It wasn’t until the late 20th century that the Environmental Protection Agency (EPA) officially concluded that exposure to asbestos caused certain serious diseases, including mesothelioma. As a result of this, along with the potentially long period before symptoms appear, many new cases of asbestos-related disease arise every year. At the Throneberry Law Group, we work diligently for you to obtain the resources you need in order to receive the best medical treatment available by filing a mesothelioma lawsuit.
Statute of Limitations
The statute of limitations describes the amount of time an individual has to file a lawsuit. Each state has different laws regarding the statute of limitations as it relates to asbestos-related claims. Generally speaking, the person making the claim (the plaintiff) must file a lawsuit within two years of the diagnosis. If the person exposed to asbestos has died, a wrongful death lawsuit may be initiated by that person’s survivors. In this case, the wrongful death lawsuit must be made within two years of the victim’s date of death. Again, each state has different statute of limitations so speaking with an attorney is necessary to determine if you are within the statute of limitations to file a mesothelioma lawsuit.
In order to prove a mesothelioma case, there are several items that must be documented, including, but not limited, to:
The victim’s past employment history;
The victim’s medical history and reports;
The medical expenses related to the illness;
The asbestos in the workplace;
A list of activities the victim can no longer do as a result of the illness; and
Disabilities the victim now has due to the illness.
It is important to locate and provide as much of this information as possible. The more thorough the documentation, the better chance of success you will have.