{"id":13724,"date":"2023-05-26T16:00:13","date_gmt":"2023-05-26T22:00:13","guid":{"rendered":"https:\/\/www.asbestosclaims.law\/?post_type=blog&p=13724"},"modified":"2023-11-20T15:55:41","modified_gmt":"2023-11-20T21:55:41","slug":"the-statute-of-limitations-in-asbestos-cases-time-is-of-the-essence","status":"publish","type":"blog","link":"https:\/\/www.asbestosclaims.law\/es\/asbestos-blog\/el-estatuto-de-limitaciones-en-casos-de-asbesto-el-tiempo-es-esencial\/","title":{"rendered":"The Statute of Limitations in Asbestos Cases: Time is of the Essence"},"content":{"rendered":"\n

Asbestos claims are those filed after a person\u2019s health has been directly or indirectly impacted by exposure to the mineral or an individual has lost a loved one due to an asbestos-related illness. There are essentially three types of asbestos claims<\/a>: personal injury, wrongful death, and trust fund claims. The statute of limitations (the timing allowed for filing each of these types of claims) is a crucial component of the process regardless of which legal avenue is ultimately pursued.<\/p>\n\n\n\n

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If you may have been exposed to asbestos, even when you were a child, speak to your healthcare provider about tests and screening to help detect the presence of asbestos fibers and <\/strong>asbestos-related diseases<\/strong><\/a>.<\/strong><\/strong><\/strong><\/strong><\/strong><\/p>\n<\/div>\n<\/div>\n\n\n\n
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Statutes of Limitations Can Impose  a Deadline on Many Asbestos Claims<\/h2>\n<\/div>\n\n\n\n
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That\u2019s why it\u2019s important not to delay filing for your asbestos compensation.<\/h3>\n\n\n\n
When a person has been exposed to asbestos fibers and suffers consequences from that exposure, they have a legal right to take action and file a claim (or a lawsuit). Typically, the statute of limitations applies to the amount of time someone has to file after they have suffered an injury or have experienced the death of a loved one. <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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When does a statute of limitation start to run for an asbestos claim?<\/h2>\n<\/div>\n\n\n\n
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That can depend on the state and its application of the discovery rule.<\/h3>\n\n\n\n
The statute of limitations starts when plaintiffs discover they have been injured, in negligence cases, the statute of limitations typically spans a two-year period in most states, but up to three or even four years in some areas. It\u2019s important to be familiar with the differences between state laws for this reason. <\/p>\n\n\n\n
The Discovery Rule and Asbestos Claims<\/h3>\n\n\n\n
The statute of limitations begins with what is referred to in legal jargon as the \u2018discovery rule.\u2019 This discovery rule begins at the time of diagnosis of an asbestos-related illness or the date of death of a loved one, depending on the type of case being pursued \u2014 specifically, the day of diagnosis for personal injury claims and the time of death for wrongful death lawsuits.<\/p>\n\n\n\n
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Over $30 Billion is still available<\/strong>
(without a lawsuit).<\/sub>

<\/sub>Stake your claim.<\/strong>

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What is the Discovery Rule?<\/h2>\n<\/div>\n\n\n\n
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In many states, the statutes of limitations only begin to run once you discover the injury.<\/h3>\n\n\n\n
This discovery rule is important to asbestos claims because the plaintiff and the defendant both have the legal right to move on with their life and business, respectfully, without fear of litigation.<\/p>\n\n\n\n
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\u201cGenerally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.\u201d<\/h3>\n                            
Source: National Cancer Institute\n<\/a> (NIH)1<\/sup><\/p>\n                        <\/td>\n                    <\/tr>\n                <\/tbody>\n            <\/table>\n        <\/div>\n    <\/div>\n<\/section>\n\n\n\n
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Timely filing is in the best interest of the plaintiff because even a small amount of exposure to asbestos can cause significant problems and may lead to mounting healthcare bills, funeral costs or other expenses in addition to compromised health.<\/p>\n\n\n\n
Asbestos-related illnesses can lead to lost wages, an inability to work, disabilities, a degraded quality of life and even fatalities. <\/p>\n\n\n\n
