Scores of corporations that manufactured and profited from the sale of asbestos-containing products knew the health hazards as early as the 1920's. During the same period, there were alternatives to asbestos available. Ignoring the deadly risks and repercussions associated with asbestos, corporations chose to sell and recklessly use it through the 1980's. These manufacturers did not advise workers of the dangers of asbestos and consequently, many Americans who have unnecessarily and tragically contracted Mesothelioma.
Your Rights
If you worked in a high-risk industry and have been diagnosed with mesothelioma, or you have lost someone to an asbestos-related illness, it is your right to seek compensation from those responsible for your situation. The time has come to bring those who damaged your life to justice. While monetary compensation will not alleviate your pain, it will ease the burden of concerns such as medical bills, lost income, continued support for loved ones, and may aid in your situation in many other ways.
There are two types of mesothelioma lawsuits, a personal injury claim and a wrongful death lawsuit. In a personal injury claim, the mesothelioma patient files a lawsuit for damages that may include medical expenses, loss of income, and pain and suffering. In a wrongful death suit, the survivor of a mesothelioma fatality files a claim. Laws and procedures are different for each type of claim, and depend upon the jurisdiction where the case is filed.
Your legal right to claim damages depends on many factors including:
The “statute of limitations” sets a time limit for filing a claim. The clock starts ticking on the date of your diagnosis and the window of opportunity for filing a claim varies from state to state. If you do not file suit within the specified timeframe, you will lose your rights to seek damages.
While you may have been exposed up to 50 years ago, it is recognized that mesothelioma has a long latency period. The length of time from exposure to diagnosis does not negate your right to seek compensation - however, the statute of limitations will impact your right to file a claim.
It is important to work with an expert attorney who will establish and prove that you were exposed to asbestos by a specific product at a specific place by a specific manufacturer. Your attorney will work with you to help prepare and present this important cause-effect information.
The justice system is designed to protect the rights of those wrongly injured. Mesothelioma victims and their families have certainly been wrongly injured. Only a skilled lawyer, who knows mesothelioma, knows victims rights and understands the legal process can prove that a manufacturer’s negligence caused your situation. An experienced lawyer will work with you to send a message that disregard for your life and others will not be tolerated.