When someone has suffered a serious injury or come down with a severe disease, due to actions on the part of someone else, the injured person has the right to seek compensatory damages b filing a lawsuit. The following article takes a look at civil suits pertaining to one specific disease: mesothelioma.
Definition
Mesothelioma is a rare type of cancer that affects the lining of certain internal organs, such as the lungs and heart. The disease is caused by exposure to asbestos, which can occur in several occupations, such as construction work, firefighting, and military service, among others. Unfortunately, the prognosis for mesothelioma patients is often poor. The specific prognosis, however, depends on how far the disease has progressed at the time it's diagnosed.
Anyone who is diagnosed with it should consult a mesothelioma claims lawyer.
Exposure
An individual can be exposed to asbestos and develop mesothelioma in a variety of ways but it's usually job-related. For example, most houses built before 1980 contain some amount of asbestos, so a construction worker involved in demolishing an old house could potentially be exposed.
Asbestos is also found in automobiles, which can result in a risk for mesothelioma for auto workers and mechanics. Second-hand exposure to asbestos is also possible. A worker who has been exposed might bring asbestos oracle home and expose family members. Also, since asbestos occurs naturally, a person can also be exposed by being in an area with natural asbestos deposits.
Civil Suit
Anyone who has come down with mesothelioma can file a civil suit against the responsible party. When a person has passed away due to the disease, family members may file a wrongful death lawsuit.
Because mesothelioma takes many years after exposure to develop, the statute of limitations does not start counting when a person is exposed to the disease, but when the person discovers that they have the disease. Typically, an individual learns that they have mesothelioma when they are diagnosed with the illness by their doctor. Once the disease is diagnosed, the statute of limitations clock will start running. The time an individual has to file after the statute of limitations kicks in depends on the laws of the state where the lawsuit is to be filed.
Legal Theory
Mesothelioma cases can be litigated under three different legal theories: breach of warranty, negligence, and strict product liability. Breach of warranty means that parties violated a commitment, either expressed or implied, that a particular product was safe. Negligence occurs when a defendant was negligent in some way, resulting in harm to the plaintiff. The strict product liability legal concept is the most frequently used theory in these cases, as the plaintiff does not have to prove negligence, only that they were harmed and the harm was caused by the defendant's product.
