Protecting Your Rights
Statute of Limitations in Asbestos Cases
Many people do not realize that there is a time limit for bringing a lawsuit once you have been diagnosed with malignant mesothelioma. This law is called the Statute of Limitations. All 50 states have statutes of limitations. They set forth the time limit for a person with mesothelioma to file their lawsuit. If you go even one day past this time limit, then no matter how meritorious your case is, it will be dismissed from court.
Naturally, if you have been diagnosed with mesothelioma or if a loved one has passed away from mesothelioma, filing a lawsuit is probably the last thing you are thinking about. However, if you do not contact a lawyer, your valuable legal rights will be lost.
Every state has a different statute of limitations. For any particular case, it is critical to consult the specific statute of limitations that applies in that state. Many states allow two years to file a lawsuit from the date that you were diagnosed with mesothelioma. That is why that it is important to contact a lawyer with significant experience in representing mesothelioma clients. An experienced lawyer can file a lawsuit quickly and work efficiently and effectively with you on your case.
What If My Loved One Has Passed Away?
A question often arises, “What happens if my loved one with mesothelioma should pass away?” If a person passes away from mesothelioma after a lawsuit is filed, then the lawsuit will continue on behalf of his or her estate. Typically, the spouse will be appointed executor or personal representative of the estate and the lawsuit will continue to resolution.
However, sometimes the person has passed away from mesothelioma before the family contacts a lawyer. Even then, it is not too late, as long as the lawyer is contacted quickly. The Statute of Limitations Rule, which in some states provides two years to file a lawsuit from the original diagnosis of mesothelioma, still applies even if the person should pass away from mesothelioma. Thus, as long as it is two years from the date of the diagnosis of mesothelioma, the person’s estate may still bring a lawsuit.
Wrongful Death Statutes
What happens if more than two years has passed after the original date of diagnosis of mesothelioma? Unfortunately, this does happen occasionally where the surviving spouse contacts a lawyer more than two years after the deceased spouse was diagnosed with mesothelioma. Many states have what is known as wrongful death statutes. That means that the surviving spouse or dependent children can bring a lawsuit on their own behalf for the wrongful death of their spouse or parent. In some states, a domestic partner may also be able to file a wrongful death lawsuit. The time limit for this is two years from the date of death under the laws of many states.
Important to Contact Us Immediately After a Diagnosis of Mesothelioma
Mesothelioma is, and should have been, a completely avoidable cancer. It is caused by breathing asbestos dust, including breathing asbestos dust taken home to the family on the clothes of the person who worked around asbestos. The relationship between asbestos dust and malignant mesothelioma is one of the most well-proven cause and effects in all of cancer medicine. Despite the industry’s knowledge of the dangers of asbestos, the defendants did not place warnings on their products and equipment about the dangers of asbestos.
Therefore, anyone who has been diagnosed with mesothelioma should seek the best legal representation as well as the best medical treatment. In order not to lose your important legal rights, you should contact our firm and talk to a lawyer experienced in mesothelioma cases as soon as possible after a diagnosis.
