While environmental responsibility has been a concern for hundreds of years, it was not until the 1970s that the Environmental Protection Agency (EPA) was created to make sure that exposure to various hazardous chemicals, including asbestos, was limited.
Due to the delay in creating regulations that dealt with hazardous materials, a number of asbestos-related conditions occur each year. If you or a loved one has been impacted as a result of mesothelioma or the diagnosis of a similar condition, you should not hesitate to speak with an experienced attorney.
Important Details about the Statute of Limitations
The statute of limitations refers to the amount of time a person has to initiate a lawsuit. Each state has created different regulations concerning the amount of time in which a person must initiate an asbestos-related claim, but this period tends to be two years.
If a person has died as a result of exposure to asbestos, a wrongful death lawsuit can be initiated by the survivors of the deceased individual. In these situations, a wrongful death lawsuit must also be initiated within a two-year period.
Details Involved with a Mesothelioma Case
One of the most complex issues in many mesothelioma cases is demonstrating that exposure to asbestos resulted in a deadly diagnosis. Some of the different types of evidence used in these situations include:
- Description of the activities a person can no longer perform due to an illness
- Details about the costs associated with an illness
- A list of disabilities that a victim now has a result of an illness
- The victim's medical history as well as reports
- The victim's previous employment history
The Litigation Process for Mesothelioma Victims
Before proceeding to court, it is common for both sides to attempt to settle a case. If a settlement is reached, the responsible party will pay the mesothelioma victims, and no formal legal proceedings will be required. In situations where a settlement cannot be reached, a victim will initiate a complaint.
Even during formal proceedings, however, a settlement can still be obtained any time before a lawsuit is reached. After a settlement is initiated, both sides will begin the discovery process, which involves the collection of evidence used to strengthen each side's case.
While victims can often expect to have a number of questions asked about their professional and private lives, the party who is alleged to be responsible for the accident will be asked a number of complex details about exposure to the condition. After the discovery period has ended, a trial will be held.
During a trial, both sides will be tasked with presenting evidence, as well as questioning witnesses about how exposure occurred. A jury will then determine whether the alleged at-fault party should be responsible and, if necessary, the result of compensation that should be awarded.
Speak with an Experienced Mesothelioma Attorney
If you have been impacted by an asbestos-related condition, the Throneberry Law Group will remain committed to fighting for the compensation you deserve.