Asbestos exposure can result in serious illnesses such as mesothelioma, lung cancer, and asbestosis. If you or a loved one has developed an asbestos-related illness, you may be eligible to file a lawsuit. This page explains your legal options for pursuing compensation and how a skilled asbestos attorney can help.
Navigate This Page
- What Is Asbestos and How Does Exposure Lead to Illness?
- Legal Options for Asbestos Exposure Victims
- The Asbestos Lawsuit Process
- Statute of Limitations for Asbestos Exposure Claims
- What Evidence Do You Need for an Asbestos Exposure Case?
- Who Can Be Held Liable for Asbestos Exposure?
- Diseases Caused by Asbestos and Eligible for Claims
- How Is Compensation Determined in Asbestos Cases?
- Mass Torts, Class Actions, and Asbestos Bankruptcy Trusts
- How Sieben Polk P.A. Can Help You Get the Compensation You Deserve
- Related Readings:
What Is Asbestos and How Does Exposure Lead to Illness?
Asbestos is a naturally occurring mineral fiber known for its heat resistance and durability. It was widely used in construction and manufacturing, but exposure to asbestos fibers can cause serious respiratory illnesses. These fibers, when inhaled, can lodge in the lungs and cause inflammation, scarring, and long-term damage, leading to diseases such as:
- Mesothelioma
- Asbestosis
- Lung cancer
- Ovarian and laryngeal cancers
If diagnosed with an asbestos-related illness, victims may be entitled to compensation, especially if the source of exposure is identified.
Legal Options for Asbestos Exposure Victims
If you’ve developed an asbestos-related illness, you may have legal options. Victims or their families can pursue a personal injury or wrongful death lawsuit.
- Personal Injury Lawsuit: If you’ve developed an asbestos-related disease, you can seek compensation for your medical expenses, lost wages, pain, suffering, and future care.
- Wrongful Death Lawsuit: If a loved one has died from an asbestos-related disease, family members can file a wrongful death lawsuit for damages such as funeral expenses and lost financial support.
The Asbestos Lawsuit Process
Initial Consultation and Case Evaluation
The first step in pursuing an asbestos lawsuit is to contact an experienced attorney who will evaluate your case. The lawyer will assess your exposure history, medical records, and potential defendants.
Filing a Lawsuit
Once you decide to proceed, your attorney will gather evidence, file a complaint, and enter the discovery phase, where both sides exchange information.
Settlement or Trial
Most cases settle before reaching trial, but if a fair settlement is not offered, your attorney will take your case to court. A judge or jury will then determine the compensation amount.
Statute of Limitations for Asbestos Exposure Claims
Asbestos exposure claims are subject to statutes of limitations, which vary by state. In Minnesota, the statute of limitations for:
- Personal Injury: Six years from the date of discovery (Minn. Stat. § 541.05)
- Defective Product: Four years from the date of injury (Minn. Stat. § 541.05)
- Wrongful Death: Three years from the date of death or when the cause of death is linked to asbestos exposure (Minn. Stat. § 573.02)
It’s important to act quickly and consult an attorney as soon as you suspect you have been exposed to asbestos.
What Evidence Do You Need for an Asbestos Exposure Case?
To build a strong case, you’ll need to show proof of:
- Medical Diagnosis: Documents showing that you have been diagnosed with an illness related to asbestos exposure (e.g., pathology reports, medical imaging).
- Exposure History: Evidence that shows where and how the exposure occurred, including employment records, witness testimony, and internal documents about asbestos use at your workplace.
Who Can Be Held Liable for Asbestos Exposure?
There are several parties that could be held responsible for your asbestos-related illness:
- Employers: Employers are responsible for providing a safe work environment. If they failed to protect employees from asbestos exposure, they may be liable.
- Manufacturers of Asbestos Products: Companies that produced or sold asbestos-containing products can be held liable if they failed to warn consumers about the risks.
- Mining Companies: Companies that mined asbestos may be liable if their safety measures were inadequate.
- Property Owners: If a property owner failed to protect others from asbestos exposure, they may be liable.
Diseases Caused by Asbestos and Eligible for Claims
Asbestos exposure is linked to several serious diseases. If you have been diagnosed with any of these conditions, you may be eligible to file a claim:
- Mesothelioma
- Lung cancer
- Ovarian cancer
- Laryngeal cancer
- Asbestosis
- Pleural thickening, effusion, or plaques
Other illnesses, such as pharyngeal, stomach, or colon cancers, may also be linked to asbestos exposure in some cases.
How Is Compensation Determined in Asbestos Cases?
Compensation in asbestos exposure claims may include:
- Medical Expenses: Past and future costs for diagnosis and treatment.
- Lost Wages: Compensation for lost income due to the illness.
- Pain and Suffering: Damages for the physical and emotional toll of the disease.
- Wrongful Death: Funeral costs and lost financial support for the family.
Mass Torts, Class Actions, and Asbestos Bankruptcy Trusts
Victims of asbestos exposure may join mass tort lawsuits, where individual claims are handled separately, or a class-action lawsuit, where one representative plaintiff represents a larger group.
In cases where the responsible company has filed for bankruptcy, victims may be able to access compensation through an asbestos bankruptcy trust.
How Sieben Polk P.A. Can Help You Get the Compensation You Deserve
Sieben Polk P.A. has recovered over $840 million for clients in asbestos and mesothelioma cases. Our experienced legal team is ready to help you seek compensation for your asbestos-related illness. Contact us today for a free consultation at (651) 437-3148.
