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.
Information
Required
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.
Litigation Process
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.
