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What is an Asbestos Personal Injury Lawsuit? Chicago asbestos attorney for asbestos is a lawsuit brought by the victim, or their family, against the companies responsible for their exposure to asbestos. Compensation is awarded for various damages. Mesothelioma and other asbestos-related diseases have long latency periods, meaning it can take decades before symptoms are detected or a diagnosis is established. Asbestos sufferers typically have individual lawsuits filed instead of class action claims. Statute of limitations State statutes of limitations specify specific deadlines for filing lawsuits. These deadlines help to preserve important evidence and give witnesses the opportunity to give evidence. They also ensure that the claim of a victim is not thrown out due to the length of time. The time period for filing a claim varies by state and depends on the nature of the case. Personal injury lawsuits, for example are governed primarily by the date on which the diagnosis was made. Wrongful death cases are determined by the date that the deceased passed away. It is important to speak with an attorney right away in the event that you've been informed that you have an asbestos-related disease. Expert mesothelioma lawyers can look over your medical history and job information to determine if there is a chance that you're eligible to file a claim. They can also assist you to file the claim in the most appropriate jurisdiction in light of your specific situation. Factors like where you lived or worked, the date and where you were exposed, and the location of the company which exposed you to asbestos may play into the statute of limitations in your case. Additionally, it's important to keep in mind that the statute of limitations starts at the time you were first diagnosed with an asbestos-related disease. It doesn't begin with the initial exposure, as symptoms may take years to show. This is known as the discovery rule. The rule of discovery is also applicable to cases that involve multiple cancers or diseases related to asbestos exposure. For instance, a patient may be diagnosed with asbestosis, but later develop mesothelioma. In the majority of states, a diagnosis of mesothelioma will trigger a new statute-of-limitations period. If a mesothelioma patient passes away before their case is resolved and the case is re-opened, it can be converted into a wrongful death lawsuit. The estate of the victim may continue to pursue compensation. This can help pay for expenses like funeral costs, medical bills and lost income. Additionally, certain states permit the statute of limitations clock to be paused or tolled in certain instances. Typically, this occurs when the victim is a minor or has no legal capacity. It might also occur if the defendant conceals evidence from the plaintiff or their family members. Premises Liability Mesothelioma most often occurs as the result of occupational asbestos exposure, but in some cases exposure to secondhand asbestos is an element. In these cases it could be possible to make a premises liability claim against the property owner at the time the incident occurred. Premises liability is based on the idea that homeowners and businesses are required to keep their property reasonably safe for visitors. This means fixing unsafe conditions or warn guests of dangers. In addition to landowners and companies that manufacture asbestos-related products, those who supply raw asbestos fiber may also be held accountable under premises liability. This includes mining companies that harvest the material and distribution companies that sell the material to manufacturers for use in their products. Based on the facts of the matter it could also be retailers that stock asbestos insulation or those who sell asbestos insulation directly to workers. Typically, an asbestos personal injury lawsuit is one of negligence or strict liability. The person who was injured must have not taken reasonable precautions to protect themselves from harm that was pre-planned. The injured party is relying 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 asbestos cases there are several important issues to be considered. A plaintiff, for example must show that defendants were aware of the dangers of asbestos and that the victim’s injury or illness was directly a result of the knowledge. It is difficult to prove, given the large amount of evidence required 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 decided that a landowner does not owe a duty to protect family members from exposure to asbestos based on foreseeable harm. This is because the landowner does not have the same level of control or understanding that an employer of a worker could have about the potential dangers from work-related asbestos brought home on an employee's clothing. Product Liability When an asbestos victim develops mesothelioma, or another disease it is the law that holds the defendant company accountable for their exposure. Mesothelioma lawsuits are usually filed under the theory of products liability. This implies that anyone who is part of the “chain” of distribution can be held responsible when an individual is injured by a harmful product. This includes the manufacturer, the material suppliers, wholesalers and distributors, employers, retailers, and even landlords, property managers, and owners. An asbestos personal injury lawyer can assist victims identify potential defendants and determine which ones to name in a lawsuit. Victims typically mention the company or firms they believe exposed them to asbestos at various jobsites. This could be a range of insulation companies as well as manufacturers of asbestos-containing products and construction materials, mining companies and many more. Many asbestos companies that produced and sold asbestos-containing products went bankrupt. They were left without the assets or funds needed to compensate victims. To pay for claims, several large asbestos funds were established. A claim filed through asbestos trust fund is not the same thing as a mesothelioma suit but it can benefit victims. The defendants can be held accountable for asbestos personal injury claims based on several theories of liability, including breach of warranty, negligence or strict liability. In cases involving mesothelioma it can be difficult to prove the causality because the symptoms of this cancer usually take a long time to develop. Victims will need to prove that the asbestos-containing substance they were exposed to is the reason for their mesothelioma, and that it was not some other cause. If more than one defendant has been deemed to be responsible for mesothelioma that has been found in the victim, their lawyers can submit an application to divide. This is a process in the jury or judge determines the amount each defendant owes the plaintiff. An experienced mesothelioma attorney can determine the potential value of a victim's case during a free, no-obligation consultation. Victims of these lawsuits can receive compensation for both economic and noneconomic damages. In addition, certain victims may be eligible to receive punitive damages in rare circumstances. Wrongful Death Those who have been exposed to asbestos in their work environments are more likely to developing an illness like mesothelioma or lung cancer or asbestosis. Most often, asbestos-related victims can identify the source of exposure to asbestos by looking at their medical records or work history. Asbestos victims can receive financial compensation for their exposure to assist in covering expenses related to medical expenses, lost wages, as well as pain and suffering. People suffering from asbestos-related illnesses can file a lawsuit against companies that exposed them. The companies are held accountable for their negligent conduct and are required to pay compensation. Compensation can be used to help families and patients to pay for treatment that is specialized for asbestos-related diseases as well as other financial losses related to mesothelioma, or other illnesses. Mesothelioma patients should consult an experienced mesothelioma attorney about their rights to receive compensation. They can assess the potential value of mesothelioma claims through a free review of mesothelioma lawsuits. Asbestos lawyers can also make a claim for the wrongful death of loved ones who have passed away due to mesothelioma or another asbestos-related disease. Wrongful death claims must be filed within a specified period of time that varies between states. An attorney can help the estate representative to file mesothelioma claims for wrongful death and hold the negligent asbestos-related companies responsible for the risk their clients have been exposed to. Wrongful death compensation from asbestos personal injury lawsuits can assist families in coping with the loss of a loved one and recover additional compensation for financial losses. These damages can include funeral and burial expenses, lost income from the lifetime earnings of a deceased and pain and emotional distress suffered by family members. Many asbestos-related companies who made asbestos-containing products have filed for bankruptcy. This has meant that these companies now oversee trust funds that pay the present and future victims of their toxic products. Asbestos lawyers can help clients submit trust fund claims to these bankruptcy-owned firms to receive compensation. They may also file a lawsuit in court if needed against other companies.