5 Facts About Asbestos Lawsuits

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Personal injury lawsuits related to asbestos are the longest-running “mass tort” litigation in American history.
The majority of mesothelioma legal cases are settled out of court without ever going to trial.
The number of mesothelioma and other asbestos-related claims has continued to increase rapidly in recent years.
Non-traditional companies and products that contain asbestos, such as cosmetic talc, are increasingly at the center of new lawsuits.
Mesothelioma trust funds contain more than $30 billion in assets to cover payouts of settlements and verdicts from mesothelioma disputes.

Types of Mesothelioma Lawsuits

There are two primary types of actions that can be filed with respect to mesothelioma: personal injury and wrongful death. Which type of complaint gets filed depends on whether the mesothelioma victim is still alive and who is filing the lawsuit.

Personal Injury

Upon receiving a mesothelioma diagnosis (or a diagnosis of some other asbestos-related disease), you can file a personal injury lawsuit. Given the length of time that diseases like mesothelioma can take to manifest (usually several decades or more), it can be hard to figure out exactly where the asbestos exposure that led to the disease occurred. Therefore, it’s important to contact a mesothelioma lawyer right away after your diagnosis to get the process started so that you don’t lose your legal rights to compensation due to expired statutes of limitations.

Wrongful Death

If, unfortunately, a victim passes away before being able to file a complaint, family members may be able to file a lawsuit on his/her behalf for wrongful death. As with personal injury, wrongful death claims also have a statute of limitations – although in some states, wrongful death statutes are much shorter than personal injury statutes.

If a loved one has died of mesothelioma, you should be sure to contact a knowledgeable attorney as soon as possible so that you can discuss your rights and initiate the legal process of filing a claim. It can sometimes take longer to research medical and occupational histories of deceased mesothelioma victims, since family members may not always be aware of where their loved ones lived or worked in decades past.

When to File

The length of time that you have to file a mesothelioma lawsuit – known as the statute of limitations – varies from state to state, and it depends on which type of complaint (personal injury or wrongful death) is being filed. If you don’t start your lawsuit within the appropriate timeframe, you could lose all rights to any compensation you might otherwise receive.

Generally, the clock starts ticking from the date of diagnosis (for personal injury) or the date of death (for wrongful death). For a state-by-state list of lawsuit filing limits, see our Mesothelioma Statute of Limitations table.

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Sunday, June 12, 2016

5 Facts About Asbestos Lawsuits

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