The Battle Against Mesothelioma Continues…
It’s no secret that mesothelioma is a deadly cancer caused by asbestos exposure. However, what many people don’t know is that it can take years or even decades for the disease to develop. As such, mesothelioma victims and their families often face challenging legal battles when trying to seek justice for their suffering.
In the United States, mesothelioma lawsuits are subject to a statute of limitations – a time limit within which legal action must be taken. Unfortunately, the nature of mesothelioma means that many victims are unable to file a lawsuit before the statute of limitations runs out.
But there is hope. In recent years, mesothelioma victims and their advocates have been fighting back against these challenges, pushing for changes to the legal system and achieving some significant victories in the process.
In this article, we’ll explore the challenges that mesothelioma victims face in regards to the statute of limitations, the progress that has been made in recent years, and what more needs to be done to ensure justice for all.
A Brief Overview of Mesothelioma
Mesothelioma is a cancer that affects the thin layer of tissue that covers many of the internal organs in the body, known as the mesothelium. It is caused by exposure to asbestos – a naturally occurring mineral that was widely used in the construction and manufacturing industries throughout the 20th century.
When asbestos fibers are inhaled or ingested, they can become lodged in the mesothelium and cause damage over time. This damage can lead to the development of mesothelioma, as well as other serious illnesses such as lung cancer, asbestosis, and pleural plaques.
Unfortunately, the symptoms of mesothelioma often do not appear until decades after exposure to asbestos, making it a difficult disease to diagnose and treat. As such, many mesothelioma victims are unable to file a lawsuit within the statute of limitations.
The Statute of Limitations and Mesothelioma
In the United States, the statute of limitations for mesothelioma lawsuits varies from state to state, but typically ranges from 1-5 years from the time of diagnosis or discovery of the disease. This means that mesothelioma victims must file a lawsuit within this timeframe or risk losing their legal right to seek compensation.
For many mesothelioma victims and their families, this can be an incredibly difficult task. As mentioned, the nature of mesothelioma means that it can take decades for the disease to develop, and the symptoms can be easily mistaken for other illnesses. As such, many victims are not diagnosed until it is too late to file a lawsuit within the statute of limitations.
Additionally, the companies responsible for exposing people to asbestos often go out of business or file for bankruptcy, making it difficult to hold them accountable for their actions.
Recent Progress and Challenges
Despite these challenges, mesothelioma victims and their advocates have achieved some significant victories in recent years. For example:
| Year | Event |
|---|---|
| 2016 | The New York Court of Appeals rules that the statute of limitations for mesothelioma should be calculated from the time of exposure, rather than the time of diagnosis. |
| 2019 | The Pennsylvania Supreme Court rules that the Fair Share Act should not be applied in cases involving mesothelioma, ensuring that victims can receive full compensation from each defendant. |
| 2021 | The U.S. Supreme Court declines to hear an appeal from Johnson & Johnson, allowing a $2.1 billion verdict against the company to stand in a case involving talcum powder products contaminated with asbestos. |
However, there is still much work to be done. Mesothelioma victims and their advocates are still pushing for changes to the legal system to ensure that everyone affected by this deadly disease can seek justice, regardless of their circumstances.
FAQs
What is the statute of limitations for mesothelioma lawsuits?
The statute of limitations for mesothelioma lawsuits varies from state to state, but typically ranges from 1-5 years from the time of diagnosis or discovery of the disease.
What happens if the statute of limitations runs out?
If the statute of limitations runs out, the affected person loses their legal right to seek compensation for their suffering.
What if the company responsible for asbestos exposure is no longer in business?
While it can be more difficult to hold companies accountable if they have gone out of business or filed for bankruptcy, it is still possible to seek compensation through bankruptcy trusts that have been set up for this purpose.
Can family members of mesothelioma victims file a lawsuit?
Yes, family members of mesothelioma victims can file a lawsuit on behalf of their loved one if they have passed away or are unable to do so themselves.
What kind of compensation can mesothelioma victims receive?
Mesothelioma victims can receive compensation for medical expenses, lost wages, pain and suffering, and other damages related to their illness.
The Fair Share Act is a Pennsylvania law that limits the liability of each defendant in a lawsuit based on their percentage of fault. This law can make it more difficult for mesothelioma victims to receive full compensation from each defendant.
What can be done to improve the legal system for mesothelioma victims?
Mesothelioma victims and their advocates are pushing for changes to the legal system, such as longer statute of limitations, improved bankruptcy trust transparency, and greater accountability for companies that exposed people to asbestos.
What should I do if I or a loved one has been diagnosed with mesothelioma?
If you or a loved one has been diagnosed with mesothelioma, it is important to speak with a qualified mesothelioma attorney as soon as possible to understand your legal rights and options.
How can I find a mesothelioma attorney?
You can find a mesothelioma attorney by searching online, asking for recommendations from friends and family, or contacting a mesothelioma advocacy group for assistance.
Is there financial assistance available for mesothelioma victims?
Yes, there are several financial assistance programs available for mesothelioma victims, including workers’ compensation, Social Security Disability benefits, and VA benefits for veterans.
What is asbestos?
Asbestos is a naturally occurring mineral that was widely used in the construction and manufacturing industries throughout the 20th century. It is now known to be a carcinogen that can cause serious illnesses such as mesothelioma, lung cancer, and asbestosis.
What are the symptoms of mesothelioma?
The symptoms of mesothelioma can include shortness of breath, chest pain, coughing, fatigue, weight loss, and other respiratory issues.
Can mesothelioma be cured?
While there is currently no cure for mesothelioma, there are treatments available that can help manage symptoms and improve quality of life, such as chemotherapy, radiation therapy, and surgery.
What is the survival rate for mesothelioma?
The survival rate for mesothelioma is generally poor, with most patients living for 12-21 months after diagnosis.
Conclusion: Fighting for Justice Against Mesothelioma Challenges
As we have seen, mesothelioma victims and their families face many challenges when seeking justice for their suffering. However, through advocacy and legal action, progress is being made in the fight against mesothelioma.
It is important that we continue to push for changes to the legal system and greater accountability for companies that exposed people to asbestos. Mesothelioma victims and their loved ones deserve justice and compensation for the harm they have suffered.
< p>If you or a loved one has been diagnosed with mesothelioma, it is important to take action as soon as possible to protect your legal rights and seek the compensation you deserve. Contact a qualified mesothelioma attorney today for assistance.
Closing/Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. It is not intended to create an attorney-client relationship or substitute for the advice of an attorney. If you or a loved one has been diagnosed with mesothelioma, it is important to speak with a qualified attorney to understand your legal rights and options.
