Depending on where people work or live, it may be possible for them to suffer from mesothelioma. This disease often comes from asbestos exposure, but it's highly rare. Hence, not many people know it and don't know how to notice it.
While not noticing a disease on time can already worsen a health problem, it can also put people in a complicated legal situation. Most legal actions have a statute of limitations, which is the time people have to start that process. The same applies to mesothelioma since not noticing the victim suffers from it can lead them to go over that deadline.
Asbestos exposure is more common than people think, and recovering from it is highly expensive, so compensation is essential in these cases. Lawyers can help people looking forward to filing a mesothelioma claim to do everything within the statute of limitations.
People will learn what the statute of limitations for an asbestos personal injury lawsuit is in Ohio on this page. They can learn more about this legal process and how to get help from it by contacting Schuerger Shunnarah Trial Attorneys. Its website has more information about its services such as help with a construction accident statute of limitations in Ohio.
How Much Time Do People Have to File Mesothelioma Claims in Ohio? - Mesothelioma Lawsuit Statute of Limitations
People in Ohio have two years from the day they discover they have mesothelioma to file a claim against the negligent party. That means the statute of limitations deadline for an asbestos claim is two years.
There are certain exceptions to that statute of limitations, and it's important people know them in case they need to take more time. If the plaintiff is younger than 21 years old, they will have to wait until they are to sue anyone, for example.
One of the main exceptions to the statute of limitations that victims of asbestos exposure can use to their benefit is the discovery rule. This rule consists of counting down the deadline from the day the victim discovers the disease or gets the official diagnosis.
Sometimes, defendants in mesothelioma lawsuits file for bankruptcy and create an asbestos trust fund to compensate victims. In these cases, the statute of limitations for this procedure may change. Asbestos trust funds are not that common, though.
The cause of the asbestos exposure won't always change the statute of limitations, but it may change specific parts of the process. Here are a few examples:
Workplace Exposure
Workers in industrial settings, such as shipyards or construction sites, are often exposed to asbestos. Ideally, if their boss knows there will be exposure to the mineral in the place, they need to let them know what they can do to stay safe.
If the asbestos companies in charge of keeping employees safe from asbestos fail to do it, their employees can file asbestos claims against them. Instead of filing a regular lawsuit, they can look for workers' compensation options. However, suing their boss is always an option if they are not eager to help them. This doesn't change the statute of limitations.
Product Liability
While product liability in asbestos claims can include using products people use when they work, this is not a workers' compensation case. When people talk about this, they mean people filing a mesothelioma lawsuit because they developed the disease after using items including this mineral.
Victims of this problem can start an asbestos litigation process and sue the manufacturing company that developed these items. This is common in products such as insulation, automotive parts, or talcum powder. Manufacturers need to warn about the risks of using what they sell or at least make sure it's safe to use them.
Environmental Exposure
People filing a mesothelioma lawsuit can do it against a person, company, or government entity. People in an environmental exposure case often sue the last one, but that also means following a different process. Regardless of that, the mesothelioma statute of limitations stays the same.
Generally, environmental exposure asbestos lawsuits come from people living near asbestos mines or factories. Contaminated sites may endanger people living nearby, too. Why sue the government? Because, in most cases, they are the ones in charge of ensuring the people in the area are safe from that kind of problem.
Secondary Exposure
Although this may not be on purpose, someone suffering from mesothelioma or exposed to asbestos can make their family members or roommates develop the disease, too. This is called secondary exposure. In this case, asbestos fibers go home with people on their clothing or skin. That could make them or the people who made them get the illness in the first place liable.
It's important to understand who the victim will try to hold liable in their personal injury lawsuits to truly know what the statute of limitations will be. Choosing the wrong person will surely lead to a difficult legal process that won't give the victim any compensation.
Will the Claim Turn into a Wrongful Death Lawsuit If the Plaintiff Passes Away?
It's important to know what happens to the mesothelioma statute of limitations in a personal injury case when the plaintiff passes away. If they die before they can file the claim, their family members can go on with the suing process to get compensation money for burial expenses and emotional pain.
Wrongful death claims follow the same legal process of filing a complaint, waiting for the defendant to respond, and going to trial. Regardless of that, in this case, the victim's family doesn't only have to prove that they had a personal injury but also that they died because of that.
If the plaintiff dies after they already filed a personal injury claim, the process is different. In these cases, the claims still transition to wrongful death lawsuits, but the family members file a motion with the court to substitute the deceased as the new plaintiff.
Can People File Mesothelioma Claims for Any Asbestos-Related Disease?
Yes; people can file personal injury or wrongful death lawsuits for other asbestos-related diseases apart from mesothelioma. The process to file the suit is practically the same. Their only differences are the evidence the victim will use and the money they may get from the claim.
Regardless of that, most diseases people get from this mineral are expensive and highly dangerous for the victim's overall health. These are a few of the illnesses apart from mesothelioma that people can get due to asbestos exposure:
Lung cancer
Asbestosis
What Can People Do to File a Mesothelioma Claim on Time
Filing a personal injury claim, on a basic basis, shouldn't take much time. However, if the victim decides to sue the other party after a lot of time and wants to go on with the process, there are many things they should do. These are a few of them:
Get Advice from an Experienced Mesothelioma Attorney
Although it seems basic and obvious, a good personal injury lawyer can speed up the whole process a lot compared to an average attorney. Therefore, the first step is to take enough time to hire someone who is experienced in personal injury cases and focuses on the specific practice area the victim needs.
These lawyers know everything they need to know about personal injury claims and the statute of limitations for mesothelioma patients, so they won't have any problem with that. However, the main benefit of hiring them is that, since they've been in other cases before, they know what strategy may work for their client.
Seek Medical Attention
Getting medical attention is not only important for the victim's health but also for their legal strategy. The sooner they get a proper diagnosis, the sooner they can collect evidence and file a lawsuit against the person who exposed them to asbestos.
A good mesothelioma lawyer will ask their victim to check their medical records before filing an asbestos lawsuit. Doing it will let them know how much money they can ask for in the final claim and the arguments they may use depending on the symptoms the patient experiences.
Collect Evidence to Support the Asbestos Claim
Collecting evidence is the most important part of the process. The better the evidence, the faster an experienced mesothelioma lawyer can close up the case. Why? Because the defendant will know if they have a chance of winning the trial depending on the evidence the plaintiff has.
If the defendant knows they are going to lose, they will want to get to a deal as soon as possible. Even if they don't, going to trial with strong evidence is a great opportunity for getting all the compensation the victim needs. Testimonials, documentation of the asbestos exposure, employment history, and medical records are excellent pieces of evidence.
Bottom Line - The Team at Schuerger Shunnarah Trial Attorneys Takes Mesothelioma Claims in Ohio!
Learning the statute of limitations to file wrongful death claims and asbestos lawsuits is the first step to starting the legal process. If the victim knows how everything works, it will be easier for them to go through the process. However, they will still need an experienced lawyer to help them.
The team at Schuerger Shunnarah Trial Attorneys works with former insurance company lawyers. Why is that helpful? Because they will use the strategies they used in their previous jobs to beat their former employers in the case. That gives clients a tactical advantage. This law firm takes cases in Ohio, so victims can contact it today through its website.