Mesothelioma


How Much Time Do I Have to File a Mesothelioma Lawsuit?

Filing a lawsuit generally depends on the statute of limitations, but the primary time period for filing with certain conditions relies on the discovery of the illness based on symptoms or diagnosis by a trained physician. The amount of time left to file for these grave matters connects to the first reasonable determination that mesothelioma is the condition of which the person suffers.

Typical Filing Deadline
When facing a potential lawsuit, the victim will need to file the matter through a lawyer as soon as possible to avoid the statute of limitations passing. However, with mesothelioma suits, this person has up to one to two years from the date of diagnosis from the attending physician. This may increase or decrease based on the state and specific circumstances of the condition. If the affected person is no longer alive and the surviving family needs to file a claim, this changes to a wrongful death claim if there is a responsible party for exposure to asbestos and a need for compensation.

The Rule of Discovery
One of the important aspects of mesothelioma lawsuits and asbestos exposure is that the litigation attached to these matters may have a much longer statute of limitations based on when the person discovers the illness as compared to a reasonable person understanding the symptoms and connected complications. If exposure happens ten years before symptoms start to show, it is at the point when a reasonable person believes he or she is in danger of mesothelioma that the statute of limitations usually starts. However, diagnosis is still important to ensure this is the problem.
Filing Complications
Normal filing of a lawsuit runs through the statute of limitations for the specific injury and the state. However, mesothelioma lawsuits have various complications that may arise to include the discovery rule that could extend this time significantly. With the usual time limit of one to two years for personal injuries from a danger at work or from exposure to hazardous substances because of negligence, the victim would need to know about the injury and seek a diagnosis for treatment. Mesothelioma generally does not provide this ability until years or decades later. By the time the signs show up, the victim may have terminal
cancer.
The Injuries of Mesothelioma
One of the dangers that a lack of early diagnosis leads to for the victim is that of the damage to cellular structure and DNA. The fibers of asbestos can warp and reshape cells. The other injury occurs to DNA what may mutate the internal structure of the body. This usually leads to replication of cells that then become abnormally prolific in the body. With too many cells in the body, masses may form that can have malignant or benign results. With mutated cells and replication from mesothelioma, these masses are usually cancerous. This could harm organs, the mind and respiratory functions.

The time to file the claim for mesothelioma cases still remains the same in the specific state the person lives in even if he or she is receiving treatment and attempting to recover from cancerous injuries. However, the statute of limitations may not begin until the diagnosis, even if this person is already in the final stages of this condition. That could provide relief for the victim of asbestos exposure or help for the surviving family if the victim dies before the claim completes. No matter how long it takes to receive the compensation owed, the exposed person should fight on as long as he or she can.
Special Circumstances
As with some lawsuits, there are certain claims that have special circumstances that could provide for an extended filing for the mesothelioma lawsuit. The individual will need a lawyer to petition the judge for these special circumstances and explain why the lawsuit was not already filed with the corresponding county court. If the judge provides for the extension, both lawyer and client will need to take advantage of it and initiate the claim as soon as possible. If one chance is available, it is critical to take it and seek compensation.
Legal Support for Mesothelioma Cases with Injury
The injured party will need to hire a lawyer to first investigate the claim and then to help file it before the deadline the statute of limitations imposes. If the victim needs time to recovery or is seeking treatment for the injuries from cancer, he or she will need the lawyer throughout the entire process.

Read more on this legal issue
Statute of Limitations Affect on Mesothelioma Cases

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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