Seeking financial compensation within a timely manner can help alleviate financial strain brought on by the exposure to asbestos. <\/h3>\n\n\n\n
Furthermore, the statute of limitations keeps the integrity of all involved intact by preserving evidence that\u2019s brought forth. Understanding that witnesses’ memories can quickly fade, moving in a timely manner is one way to ensure the details of the matter are shared while they\u2019re relatively fresh. The health of a plaintiff is also likely to decline. <\/p>\n\n\n\n
Moreover, acting as soon as the problem is found, knowing there is a limit on the time one has to file a claim, provides an incentive to not stall on taking action, encouraging people to be active in addressing injuries and seeking compensation.<\/p>\n\n\n\n
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“The overall evidence suggests there is no safe level<\/span> of asbestos exposure<\/span>.\u201d<\/h3>\n                            
Source: National Cancer Institute\n<\/a> (NIH)2<\/sup><\/p>\n                        <\/td>\n                    <\/tr>\n                <\/tbody>\n            <\/table>\n        <\/div>\n    <\/div>\n<\/section>\n\n\n\n
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There are valid reasons for statutes of limitation, but they limit the time to file an asbestos claim. So do not wait once you\u2019ve discovered that you\u2019re injured.<\/h3>\n\n\n\n
Specific timeframes are particularly beneficial to defendants and protect their right to move on. This allows companies and other entities that were not aware of the dangers of asbestos to move forward without having to constantly \u2018look over their shoulder\u2019 and be forced to defend lawsuits arising from decades-old incidents. The statute of limitations gives them the peace of mind to know that they can address claims, budgeting for this,  and move on with their business without having it fold from ongoing litigation.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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Statute of Repose<\/h2>\n<\/div>\n\n\n\n
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Along with the statute of limitations, there is also a statute of repose<\/a>. This statute, which applies in some construction defect claims, is different from the statute of limitation<\/a>s in that the clock begins ticking when construction work is substantially complete. In most states, the statute of repose is about ten years.<\/p>\n\n\n\n
Statutes of Limitations vs. Statutes of Repose<\/h3>\n\n\n\n
The distinction between the statute of limitations and the statute of repose is important because they both define the time period in which a claim can be filed, but they\u2019re application differs. <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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Do You Qualify For Compensation?<\/p>\n        
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.<\/p>\n        FREE SEARCH > <\/a>\n    <\/div>\n\n\n\n
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Asbestos Trusts <\/h2>\n<\/div>\n\n\n\n
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In addition to personal injury and wrongful death claims, asbestos companies have set up trust funds<\/a> for people who have suffered from asbestos exposure. These companies and their insurers have proactively placed close to $30 billion into trusts to offset the costs of litigation. <\/p>\n\n\n\n
Each asbestos trust applies its own date of limitations, and in general, exposure must have taken place before 1982, but the discovery dates vary. Asbestos trusts<\/a> are one of the easiest and quickest ways to receive money from an asbestos claim because the funds are readily available and it doesn\u2019t take a lengthy trial to receive them. <\/p>\n\n\n\n
Asbestos Trusts are generally the easiest and quickest way to receive compensation for an asbestos claim.<\/h3>\n\n\n\n
It\u2019s important to note that trust fund payouts and lawsuits differ, and talking with an attorney is the best way to ensure the proper avenue is taken to receive compensation<\/a>. <\/p>\n\n\n\n
These trust funds are appealing to a lot of people because they offer fewer fees, they pose no risk to the plaintiff, require no testimonies or sworn depositions, and take less time than lawsuits.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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Secondhand Exposure<\/h2>\n<\/div>\n\n\n\n
