One thing you should be aware of when it comes to filing mesothelioma claims is the statutory limits of your state. Being conversant with such limits plays a huge role in successful resolution of your case. In cases covering personal injury such as the car wreck or dog bite, there is a strict timeline in which you can file compensation. This is because the injury-causing event is openly defined. In typical statutory limits, one or two years might not be accepted in cases relating to asbestos exposure due to the long incubation period. Because of such factors, courts have set up statute of limitations used for filing asbestos exposure cases.
Applying the “discovery rule” to your case
Changes were made on how to calculate statute back in the 1970s with the time period slated when the effects of exposure started manifesting themselves. Over the years there have been significant changes and today you will still get compensation for pain and suffering caused by environmental exposure to asbestos.
How can you know you have a solid case?
To evaluate whether you have a solid case, you first need to understand a few things relating to asbestos.
The time of exposure
It might take up to 50years for mesothelioma to manifest itself in a diagnosable symptom. With such an incubation period, it’s extremely difficult to establish a link between a cancer diagnosis today and environmental exposure decades ago.
Establishing the source
Plaintiffs need to do more than make allegation on a long-ago exposure to asbestors.Its important for them to show that there are workplace safety that led to the defendants getting exposed and which are directly linked to the present condition. In such cases its easier for the attorney to argue that the clients decreased life span was attributed to such lapses. Your attorney might also go ahead and request for a payroll and income tax information from the years in question to establish a solid case against the defendant. From the environmental reports of asbestos use as well as its removal in buildings, a legal team is able to create a credible timeline of the environmental exposure.
Diagnostics test and medical records
For most instances, your attorney will need you to a sign a release which can be used as evidence for mesothelioma diagnosis. You might also undergo biopsies or other surgical procedures which will later become part of the court record.
Who can file a lawsuit?
Anyone exposed to asbestos need to seek help from any mesothelioma law firm who will guide them on what is required in filing their case. Even though a lawsuit might be required, it’s necessary to have a professional attorney take you through the entire legal process. The attorney will access the basic facts of your exposure and assemble the potential witnesses, evidence and determine the court to file at. A written complaint will be issued in most cases and a time frame of about 30 days set in order for them to respond. This process ensures that you have a faster and open legal representation possible.