Mesothelioma claims
Saturday, February 10, 2018
Mesothelioma claims: Before even filing a lawsuit, many people ask themselves whether they should sue the company responsible for their exposure. Often, people have a bad opinion about lawyers, lawsuits, and the “litigious society” that surrounds us today. But this view paints much too simple a picture.
If you were exposed to asbestos and later developed mesothelioma, you may be eligible for compensation through a personal injury lawsuit. You can bring a personal injury mesothelioma lawsuit while you’re still alive, and in some states, the courts will allow your estate to continue a personal injury mesothelioma lawsuit initiated before you pass away.
When you have mesothelioma, it is usually because you have, at some point in the past, been exposed to asbestos. Most people are exposed to asbestos in the workplace. Workers who are plumbers, electricians, shipyard workers and construction workers are the most likely to have been exposed to asbestos. Other people have been exposed to asbestos because they were a family member of someone who was exposed to asbestos, or were exposed while they were in the military.
Given that asbestos was used so ubiquitously through the last century and a half (and longer), there are few places that are safe from the potential for asbestos exposure. Many buildings older than about 30 years are extremely likely to have asbestos in them. Also, there are products out there that even today still have asbestos.
If your illness was caused by asbestos exposure on the job, you may have the opportunity to file a personal injury lawsuit and receive fair compensation for injuries. Attorneys usually don’t file a claim against your employer, unless the employer is an asbestos company. Instead, attorneys typically file lawsuits against the manufacturers of asbestos products. These manufacturers are generally held liable.
Mesothelioma is an incredibly rare form of cancer when it occurs naturally, but it has an inordinately high rate of occurrence for people who work with asbestos or within an area that includes asbestos. Researchers have spent countless hours of study and testing to conclude that mesothelioma can be caused directly by asbestos exposure, specifically the accidental inhalation or ingestion of asbestos fibers. For this reason, many people who are diagnosed with mesothelioma can actually file claims in pursuit of compensation from the party that exposed them to asbestos. However, as with any injury claim, there are strict statutes of limitations that govern whether or not a plaintiff’s mesothelioma complaint will be permitted in the courts. If the statute of limitations expires – meaning the plaintiff took too long to file a claim against the liable parties – the court can be asked by the defendant to throw the lawsuit out. Effectively, no lawsuits are valid after the statute of limitations. Each state uses its own laws regarding statutes of limitations on mesothelioma claims. Some states only give plaintiff’s one year after diagnosis, while others extend the statute to two years, three years, or more. You will need to look up your own state’s laws to figure out how much time you have to file a claim, but it is best to err on the side of caution and assume it could be as short as one year. Mesothelioma Attorneys Helping Clients Nationwide You can turn to Shrader & Associates L.L.P. for all the legal support you need for your mesothelioma claim, including determining when your statute of limitations ends. We have devoted our law firm to asbestos and mesothelioma claims, allowing us to become the go-to name in such litigation and lawsuits. A recent case result won by our mesothelioma attorneys secured nearly $11 million for a client who was exposed to asbestos. See what our caliber of service can do for your case. Contact us today for a free consultation.
If you or a loved one has been diagnosed with mesothelioma, you may have several legal options available to you. These include filing a claim with an asbestos trust, filing a formal lawsuit in court, or filing a claim for workers’ compensation or veterans’ benefits. The purpose of filing these claims is to recover compensation to help offset the costs associated with a mesothelioma diagnosis. If the company responsible for your asbestos exposure has not dissolved or gone bankrupt, your attorney may suggest that you file a lawsuit. Through a lawsuit, you may be able to recover compensation for medical bills, funeral expenses, pain and suffering, and even punitive damages, which are an additional monetary award granted as a punishment to the asbestos company.
Currently, there are approximately 60 asbestos trusts in the United States. There is no limit on how many trusts an individual can make a claim against, provided they meet the exposure criteria for a given trust.
Workers’ compensation laws can vary by state. Some of those laws change from year to year. If you have been diagnosed with an asbestos-related illness, you may be able to file for workers’ compensation to cover medical bills, pain, and suffering.
At the law firm of Paris & Chaikin, PLLC, in New York City, we offer a free initial consultation to discuss your case and explain your legal options. The sooner you contact our lawyers, the sooner we can go to work identifying the party that is responsible for your illness.
The table below demonstrates what the statute of limitations is by state, depending on whether it is personal injury or wrongful death. No exceptions are made to these statutes, meaning it cannot be tolled and the right to make a claim will pass after that time period.
Mesothelioma victim John Haspell is an example case of a successful wrongful death claim. Haspell, a former engineer, passed away from mesothelioma after being exposed to asbestos continuously while working at a chemicals plant in Greater Manchester, England.
When you file a worker’s compensation claim, the claim is sometimes against the company you are working for (or were working for in the past), but usually, the claim is filed against whatever company made the product that had asbestos in it. In such cases, the company that made the product is held liable for your illness.