Mesothelioma is unlike any other disease. That is to say, it is hard to pinpoint when the symptoms will manifest. In most instances, symptoms do not manifest until many years later. What is of significance, however, is that you should seek an Asbestos Settlement if you have been exposed to the carcinogen. As evident, mesothelioma occurs when asbestos particles lodge in the outer lung tissue known as the mesothelium. The mesothelium allows for the lubrication of the chest cavity. Cancer exhibits when these cells are invaded.
So what is the Statute of Limitations for an Asbestos Settlement? Note, though different states will have different timeframes, the relevant point is this: Time does not begin to accrue until you have been diagnosed with the disease. Take for example, John Smith worked for XYZ Company for 10 years, further imagine that he found out 5 years after retirement that he has developed mesothelioma from his constant exposure to asbestos while working for XYZ. What is of relevance in seeking an Asbestos Settlement is ‘when’ his doctor actually told him that he has developed mesothelioma.
In seeking your Asbestos Settlement, your attorney will place emphasis on the fact that employers were aware of the dangers posed by asbestos. Furthermore, your lawyer will make clear to the court that employers did nothing to correct the dangerous health conditions that their employees worked in. Also, bear in mind that researchers, physicians and doctors have long ago established a link between asbestos and mesothelioma. It is a fact that is known. Most regulatory and research agencies have also pronounced asbestos a known carcinogen, these agencies include the U.S. Department Of Health and Human Services , the Environmental Protection Agency and the International Agency for Research on Cancer. This is more than sufficient grounds to seek an Asbestos Settlement. Not only is it sufficient grounds, with these acknowledgements, your Asbestos Settlement will commence on solid grounds.
As relevant to the Statute of Limitations, it is advised that you contact an attorney right after your initial diagnosis. Keep in mind, the issue of Statute of Limitations presents in almost one out every 10 cases, and note, the courts have acknowledged that it is a disease that is slow to manifest.
In Locke v. Johns-Manville Corp the court reasoned “Simply put, legally and medically there was no injury upon inhalation of defendants’ asbestos fibers…The cause of action accrued and the statute of limitations began to run from the time plaintiff was hurt.” Locke v. Johns-Manville Corp., 275 S.E.2d 900 (Va. 1981).
In point, the courts recognize that mesothelioma will not immediately manifest after your initial exposure to asbestos. Generally, where there is mesothelioma there must have been an exposure to asbestos. In this instance, an Asbestos Settlement will allow for the recovery of compensatory damages. Every attorney’s goal is to maximize compensatory damages.
The grounds upon which you seek an Asbestos Settlement will be based on the following:
- Asbestos manufactures were aware of the risks posed by asbestos and nevertheless knowingly continue to put men and women at risk.
- The treatment of mesothelioma is very expensive.
Mesothelioma affects workers and their families as a whole. Explicitly, if you are the only bread winner in your family, an Asbestos Settlement will help make up for your loss of pay and services. Not to mention, you are entitled to it as you were negligently exposed to asbestos. It is your employers’ duty to provide safe working conditions. Also, an Asbestos Settlement will allow for the paying of medical expenses, in addition, it will allow for the special care mesothelioma calls for. Overall, the end goal of every asbestos litigation attorney goes right back to that of the Asbestos Settlement. An Asbestos Settlement is more than a settlement. An Asbestos Settlement is a remedy for your exposure to the carcinogen. In general, by seeking an Asbestos Settlement, you exercise your legal rights.
