It wasn’t until the late 20th century that the Environmental Protection Agency (EPA) officially concluded that exposure to asbestos caused certain serious diseases, including mesothelioma. As a result of this, along with the potentially long period before symptoms appear, many new cases of asbestos-related disease arise every year. At the Throneberry Law Group, we work diligently for you to obtain the resources you need in order to receive the best medical treatment available.
Statute of Limitations
The statute of limitations describes the amount of time an individual has to file a lawsuit. Each state has different laws regarding the statute of limitations as it relates to asbestos-related claims. Generally speaking, the person making the claim (the plaintiff) must file a lawsuit within two years of the diagnosis. If the person exposed to asbestos has died, a wrongful death lawsuit may be initiated by that person’s survivors. In this case, the wrongful death lawsuit must be made within two years of the victim’s date of death. Again, each state has different statute of limitations so speaking with an attorney is necessary to determine if you are within the statute of limitations to file a lawsuit.
In order to prove a mesothelioma case, there are several items that must be documented, including, but not limited, to:
- The victim’s past employment history;
- The victim’s medical history and reports;
- The medical expenses related to the illness;
- The asbestos in the workplace;
- A list of activities the victim can no longer do as a result of the illness; and
- Disabilities the victim now has due to the illness.
It is important to locate and provide as much of this information as possible. The more thorough the documentation, the better chance of success you will have.
Prior to going to court, it is common for both sides to attempt to settle the case. If this is accomplished, the defendant will pay the plaintiff, and the two sides go on their way. If a settlement is not reached at this point, the plaintiff will file a complaint, which officially begins the lawsuit. Keep in mind, however, that a settlement may occur at any point during the lawsuit.
Next, both sides will complete discovery. This process involves both sides attempting to gather information from each other that will strengthen their respective case. For a plaintiff, it is important to be prepared to have numerous questions asked about your personal and professional life. The defendant will be searching for anything in your past that may have had an impact on the development of your illness. The questions may feel invasive, but keep in mind they are not personal and we will be there with you to protect your rights.
After discovery has ended, the next major step is the actual trial. At the trial, both sides will present evidence and examine witnesses in an attempt to convince the jury of the merits of their case. The jury will then decide whether they believe the defendant was liable, and, if so, the amount of compensation the defendant should have to pay.
We Can Help
At the Throneberry Law Group, we have the experience necessary to aggressively fight for your rights and the compassion required to understand the difficult illness you face. We want to help you secure the compensation you deserve.
Call us today at 888-506-1131 or email us online www.mesolawcenter.com/contact-us for a free, no-cost case evaluation.