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What is an Asbestos Personal Injury Lawsuit? A personal injury lawsuit involving asbestos is a claim filed by a victim, or their family, against the company responsible for their exposure to asbestos. Compensation is awarded for a variety of damages. Mesothelioma and other asbestos-related diseases have long latency times which means it could take years before symptoms are identified or the diagnosis is confirmed. Asbestos patients often make individual lawsuits rather than class action claims. Statute of Limitations State statutes of limitation provide specific deadlines for filing lawsuits. These deadlines ensure that crucial evidence is kept and witnesses are given the chance to give evidence. They also ensure that the claim of a victim is not thrown out due to the length of time. The statute of limitations differs from state to state and is based on the type of case. Personal injury lawsuits, for example, are governed primarily by the date the diagnosis was made. The cases involving wrongful death are mostly governed by the date when the deceased died. It's crucial to consult an attorney immediately if you've been told that you suffer from an asbestos-related illness. Professional mesothelioma lawyers will review your medical and employment history to determine if you have a basis for a legal claim. They can also assist you to submit your claim to the most appropriate jurisdiction depending on your particular situation. Factors such as where you resided or worked, the time and where you were exposed and the location of the companies that exposed you to asbestos may influence the time limit in your case. Flint asbestos lawsuit to keep in mind that the statute starts running the moment you are first diagnosed with an illness that is related to asbestos. It doesn't begin from the first exposure, because symptoms can take a long time to show up. This is known as the discovery rule. The rule of discovery applies in cases where asbestos exposure is associated with multiple illnesses or cancers. A person may be diagnosed with asbestosis and later develop mesothelioma. In the majority of states, a mesothelioma diagnosis will cause the new time limit for the statute of limitations. If a mesothelioma patient dies before the case is settled, the lawsuit could be transformed into a wrongful death lawsuit and the estate of the victim may continue to seek compensation. This could help with costs like medical bills, funerals and lost income. Lastly, some states permit the statute of limitations clock to be stopped or tolled in certain circumstances. This is typically the case when the victim is minor or is not legally competent. It could occur if the defendant conceals evidence from the victim or their family. Premises Liability While mesothelioma most often is caused by occupational exposure to asbestos, some cases involve secondhand exposure to the dangerous material. In those instances it could be possible to bring a premises liability suit against the property owner where the incident occurred. Premises liability is founded on the idea that business owners and homeowners have an obligation to ensure that their premises are secure for guests. This includes fixing unsafe conditions, or warn guests of potential dangers. In addition to landowners, companies who made asbestos-related products and those that provided asbestos fiber raw can also be held accountable under premises liability. This includes mines that harvested the material, as well as distribution companies that sold it to manufacturers to use in their products. Based on the facts of a case it could also be retailers that stocked asbestos insulation and also those who sold it directly to workers. A personal asbestos lawsuit for injury is usually based on strict liability or negligence. The person who was injured must have not taken reasonable precautions to protect themselves from harm that was pre-planned. The injured party relies on the assurance of the company that the product was safe and can be used in the manner intended. There are many important aspects in establishing the liability of negligence and strict liability in an asbestos claim. A plaintiff, for instance, must prove that defendants were aware or ought to have been aware that asbestos is dangerous and that the victim’s injury or illness was directly a result of this knowledge. This is difficult to prove due to the vast amount of information required in asbestos litigation. It's also hard to prove specific actions taken or not by the defendant. For instance in Kesner v. Ford Motor Co. and Haver v. General Electric, the judge ruled that a landowner's responsibility to safeguard household members from secondhand exposure to asbestos cannot be based solely on the possibility of harm. This is because the landowner doesn't have the same level of control or understanding that a worker's employer could have about the possible hazards of asbestos from work brought home on an employee's clothing. Product Liability When an asbestos-related victim develops a condition such as mesothelioma or asbestosis, the law generally holds defendants accountable for their exposure. Mesothelioma lawsuits are usually filed under the doctrine of products liability, which states that if a person is injured by an unreasonably dangerous product, any person involved in the “chain of distribution” is liable. This includes the manufacturer, wholesalers, material suppliers distributors, retailers and employers; and even property owners, managers and landlords. An asbestos personal injury attorney can assist victims in identifying potential defendants, and determine the ones they should mention in a lawsuit. The victims will usually identify the company or companies they believe exposed them to asbestos in various workplaces. This could include a variety of insulation companies as well as manufacturers of asbestos-containing products and mining companies, construction materials and more. Many asbestos companies that produced and sold asbestos-containing products went bankrupt and were left without assets and funds needed to pay victims. As a result, several large asbestos trust funds were set up to pay out claims. While submitting a claim to an asbestos trust fund is not the same as filing a mesothelioma lawsuit it can still be beneficial to a victim. The defendants could be held accountable for asbestos-related personal injury claims under several theories of liability. These include breach of warranty, strict liability, and negligence. It is often difficult to prove the causation in cases of mesothelioma because the symptoms of this cancer can take a long time to manifest. The victim will have to prove that the asbestos-containing products they were exposed to triggered their mesothelioma, and not some other cause. If more than one defendant is determined to be the cause of a mesothelioma victim, their lawyers can request an apportionment. This is a process by the jury or judge decides on the amount each defendant owes to the plaintiff. A mesothelioma lawyer can assess the value of a victim’s case during a no-cost consultation. Victims of these lawsuits can receive compensation for economic and noneconomic damages. In addition certain victims could be eligible to receive punitive damages in rare circumstances. Wrongful Death Those who are exposed to asbestos while at work have a greater risk of developing a disease like asbestosis, lung cancer or mesothelioma. In most cases, patients are able to determine the location where they were exposed to asbestos by reviewing their employment record or medical documents. Asbestos victims may receive financial compensation as a result of their exposure, to help pay for expenses related to medical expenses, lost wages, and suffering and pain. People suffering from asbestos-related illnesses can bring a lawsuit against the companies that exposed them to asbestos. They are accountable for their actions and must pay compensation. Compensation can be used to help families and patients pay for specialized treatment for asbestos diseases and other financial losses related to mesothelioma or other diseases. Mesothelioma victims should speak to an experienced mesothelioma lawyer about their rights to seek compensation. These lawyers can help you determine the potential value of a mesothelioma claim in a free mesothelioma lawsuit review. Asbestos attorneys can also file a lawsuit for wrongful death on behalf of loved ones who have died because of mesothelioma or another asbestos-related disease. State-by-state, wrongful death claims must be filed in the timeframe of. An attorney can help the estate representative to file a mesothelioma wrongful death claim and hold the negligent asbestos-related businesses accountable for their client's exposure. Compensation for the wrongful death resulting from an asbestos personal injury lawsuit can assist families in coping with the death of loved ones and obtain additional compensation for financial losses. These damages could include funeral and burial costs as well as the loss of income from the deceased's lifetime earnings and the emotional and physical suffering of family members. Many asbestos-related companies that produced asbestos-containing products have declared bankruptcy. In the process, these companies now manage trust funds which compensate the those who have suffered from their toxic products. Asbestos attorneys can help clients make trust fund claims for compensation from these bankruptcy-owned companies. They can also bring a traditional lawsuit in court against other companies if necessary.