Asbestos was once widely used to make products fire-resistant and stronger and to insulate them. Asbestos was used in homebuilding on roofing and siding, tiles, soundproofing, drainpipes, and in countless products such as brake pads and linings in automobiles. Asbestos products have been used routinely in construction to strengthen concrete, the military, and manufacturing.
Asbestos has been widely used and can cause a wide range of harm if it is inhaled. If you or a loved one suffers from an asbestos-related illness, it is important to understand that there is a statute of limitations on your claim for compensation. Our dedicated attorneys are available to sit down with you and walk you through your next steps.
Diseases linked to asbestos are categorized as non-malignant and cancer. The diseases are caused by fibers that imbed themselves in a person’s body after they are breathed into the lungs or swallowed. If a person contracts any asbestos-related disease, compensation should be available from all entities responsible for the exposure. The deadliest asbestos-related disease is mesothelioma.
Mesothelioma can appear in the linings surrounding the lungs, known as pleural mesothelioma; the heart, known as pericardial mesothelioma; the stomach, peritoneal mesothelioma; or the testes, testicular mesothelioma.
Asbestos-related diseases include:
An attorney with experience handling asbestos-related claims can assess the circumstances of a claim to determine the path forward.
Every state has codified a statute of limitations, which is the amount of time a plaintiff has to file a civil lawsuit or make a claim with an asbestos bankruptcy trust. Additionally, plaintiffs with an asbestos-related disease may be able to file a claim in multiple venues, including state courts, federal courts, workers compensation courts, and asbestos bankruptcy trusts. The statute of limitations in these actions varies. And even though a person does not have forever to file, the tolling time usually does not begin until a person is diagnosed with an asbestos-related disease or dies.
The deadline for an injury claim tends to range between one and three years, although the exact statute of limitations depends on the state. Some states allow a longer period to file, but plaintiffs should not assume they have the maximum time because filing late may mean the claim will fail. An experienced lawyer could make sure a case meets all filing deadlines.
If you are exposed to asbestos at work or in the home, symptoms and a diagnosis can take years, even decades. Because states limit the amount of time you have to file a lawsuit against the responsible party, you may wonder if you have exceeded that statute of limitations.
The good news is the statute does not begin to toll until you receive an asbestos-related diagnosis. However, you should still act quickly if you have been diagnosed. Talk to our tenacious team to learn more about how we could help you recover your losses.
