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20 Trailblazers Are Leading The Way In Asbestos Personal Injury Lawsuit What is an Asbestos Personal Injury Lawsuit? A personal injury lawsuit for asbestos is a claim brought by the victim or their loved ones, against the companies responsible for their asbestos exposure. Compensation is awarded to compensate for various damages. Mesothelioma and other asbestos-related ailments have long latency periods which means it could take years before symptoms are detected or the diagnosis is made. Asbestos sufferers typically have individual lawsuits filed instead of group action claims. Statute of limitations Lawsuits are required to be filed within certain deadlines set by state statutes of limitations. These deadlines ensure that crucial evidence is preserved and that witnesses are able to be heard. These deadlines also ensure that a victim's claim isn't dismissed because of the length of time. The statute of limitations is different according to the state and depends on the type case. For example, personal injury lawsuits are typically governed by the date of diagnosis, whereas wrongful death cases are governed by the date of the deceased's death. If you've been diagnosed with an asbestos-related disease, it's important to speak to a lawyer as soon as possible. Professional mesothelioma lawyers will review your medical history and job information to determine if there is a chance that you have a basis for a legal claim. They can also help you file the claim in the most appropriate place depending on your particular situation. Factors like where you live or work, when and where you were exposed to asbestos as well as the location and business which exposed you may affect the statute of limitation in your case. It's important to bear in mind that the statute begins running when you first get diagnosed with an illness that is related to asbestos. It doesn't start from the initial exposure, as symptoms can take a long time to show up. This is referred to as the discovery rule. The discovery rule also applies to situations where exposure to asbestos is linked to multiple diseases or cancers. For instance, a patient may have been diagnosed with asbestosis and later develop mesothelioma. In most states, a mesothelioma diagnosis would cause a new statute of limitations. If a mesothelioma patient passes away before the case is resolved the case can be changed to a wrongful death lawsuit and the estate of the victim may continue to pursue compensation. This can help alleviate expenses like medical bills, funeral costs and income loss. Lastly, some states allow the statute of limitations clock to be stopped or tolled in certain situations. Typically, this occurs when the victim is a minor or has no legal capacity. It could also happen if the defendant conceals evidence from the plaintiff or their family. Premises Liability Mesothelioma usually occurs as an outcome of asbestos exposure in the workplace however in some instances exposure to secondhand asbestos is an element. In these instances it is possible to bring a premises liability suit against the property owner where the incident occurred. Premises liability is based on the idea that homeowners and businesses are obliged to ensure that their premises are safe for guests. This means taking steps to fix unsafe conditions or warn guests of dangers. In addition to landowners, companies who made asbestos-related products and those that provided asbestos fiber raw can also be held liable under premises liability. This could include mines that gathered the material as well as distribution companies that sold it to manufacturers to use in their products. Based on the circumstances of a particular case it could also include retailers who sold asbestos insulation and also those who sold it to workers directly. Typically, a personal injury lawsuit will be founded on negligence or strict liability. The former involves the injured person's inability to take reasonable precautions to protect himself or herself from harm that could be foreseeable. class action lawsuit asbestos exposure is the injured party's reliance on a company's assertion that the product is safe and was suitable for use in the way intended. There are many important aspects in establishing negligence and strict liability for asbestos claims. 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 the direct result of this knowledge. This is a difficult thing to prove, given the vast amount of information needed in asbestos litigation. It's also difficult to establish specific actions taken or not taken by the defendant. For instance in Kesner v. Ford Motor Co. and Haver v. General Electric, the court determined that a landowner's duty to protect household members from secondhand exposure to asbestos cannot be based on the possibility of harm. This is because the landowner doesn't have the same degree of control or information that an employer of a worker would have regarding the potential risks of asbestos exposure from work that comes to the home of an employee's clothes. Product Liability When an asbestos-related victim develops mesothelioma, or another disease it is the law that holds the defendant company accountable for their exposure. Mesothelioma lawsuits are often filed under the doctrine of product liability, which says that if someone is injured due to an unreasonable risk product, everyone involved in the "chain of distribution" could be held accountable. This includes the manufacturer, material suppliers wholesalers and distributors, employers, retailers and even landlords, property managers and owners. An asbestos personal injury lawyer can help victims identify potential defendants and decide which ones to mention in a lawsuit. Victims typically mention the company or firms they believe exposed them asbestos on various work sites. This could include multiple different insulation companies as well as manufacturers of asbestos-containing products and construction materials, mining companies and many more. Many of the asbestos companies that produced and sold asbestos-containing products went bankrupt and were left without funds and assets needed to pay compensation to victims. In the aftermath, a number of large asbestos trust funds were created to pay out claims. While filing a claim through 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 claims relating to asbestos-related personal injuries under a variety of theories of liability. These include breach of warranty, strict liability and negligence. It is difficult to prove causality for mesothelioma since the signs of this cancer typically take many years to appear. Victims will need to prove that the asbestos-containing product they were exposed to was the cause of their mesothelioma. They must also prove that it was not some other reason. If more than one defendant is determined to be the cause of a mesothelioma victim, their lawyers may file a petition for apportionment. This is the procedure that a judge or jury determines the amount each defendant owes to the plaintiff. A mesothelioma lawyer can evaluate the value of a patient's case during a no-cost consultation. The compensation awarded to victims in these lawsuits may include financial and non-economic damages. Additionally certain victims could be eligible to receive punitive damages in rare circumstances. Wrongful Death Anyone who is exposed to asbestos in their work have a greater risk of developing a disease such as asbestosis mesothelioma, lung cancer, or mesotheliom. In the majority of cases, victims can determine the location of exposure to asbestos by examining their medical records or job history. Asbestos exposure can result in financial compensation for victims. This can be used to cover medical expenses, lost wages as well as pain and discomfort. People suffering from asbestos-related diseases can often file a lawsuit against companies that exposed them to asbestos. The companies are accountable for their negligence and are required to pay compensation. Compensation can be used to assist patients and families pay for specialized treatment for asbestos-related diseases and other financial losses due to mesothelioma and other illnesses. Mesothelioma patients should consult an experienced mesothelioma attorney about their rights to compensation. They can assist in determining the potential value of a mesothelioma case through a no-cost mesothelioma case review. Asbestos attorneys may also file a lawsuit for the wrongful death of loved ones who have passed away due to mesothelioma, or another asbestos-related illness. The wrongful death claim must be filed within a specified time frame, which varies between states. An attorney can help the estate representative file a mesothelioma suit for wrongful death and hold negligent asbestos-related companies accountable for the exposure of their clients. Compensation for wrongful death from an asbestos personal injury lawsuit can help families deal with the death of a loved one and recover additional damages for their financial losses. These damages include funeral and burial costs as well as the loss of income resulting from a deceased's lifetime earnings and emotional and physical pain suffered by family members. Many asbestos companies that manufactured asbestos-containing products have declared bankruptcy. This has meant that these companies now manage trust funds which compensate the present and future victims of their harmful products. Asbestos lawyers can assist clients make trust fund claims for compensation from these bankruptcy-owned companies. They may also file a lawsuit in court if needed against other businesses.