How much Time do you have to file a Mesothelioma Lawsuit?
Mesothelioma, a certain kind of cancer which affects a thin layer of tissue (called mesothelium) that covers most internal organs, has no known cure. It is caused by exposure to asbestos for a long period of time (mostly over 40 years). Mesothelioma also causes suffering, severe pain, loss of consortium, and also the loss of income. Its treatment is very expensive, and therefore, many families may even have to dig into their savings to facilitate this.
In the state of New Jersey, the job is the commonest place where most people are exposed to asbestos. New Jersey is an economic powerhouse given its long chains of industries. It is also, however, notorious for asbestos use, exposure and illnesses. It is ranked in the top ten in all the 50 states of the US for the most asbestos-related deaths.
Like most other states, New Jersey has laws which umbrella Mesothelioma victims to get compensation for their pain and suffering. These laws define asbestos and the agencies to enforce asbestos laws, when an asbestos claim is filed and what a plaintiff must prove in that lawsuit.
According to Cohen, Placitella, and Roth, the process of filing a Mesothelioma lawsuit is very engaging and cumbersome. They also add that a mesothelioma victim certainly needs representation from a firm with the knowledge and skill to adequately investigate your case.
Statute of Limitations
The statute of limitation for personal injury in the state of New Jersey is two years. This usually commences from the date of the injury. This sort of timeframe, however, is very problematic in cases pertaining to Mesothelioma as symptoms take decades before they begin to manifest.
New Jersey, therefore, uses a ‘discovery rule‘, which actually delays the statute of limitation from running, until the individual is diagnosed with Mesothelioma. In the event of losing a family member from Mesothelioma, the statute of limitation still holds for the filing of a lawsuit by the deceased’s surviving family members.
The Legal Process
For you (the plaintiff) to win a Mesothelioma case, you must be able to prove that the defendant’s product was a monumental factor in your developing the disease. In simpler terms, you must be able to provide evidence to show:
- That you were regularly or frequently exposed to the product adversely mentioned.
- The linking of the exposure to your condition.
Asbestos-related lawsuits are not a walk in the park. You need to seek the assistance of an experienced attorney through the entire procedure from the start to the halt.
Importance of getting a Mesothelioma Attorney
I am emphasizing that you should get a Mesothelioma Attorney due to the following reasons;
- An attorney will assist you to determine whether you have a mesothelioma case or not.
- An attorney upholds and promotes your rights to file a legal lawsuit against the responsible parties in time (within the statute of limitations)
- The attorney will assist you to get maximum compensation
- An attorney will expedite your cases. This is because of the fact that courts give this type of cases a higher priority when the claimant still lives.
The time frame for filing a Mesothelioma lawsuit is very brief and requires you to promptly bring on board the services of an experienced asbestos attorney. Getting a reputable lawyer will guarantee you guidance through the whole process and eventually getting the compensation damages you deserve.