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13 Things About Asbestos Personal Injury Lawsuit You May Not Have Known
What is an Asbestos Personal Injury Lawsuit?

A personal injury lawsuit involving asbestos is a claim that a victim or their family bring against the companies that caused the exposure they have 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 typically have to file individual lawsuits, not class action claims.

Statute of limitations

State statutes of limitations specify specific deadlines for filing lawsuits. These deadlines ensure that important evidence is preserved and witnesses have the opportunity to give evidence. These deadlines also ensure that a victim’s claim isn't thrown out because of the passage time. The exact statute of limitations differs by state and is dependent on the type of case. Personal injury lawsuits, for instance, are governed primarily by the date that the diagnosis was made. Wrongful death cases are governed primarily by the date when the deceased person died.

If you've been diagnosed with an asbestos-related illness, it's essential to talk to a lawyer as soon as you can. Professional mesothelioma lawyers will review your medical history and work history to determine if you're eligible to file a claim. They can also help you in filing your claim with the proper jurisdiction in accordance with the specific circumstances of your case. Factors such as the place you work or live in, the time and location you were exposed to asbestos, as well as the location and business that exposed you could alter the statute of limitations in your case.

It's important to keep in mind that the statute begins running the moment you are first diagnosed with an illness that is related to asbestos. It doesn't start from the first exposure, because symptoms can take a long time to show up. This is referred to as the discovery rule.

The rule of discovery is also applicable to cases that involve multiple diseases or cancers that are caused by asbestos exposure. A person could be diagnosed with asbestosis and later develop mesothelioma. In most states, the mesothelioma diagnosis will cause a new statute of limitations.

If a mesothelioma patient dies before their case is settled and the case is re-opened, it can be converted to a wrongful death lawsuit and the estate of the victim's victims will continue to pursue compensation. This could help with expenses such as medical bills, funeral costs and lost income.

In certain circumstances, some states allow the clock to be tolled or paused. Most often, this happens when the victim is a minor or has no legal capacity. It could be the case if a defendant conceals evidence from the victim or their family.

Premises Liability

Although mesothelioma is typically caused through exposure to asbestos at work certain cases are caused by exposure through secondhand contact with the hazardous material. In these instances you could be in a position to file a premises liability lawsuit against the owner of the property on which the incident took place. Premises liability is based on the notion that homeowners and business owners are required to ensure that their premises are safe for guests. This means taking steps such as fixing unsafe conditions or advising guests of hazards.

In addition to the landowners and companies who manufacture asbestos products, those who supply asbestos fiber can be held accountable under premises liability. This can include mining companies that harvest the material and distribution companies that supply the material to manufacturers for use in their products. Based on the facts of the matter, this could also include retailers who sell asbestos insulation, or who sell it directly to workers.

Typically, a asbestos personal injury lawsuit will typically be founded on negligence or strict liability. The person who was injured must have failed to take reasonable precautions to safeguard themselves from harm that was foreseeable. The injured party is relying 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-related claim. A plaintiff, for example must show that defendants were aware of the dangers of asbestos and that the victim’s injury or illness resulted directly from the knowledge. It isn't an easy thing to do given the extensive amount of information that has to be considered in asbestos litigation and the difficulty of the proof of specific actions performed or not taken by the defendant.

For instance, in Kesner v. Ford Motor Co. and Haver v. General Electric, the court ruled that the landowner's obligation to protect their household members from exposure to secondhand asbestos is not based on the risk of harm that is foreseeable. This is because the landowner does not have the same degree of control or understanding that a worker's employer would have regarding the potential hazards of asbestos from work brought home by an employee's clothing.

Product Liability

If an asbestos victim develops a disease such as mesothelioma, law generally holds defendants accountable for their exposure. Mesothelioma lawsuits are usually filed under the doctrine of product liability, which stipulates that if someone is injured by an unreasonably dangerous product, any person involved in the "chain of distribution" may be held liable. This includes the manufacturer; wholesalers, suppliers of materials distributors, retailers and employers, as well as the property owners, managers and landlords.

An asbestos personal injury lawyer can assist victims identify potential defendants and determine which ones to name in a lawsuit. Victims typically name the company or companies they believe exposed them asbestos on various work sites. This could include multiple different insulation companies, manufacturers of asbestos-containing products and mining companies, construction materials and more.

Many of the asbestos companies that made and distributed asbestos-containing products went under and were left without funds and assets required to pay victims. To pay claims, a number of asbestos funds were established. While filing a claim through an asbestos trust fund is not the same as filing a mesothelioma lawsuit it could still be beneficial for a victim.

Defendants can be held liable for asbestos personal injury claims based upon a variety of theories of liability, including breach of warranty, negligence and strict liability. It is difficult to prove causation in cases of mesothelioma because the signs of this cancer usually take a long time to manifest. Victims will need to prove that the asbestos-containing product they were exposed to is the reason for their mesothelioma, and that it wasn't caused by any other cause.

If more than one defendant has been found to be responsible for mesothelioma that has been found in a victim, their attorneys may file an application to divide. This is the method that a jury or judge decides how much money each defendant owes the plaintiff.

An experienced mesothelioma attorney can determine the potential value of a patient's case in a no-cost, no-obligation consultation. Victims of these lawsuits can be awarded compensation for economic and noneconomic damages. In some cases victims could also be entitled to punitive damages.

Wrongful Death

Anyone who has been exposed to asbestos at work are more likely to developing a disease such as mesothelioma, lung cancer, or asbestosis. In the majority of cases, victims can identify the source of asbestos exposure by looking at their medical records or job history. Asbestos victims may receive financial compensation for their exposure to assist in covering costs associated with medical expenses, loss of wages, as well as pain and suffering.

Patients suffering from asbestos-related diseases can often sue companies who put them at risk for exposure. These companies are accountable for their negligence and are required to pay compensation. Compensation can be used to assist families and patients pay for specialized treatment for asbestos-related diseases and other financial losses due to mesothelioma or other diseases.

Mesothelioma victims should speak to an experienced mesothelioma lawyer regarding their rights to seek compensation. They can assist in determining the potential worth of a mesothelioma lawsuit in a free mesothelioma lawsuit review.

Asbestos lawyers can also file a lawsuit for wrongful death on behalf of loved ones who have died because of mesothelioma or another asbestos-related illness. State-by-state, wrongful death claims must be filed in a certain time frame. Everett asbestos attorneys can help the estate representative file a mesothelioma suit for the wrongful death of a loved one 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 loved ones and seek additional compensation for financial losses. These damages include funeral and burial expenses, lost income from a deceased's lifetime earnings and pain and emotional distress suffered by family members.

Many asbestos-related companies that produced asbestos-containing goods have declared bankruptcy. In the process, these companies now manage trust funds that compensate present and future victims of their harmful products. Asbestos lawyers are able to help clients submit trust fund claims to these bankrupt firms to receive compensation. They can also file a traditional lawsuit in court against other businesses should they need to.

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