The diagnosis of asbestos-related disease like mesothelioma or another form of lung cancer can come as a huge shock – especially since it may have been many years since you were last exposed to asbestos.
While it’s difficult to think about a lawsuit when you’re sick, compensation for your injuries can help you pay for medical care, living expenses and more. It may also provide additional support for your family if you’re unable to keep working because of your disease.
The first thing that has to happen is to figure out the source
You can’t file a lawsuit until you know who the plaintiff or plaintiffs will be. Once you’ve been diagnosed with an asbestos-related disease, you have to look back and determine where and when you were exposed to the substance.
Fortunately, the courts have long recognized that lung diseases can take decades to manifest in the victims who were exposed to asbestosis while working in construction, on a shipyard, in a manufacturing plant or a dozen other occupations.
In many cases, people can point to their work records to show that they were exposed while working. Their work history is often used to also show that they had sufficient exposure over time to cause the disease.
Typically, fault in an asbestos case is based around one of three legal theories:
- Breach of warranty: The supplier of an asbestos product gave either express or implied assurances that the product was safe, which you relied upon to your detriment.
- Negligence: An employer or supplier had a legal duty toward your safety, and they failed to take reasonable steps to protect you from injury.
- Strict liability: A commercial supplier breached their duty to supply a safe product – whether they were conscious of the danger or not.
Because of the timelines involved and the complexity of asbestos-related injury claims in general, all of these cases can benefit from experienced legal guidance. Exactly what it will take to make a successful claim can vary significantly from situation to situation.