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  • Writer's pictureRobert Schuerger II

What Is the Mesothelioma Statute of Limitations in Indiana?

Mesothelioma is a rare disease, so not many people know about it until they or a loved one suffers from it. Hence, they don't know what they can do when they develop the disease. Mesothelioma is a form of cancer that damages the lining of the patient's lungs or abdomen.

Why is this legally relevant? Because people can develop mesothelioma due to the negligence of another person. Asbestos exposure is one of the main causes of this disease, so it's easy to put others in danger when the people in charge of managing this mineral don't take proper safety measures.

Although not many people know it, people can file a mesothelioma lawsuit if they get the disease from negligent asbestos exposure. They can use the compensation they receive from the claim to cover medical expenses, lost wages, and other damages. The treatment used to recover from mesothelioma is often expensive.

There are specific restrictions to the time people have to start an asbestos litigation process. This deadline is called the statute of limitations. When people go over this time limit, they are legally unable to get compensation through a claim. This blog post has all the information people need on the matter.

How Do People Get Asbestos Exposure?

How Do People Get Asbestos Exposure?

One of the most dangerous things about mesothelioma is that getting it is easier than many people think. There are many causes of asbestos exposure in the world due to all the uses the mineral has in general.

People can, for example, get mesothelioma if they work in a construction site or a shipyard. The same happens if they need to use asbestos-containing products to work.

When someone lives near an asbestos mine or factory, they are also prone to developing mesothelioma or other asbestos-related diseases. Workers exposed to the mineral can also expose the people living with them to it.

The examples mentioned before don't mean that everyone under those circumstances will get mesothelioma. It means that they are in danger of toxic asbestos exposure if the people in charge of controlling and managing the mineral fail to take safety measures.

Does This Affect the Asbestos Litigation Process or Statute of Limitations?

People can file asbestos lawsuits as long as they get exposed to it due to the negligence of another party. That being said, the source of the exposure directly affects how the litigation process goes, the legal strategy the lawyer tries, and the evidence the victim can use for the trial. The statute of limitations will most likely stay the same, though.

If the victim gets mesothelioma due to workplace exposure, they may try a workers' compensation approach. Someone who got the disease after using asbestos-based products could go for a product liability claim. Even victims of secondary exposure can file a regular personal injury lawsuit against the person who exposed them to the mineral.

Identifying the cause of the asbestos exposure is essential to understand who the victim can sue to get compensation. Asbestos lawsuits are not even always against people. Product liability lawsuits often go against companies, and environmental exposure cases can have government entities as defendants. It's important to check if the statute of limitations changes depending on who the plaintiff sues.

A qualified mesothelioma lawyer will know the steps to take to discover the source of the disease as soon as possible. However, it's often difficult for people to notice they developed this disease until it's too late. That will be a problem since it can make them go over the statute of limitations. These are a few of the symptoms mesothelioma patients can experience:

  • Shortness of breath

  • Chest pain

  • Persistent cough

  • Abdominal swelling

  • Weight loss

  • Fatigue

Victims should keep track of all their symptoms. That won't change the statute of limitations, but it can help them ask for more money in the claim.

Can People File a Lawsuit for Any Asbestos-Related Disease?

Yes, they can. Although this blog post is about mesothelioma, the truth is people can get financial compensation if they develop another asbestos-related disease. People can file a lawsuit for this, of course, as long as they get the illness due to the negligence of another party.

Here are a few examples of the health problems people can get due to toxic asbestos exposure:

The severity and complexity of the asbestos-related disease the victim suffers from will determine how much money they can get in compensation. Recovering from these illnesses is often expensive, so asbestos claims tend to be costly, too. This doesn't affect the statute of limitations period.

All the details of the illness need to be in the initial complaint, though. The victim can't file a proper mesothelioma claim if they don't have a mesothelioma diagnosis yet. It also happens with any other asbestos-related disease.

