Source: Belluck Law, Rochester, NY
Asbestos exposure can lead to severe and often fatal illness, including asbestosis, mesothelioma, and lung cancer. Those who develop an asbestos-related illness may be eligible to file a claim.
The experienced attorneys with Belluck Law in Rochester assess your case explain your rights, and discuss your legal options, including the potential for a personal injury or wrongful death lawsuit.
The first step in pursuing a legal claim is to reach out to an attorney with a successful reputation in asbestos lawsuits, like Belluck Law LLP. These professionals evaluate the details to discern if the case is viable.
Moving forward, they will collect evidence to support the claim and file the complaint on your behalf. This is usually followed by a discovery period where the attorney and the liable party’s lawyers exchange testimony, evidence, and other information.
The parties then attempt to reach a settlement agreement during which your lawyer will negotiate a fair and reasonable settlement. If the other party refuses, the case will likely go to trial, and a judge or jury will decide whether to award compensation and in what amount.
Evidence Needed for an Asbestos Exposure Claim
An asbestos exposure claim is only as strong as its supporting evidence. To bring a viable case, you must have proof of the initial exposure and how the disease progressed. Visit – Asbestos and your health | Better Health Channel – to learn how asbestos affects health.
Showing these details is relatively straightforward with medical records, such as imaging scans, pathology reports, blood tests, and physician notes. These records rove a diagnosis linked to exposure.
It can be more challenging if it occurred decades ago. Your attorney must collect distinct evidence showing how and where the exposure occurred. This can involve contacting former colleagues and other witnesses to testify or obtaining internal records showing that the at-fault party was aware of the asbestos dangers.
They can further obtain written statements concerning the asbestos products you were exposed to and their sites.
Eligibility Filing Requirements for Asbestos Claims
Basic eligibility requirements when filing asbestos claims are:
- You or a deceased loved one must have been exposed to an asbestos product.
- You or a deceased loved one must have been diagnosed with a medical condition related to asbestos exposure.’
- Your claim must fall within the statute of limitations when filed.
Statute Of Limitations
Filing deadlines known as statute of limitations apply to asbestos exposure claims. If you fail to file within these deadlines, you could be unable to pursue compensation.
Certain circumstances are subject to exceptions, but it’s best to heed caution by reaching out to an experienced asbestos attorney as soon as possible. Each state has its own state of limitations with New York being three years from the date of diagnosis.
If the case involves an individual’s death from the exposure New York’s wrongful death statute of limitations will apply.
This has a two-year deadline and will start with the date of the person’s passing or when there was a clear connection between asbestos exposure and their disease. The following are diseases you can file claims against for successful compensation.
- Mesothelioma
- Asbestosis
- Lung cancer
- Pleural thickening
- Ovarian cancer
- Pleural effusion
- Laryngeal cancer
- Hyaline pleural plaques
This is an incomplete list; there may be other diseases you may be able to file compensation for in certain circumstances. Some diseases are possibly but not definitively related to exposure, such as stomach cancer, pharyngeal cancer, and colon cancer.
If you had exposure to asbestos and are suffering with an illness without a clear cause an attorney can assess the circumstances and determine if you have a viable case. Go here to learn the dangers of asbestos exposure.
Determining Liability in Asbestos Exposure Cases
Claims involving exposure to asbestos is based on another party’s liability for the related illness. A claim may be based on strict liability, negligence, or breach of warranty.
- Negligence: Negligence is a standard liability theory with personal injury and wrongful death actions. To prove these claims, you must establish these elements.
- Breach of duty: The at-fault party violated their duty by failing to meet a reasonable standard of care.
- Duty: The at-fault party owed the individual exposed to asbestos a legal duty, such as providing a safe workplace based on labor standards.
- Causation: The at-fault party’s breach of duty directly correlated with the individual exposed to asbestos injury and this person suffered harm from this injury.
Strict liability
Strict liability involves defective product claims. If negligence cannot be proven, you may be able to impose the strict liability theory. The elements of strict liability are comparable to negligence, but distinct.
When filing these claims, you won’t need to prove that the other party acted unreasonably. Rather, you must show that they breached their duty by manufacturing, selling, or retailing inherently dangerous products.
Breach of warranty
Some exposure claims involve breach of an implied or express warranty. A breach of warranty occurs when a manufacturer or seller guarantees that a product is safe and fit for its designated purpose when it’s not.
When this guarantee is unspoken or unwritten and assumed, it may constitute an implied warranty. For instance, a manufacturer may sell a cancer-causing product that buyers assumed was safe.
In contrast, an express warranty is an explicit guarantee such as when a manufacturer states that an asbestos-containing product is safe. It may then be liable for breach of express warranty.
Final Thought
Filing an asbestos lawsuit is a highly personal decision. Some key factors to consider:
- The severity of your condition and the impact it has on your quality of life
- The financial burden of medical care, including surgeries, treatments, medication, and ongoing care
- Lost income when unable to work due to your illness
- Physical pain and emotional suffering endured
- The desire to hold negligent parties accountable for the harm they caused
- Possibly gaining a sense of justice and closure with a personal injury attorney
Belluck Law In Rochester specializes in asbestos-exposure lawsuits, allowing you to recover compensation for illness and damages. While no amount of compensation will undo the harm you suffer, it can provide financial support and offer a semblance of justice.
