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What is an Asbestos Personal Injury Lawsuit? A personal injury lawsuit involving asbestos is a claim the victim or their family members bring against the company responsible for their exposure to asbestos. Compensation is awarded for a range of damages. Mesothelioma, and other asbestos-related diseases have a long time to wait for the latency. This means it can take years before symptoms or diagnoses are recognized. Asbestos patients often file individual lawsuits instead of class action claims. Statute of limitations State statutes of limitation provide specific deadlines for filing lawsuits. These deadlines help to preserve crucial evidence and allow witnesses the chance to give evidence. They also help ensure that the claim of a victim is not thrown out due to the length of time. The statute of limitations is different by state and is dependent on the type case. For instance personal injury lawsuits are generally controlled by the date of diagnosis, while the cases involving wrongful death are controlled by the date of deceased's death. If you've been diagnosed with an asbestos-related illness, it's essential to talk with a lawyer as soon as you can. Professional mesothelioma lawyers will review your medical and employment background to determine if you're eligible for a legal claim. They can also help you submit your claim to the most appropriate location in light of your specific situation. Factors like where you live or worked, when and where your exposure occurred and the location of companies which exposed you to asbestos may play into the statute of limitations in your case. It's important to bear in mind that the statute starts running the moment you are first diagnosed with an illness related to asbestos. The statute of limitations doesn't begin with the initial asbestos exposure as symptoms may be delayed for a long time before they appear. This is referred to as the discovery rule. The discovery rule applies also to cases where asbestos exposure is associated with multiple diseases or cancers. A person may be diagnosed with asbestosis and then develop mesothelioma. In the majority of states, a mesothelioma diagnose could trigger a new statute of limitations period. If Ventura asbestos attorney of mesothelioma dies before the case is settled, the case could be transformed into a wrongful-death lawsuit and the estate of the victim can continue to pursue compensation. This can help pay for costs like medical bills, funeral costs and lost income. In certain circumstances, some states will allow the clock to be stopped or tolled. This typically occurs when the victim is minor or does not have legal capacity. It can also happen if the defendant conceals evidence from the plaintiff or their family. Premises Liability Mesothelioma usually occurs as the result of occupational asbestos exposure however in some instances exposure to secondhand asbestos is an element. In these cases it could be possible to file a premises liability lawsuit against the property owner in which the incident occurred. Premises liability is founded on the idea that business owners and homeowners have a responsibility to ensure their properties are secure for guests. This includes taking measures such as fixing unsafe conditions, or warning guests of dangers. In addition to landowners, businesses who made asbestos-related products and those that supplied asbestos fiber in raw form can be held liable under premises liability. This includes mining companies that harvest the fiber and distribution companies that supply it to manufacturers for use in their products. According to the facts of the case, this could also include retailers who sell asbestos insulation or sell asbestos insulation directly to workers. A personal injury lawsuit involving asbestos is usually based on strict liability or negligence. The former is the result of the injured party's failure to take reasonable care to protect themselves from foreseeable risks of harm. The injured party relies on the assurance of the company that the product was safe and could be used in the manner intended. In determining strict liability and negligence in an asbestos case, there are several key issues. A plaintiff, for instance, must prove that defendants knew or should have been aware that asbestos is dangerous and that the victim’s injury or illness was directly a result of that knowledge. This is a difficult thing to prove due to the vast amount of information needed in asbestos litigation. It's also hard to demonstrate specific actions that were taken or not taken by the defendant. In Kesner v. Ford Motor Co. and Haver v. General Electric the court declared that a landowner doesn't owe a duty to protect family members from exposure to asbestos in the event of foreseeable harm. This is because a landowner does not have the same level of understanding as an employer regarding the dangers that asbestos could pose to those that employees bring home on their clothing. Product Liability When an asbestos-related victim develops a condition such as mesothelioma, the law generally holds defendants accountable for their exposure. Mesothelioma lawsuits are usually brought under the theory of product liability, which says that if a person gets injured by a dangerous product, anyone who is involved in the “chain of distribution” could be held accountable. This includes the manufacturer, suppliers of materials, wholesalers and distributors, retailers, employers as well as landlords, property managers and owners. An asbestos personal injury lawyer can help victims identify potential defendants and determine the ones to name in a lawsuit. Victims typically identify the company or companies they believe exposed them asbestos at various jobsites. This could include different insulation companies, manufacturers and suppliers of asbestos-containing construction materials and products mining companies, and many more. Many asbestos-related companies that made and distributed asbestos-containing items ended up in bankruptcy. They were left without assets or funds needed to compensate victims. In order to pay claims, large asbestos funds were established. While filing a claim through an asbestos trust fund is not the same as filing a mesothelioma suit, it could still be beneficial for the victim. Defendants can be held liable for asbestos-related personal injury claims based on several theories of liability, such as breach of warranty, negligence and strict liability. It is difficult to prove the causation for mesothelioma since the signs of this cancer typically take a long time to manifest. The victim will have to prove that asbestos-containing products they were exposed to led to mesothelioma and not a different cause. If more than one defendant is found to be the cause of mesothelioma in the victim, their lawyers can submit an application to divide. This is the procedure by which a jury or judge determines the amount each defendant owes to the plaintiff. An experienced mesothelioma attorney can assess the potential value of a patient's case during a complimentary, no-obligation consultation. Victims of these lawsuits may receive compensation for both economic and noneconomic damages. Additionally some victims may be eligible to receive punitive damages in rare circumstances. Wrongful Death Anyone who is exposed to asbestos while at work have a higher chance of developing a disease such as asbestosis mesothelioma, lung cancer or mesothelioma. In the majority of cases, victims can determine the location of exposure to asbestos by examining their medical records or work history. Asbestos exposure could result in financial compensation for victims. This can be used to cover medical expenses, lost wages, as well as pain and discomfort. People with an asbestos-related disease can often bring a lawsuit against companies who put them at risk for exposure. They are accountable for their actions and are required to pay compensation. Compensation can be used to help patients and families pay for specialist treatment for asbestos diseases and other financial losses related to mesothelioma and other illnesses. Mesothelioma patients should speak with an experienced mesothelioma lawyer about their rights to compensation. These lawyers can help determine the potential value of mesothelioma claims by conducting a free analysis of mesothelioma claims. Asbestos attorneys may also make a claim for the wrongful death of loved ones who have passed away due to mesothelioma, or a different asbestos-related disease. Wrongful death claims must be filed within a specific timeframe and vary from state to state. An attorney can help the estate representative to file mesothelioma claims for wrongful death and hold negligent asbestos-related companies responsible for the exposure of their clients. Wrongful death compensation from asbestos personal injury lawsuits can assist families in coping with the death of a loved one and recover additional damages for their financial losses. These damages could include funeral and burial expenses, lost income from the deceased's lifetime earnings, and the emotional and physical stress that family members suffer. Many asbestos-related companies that produced asbestos-containing products have filed for bankruptcy. These companies are now responsible for trust funds that compensate the current and future victims. Asbestos lawyers can assist clients to file trust fund claims to compensation from these companies that are in bankruptcy. They can also file a traditional lawsuit in court against other firms if necessary.