What Is the Statute of Limitations for Mesothelioma in Indiana?

The statute of limitations for mesothelioma claims in Indiana is generally two years. Although there are a few exceptions to this, this applies to victims suffering from other illnesses too.

One of these exceptions is the age of the plaintiff when they discover the disease. If they are underaged, the statute of limitations will be paused until the victim is legally an adult. The same happens when the person suing is mentally incapacitated since they have to wait until a professional states they can go through the legal process to file an asbestos lawsuit.

If the victim dies due to the disease before they can find a mesothelioma lawyer, their family members can file a wrongful death lawsuit on their behalf. The compensation money will cover burial expenses, lost wages, and non-economic damages such as emotional distress and pain. In this case, the statute of limitations stays the same.

Wrongful death lawsuits, unfortunately, are common among asbestos victims. This disease is rare and difficult to notice, so victims often let it progress until it's too late. Even if they don't die, people often go over the statute of limitations because they didn't know they were sick. For more information, a mesothelioma law firm in Indianapolis may be able to help.

How Can Lawyers Help People Looking Forward to Filing a Mesothelioma Lawsuit?

How Can Lawyers Help People Looking Forward to Filing a Mesothelioma Lawsuit?

After they discover they suffer from the disease and get medical attention, asbestos victims need to find a decent mesothelioma attorney to take the case. Lawyers can help people in many other ways apart from just going to trial. They have more insight on a construction accident statute of limitations in Indiana as well.

In regular personal injury lawsuits and wrongful death claims, the money the victim receives directly depends on what their attorney does. These are a few of the things an asbestos lawyer can do for a victim when they take their case:

Build a Strong Legal Strategy

Filing asbestos lawsuits and staying within the statute of limitations is something many attorneys can do. What sets a good lawyer apart from a regular one is the strategy they build to get the victim as much money as they can. They can also assist with a pedestrian accident statute of limitations in Indiana.

There are many ways to prove someone suffers from a personal injury, but even if a lawyer wins the case, it will be useless if they don't get enough money for the victim. An experienced lawyer will know what evidence may work best for the case, where to get it, and what to tell the other party.

Collect Evidence

Collecting evidence is a key part of filing a personal injury claim. The pieces of evidence the victim can use in the trial depend on many factors such as the cause of the disease and who they are suing. Medical records are essential for these cases because they prove the victim actually has the disease and how they may have gotten it.

The victim's employment history, witness testimony, and documentation of asbestos exposure can also support the case. The statute of limitations is more than enough time to get everything lawyers need to build a strong case.

Negotiate/Go to Trial

There are two ways of getting a settlement for an asbestos claim; the victim can either get to an agreement with the defendant or win the case. If they choose the former, their lawyer will need to tell them which deals are fair and the arguments they have to get what they want.

When someone settles personal injury lawsuits or wrongful death suits through a negotiation, they will almost always get less money than what they asked in the first place. However, it's up to the lawyer representing them to get enough compensation for all the expenses they need to cover.

This could be a lengthy process, but the mesothelioma statute of limitations only applies to the time people have to start a legal action. If the victim can't get to an agreement with the other party, they can always go to trial. This means risking it all but also receiving all the money they asked for in the complaint if they win the case.

Final Thoughts - Seek Justice with Schuerger Shunnarah Trial Attorneys

Personal injury lawyers will tell the victim everything they need to know about how to stay within the mesothelioma statute of limitations. The problem with that is that unless they have a reference from another person, it's difficult for people to find a decent attorney to take the case.

Experts at Schuerger Shunnarah Trial Attorneys are available for mesothelioma victims in Indiana. The lawyers working for this company are former insurance company workers, so they know the legal strategies these people may use against the victim.

These attorneys make clients feel like they are the only customers of the company. People only need to go to the firm's website, call its number, and schedule a free consultation to start building a case strategy today! It's best to do this as soon as possible to ensure the victim doesn't go over the statute of limitations.


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