Mesothelioma Lawsuit After Death
For those who have been exposed to asbestos, developed mesothelioma and who have died, their relatives have the right to go to court. It is not uncommon for someone to start a lawsuit but die before a settlement or verdict has been reached. In this case, it is their relatives who will take care of the case. Similarly, families should be able to sue for wrongful death even if their deceased parent has not yet initiated proceedings for asbestos exposure.However, it is essential that a case of unjustified death of mesothelioma be classified as soon as possible. Although the limitation periods vary, it is generally necessary for a lawsuit to be brought within two years, knowing that the death of the loved one is the consequence of exposure to asbestos. Each state has its own laws and statutes in place, which you will need to investigate.
Limitation status
Asbestos cases are extremely complex. One of the main reasons for this is that the latency period of asbestos-related diseases, such as mesothelioma, is incredibly long and exceeds an average of 40 years. Generally, the limitation period for liability claims by the manufacturer and in case of wrongful death begins on the day of the product's exposure. Due to the latency period, however, this does not apply to asbestos cases. Moreover, as the proceedings only started in the late 1960s, special arrangements had to be made.A limitation period sets the deadline for claimants before they can continue to sue for mesothelioma cancer. Each state has its own statutes and each type of claim has a different status. In fact, the type of claim is usually the most important thing that determines the duration of the law. For those who go beyond this law, their claims will be excluded.
Why Prescription Laws Are Difficult to Apply to Asbestos Claims
In most court cases, the application of a limitation period is very simple. This is a form of personal injury claim and, in most other cases, the law begins to apply as soon as the injury is sustained. With asbestos, however, it's impossible because of this long latency period. In addition, asbestos-related diseases are generally caused by long and significant exposure to asbestos, and not by a single event that can be traced.It must also be taken into account that the development of the disease takes a long time and that its diagnosis can last even longer. As such, if product liability or bodily injury laws were applied to such cases, they would be prohibited long before they even began to develop symptoms. Fortunately, the legal system of all states understands this, and there are exceptions for asbestos claims, including after death.
The "rule of discovery" of asbestos
In cases of normal bodily injury, the limitation period begins to run from the moment of the injury. However, a historical case of asbestos occurred in 1973, it was Borel v. Fiberboard Paper Prods. Corp., in which it was determined that the rule of discovery was not applicable to asbestos cases.In that case, Mr. Borel was exposed to asbestos between 1936 and 1969, from various products of different manufacturers. He underwent lung biopsy in 1969 and was diagnosed with asbestosis. He sued some of the manufacturers with whom he had come in contact, while becoming more and more sick. In 1970, he had a lung removed. The defendants claimed that the statute of limitations was two years in the state of Texas, where it had been filed, and that it was therefore necessary to circumvent it, citing the fact that Mr. Borel had begun to become ill. at the time. Fortunately, the US Court of Appeals recognized that the application of the discovery rule in an asbestos case was unfair. As a result, it was agreed that, in the case of asbestos, the limitation period begins to apply as soon as "the effects of this exposure become evident".
The Borel case was a historic affair. This was the first time manufacturers were held responsible for injuries resulting from asbestos exposure. Secondly, it changed the rules in terms of discovery rule, specifically with regard to asbestos cases. However, this does not mean that there is no statute of limitation for asbestos cases. As a rule, the status is between 12 and 24 months from the date of diagnosis of an asbestos-related disease. Although families may sue on behalf of their deceased parents, the same limitation period applies to them. The additional difficulty is that some states, in these cases, set a limitation period of one to two years from the diagnosis, while others set it to one to two years of death. It is therefore essential that you consult a lawyer as soon as possible to determine if you have a cause to defend in your state.
What to expect from a mesothelioma death settlement
Many people who are considering filing a lawsuit for unjustified death in a mesothelioma situation wonder if it will be worth it. There have been regulations that have reached millions of dollars. However, it is almost impossible to estimate the amount of the claims. The judge will examine the diagnosis, the medical history, the complaint that has been filed, whether he is a smoker or not, the companies he has prosecuted, if there is evidence of negligence, etc.Almost all cases of mesothelioma death are settled out of court. If they go to trial, the sentences can be quite significant. However, settlements are usually private and closed, which means that others will not know how much has actually been paid. However, it is usually an allowance for mental and physical distress, medical expenses, lost bills and wages. However, Mealey's litigation report indicates that the average compensation in mesothelioma cases being sued is $ 2.4 million. In cases where a settlement is reached, they estimate that the value of the settlement is between $ 1 million and $ 1.4 million and that amount is generally paid by several defendants. That said, there are no two identical cases, so they are only estimates.