Given the devastating effects of asbestos exposure, a common question that people who have suffered exposure ask is, “Is it possible to file a lawsuit before becoming ill?” While such concerns are understandable, the legal system cannot allow you to sue for asbestos exposure before you become sick. It is a legal requirement for anyone suing for asbestos exposure to have gotten an asbestos-related disease diagnosis and suffered damages, such as medical expenses, pain and suffering, and lost income.
Why Must a Diagnosis Come First?
As stated already, only people who have been diagnosed with an asbestos-related disease are allowed to file an asbestos-exposure lawsuit. But why is this the case, yet asbestos is known to cause several serious illnesses, including mesothelioma and lung cancer?
In the United States, personal injury claims, including asbestos-related claims, require proof of actual harm and measurable damages. This means you are barred from suing for asbestos exposure without being sick because you still haven’t suffered any harm or damages. You cannot file a claim simply because you were exposed. Until you receive a diagnosis, the courts consider your claim speculative and premature. Remember, while asbestos exposure is dangerous and can cause various illnesses, not everyone who is exposed to this substance ends up developing a disease. That is why the legal system requires confirmation of disease and related damages, such as medical expenses, pain and suffering, and lost wages, before allowing an asbestos exposure case to proceed.
Steps to Take to Protect Your Rights
While you cannot sue for asbestos exposure without being sick, it does not mean that you cannot do anything if you believe you have been exposed. You can and should take steps to protect your health and legal rights in the future, especially if you end up getting diagnosed with an asbestos-related illness.
1. Document Your Exposure History
Many times, claimants in asbestos-related claims do not remember some or all sources of exposure. Ensure you keep a detailed record of when and where your exposure happened. List buildings or any environments where asbestos might have been present. If possible, include the names of the materials or products that may have contained asbestos. This information will be invaluable if you file a claim. It can help you establish liability, a legal requirement that must be established before a defendant can be required to compensate a claimant.
2. Monitor Your Health
Consistently monitor yourself for symptoms of an asbestos-related illness. See a doctor immediately if you notice any worrying signs, such as persistent cough, chest pain, fatigue, shortness of breath, and unexplained weight loss.
3. Talk to an Attorney
Even if you haven’t been diagnosed with an asbestos-related illness, consider talking to an attorney who deals with asbestos-related cases. An attorney can guide you on what to look out for, how to gather evidence, and how state-specific laws, such as the statute of limitations, might apply to your case once a diagnosis is made. Reaching out to a lawyer early ensures you are prepared if your situation changes in the future.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you live a more comfortable life.