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Another important factor to consider when dealing with asbestos illnesses is that secondhand exposure<\/a> is still exposure. Secondhand exposure cases<\/a> are often harder to prove but that should not keep anyone from seeking compensation for their injuries even if they were not directly impacted. <\/p>\n\n\n\n
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\u201cSome asbestos fibers may bypass\u2026your body\u2019s natural defenses\u2026and lodge deep within your lungs. Those fibers can remain in place for a very long time and may never be removed.\u201d<\/h3>\n                            
Source: American Lung Association\n<\/a><\/p>\n                        <\/td>\n                    <\/tr>\n                <\/tbody>\n            <\/table>\n        <\/div>\n    <\/div>\n<\/section>\n\n\n\n
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Loved ones of asbestos workers were commonly exposed when fibers were brought into the home and family vehicles in hair and on clothing, work boots and tools. Asbestos-related illnesses can easily result and are just as damaging to individuals impacted. <\/p>\n\n\n\n
If you or a loved one has an asbestos-related illness, monetary compensation can ease the burden exposure places on both your health and finances. <\/h3>\n\n\n\n
With proper advice from a well-versed asbestos lawyer, you can decide if filing a claim<\/a> is right for your situation. You will be guided step-by-step through the process by a professional who knows your rights and the laws surrounding asbestos exposure, and will help ensure you file your claim or lawsuit properly to avoid having it rejected. <\/p>\n\n\n\n
The team at AsbestosClaims.law also works on contingency, meaning they don\u2019t get paid until you do. Contacting an experienced attorney is the best first step to take to receiving the funds you deserve.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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AsbestosClaims.Law<\/h2>\n<\/div>\n\n\n\n
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For Justinian C. Lane, getting compensation for asbestos victims is personal.<\/h3>\n\n\n\n
Justinian’s grandparents and his father all worked with asbestos in their younger years and died from asbestos-related cancers in their later years.  <\/p>\n\n\n\n
At the time of each of their deaths, no one in Justinian’s family knew that they were eligible to file an asbestos lawsuit and to seek compensation from the asbestos trusts.<\/strong><\/p>\n\n\n\n
Because no one in Justinian’s family knew their options, they never received any compensation for the death of their loved ones. <\/p>\n\n\n\n
If you believe that you or your family member\u2019s injury was related to asbestos exposure, you could be entitled to significant compensation<\/a>.<\/h3>\n\n\n\n
This is money you could use to cover the costs of asbestos removal services, pay for medical treatment, and preemptively protect your physical well-being. <\/h4>\n\n\n\n
There are also asbestos trusts that offer compensation much more quickly and easily (without filing a lawsuit.)<\/h3>\n\n\n\n
If you\u2019d like help with filing a claim, please get in touch<\/a> by email at help@asbestosclaims.law<\/a>, or call or text us at (833) 4-ASBESTOS (427-2378)<\/a> or (206) 455-9190<\/a>. We\u2019ll listen to your story and explain your options. And we never charge for anything unless you receive money in your pocket.<\/p>\n\n\n\n
In addition to legal claims<\/a>, veterans disability<\/a>, social security<\/a> and employment protection like workers compensation<\/a>, FELA<\/a> and The Jones Act<\/a> for maritime workers, there are asbestos trusts<\/a> that have been set up to compensate those harmed by asbestos without having to file a lawsuit.<\/p>\n\n\n\n
There is no risk or cost to speak with one of our staff about your asbestos litigation. There are no fees unless you receive money.<\/h3>\n\n\n\n
If you have any additional questions or concerns related to asbestos, check out our website<\/a> and YouTube page<\/a> for videos, infographics and answers to your questions about asbestos, including health and safety<\/a>, asbestos testing<\/a>, removing asbestos from your home and building<\/a>, and legal information<\/a> about compensation for asbestos injuries<\/a>.<\/p>\n\n\n\n
Introducing the largest database of asbestos information on the planet.<\/h4>\n\n\n\n
W.A.R.D<\/a>., which stands for the Worldwide Asbestos Research Database, helps clients to narrow down when and where they may have been exposed, as well as which products may still contain asbestos. W.A.R.D. will also help indicate compensation types and how much a person may be entitled to.<\/p>\n\n\n\n
<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
\n\nPUNITIVE DAMAGES IN ASBESTOS PERSONAL INJURY LITIGATION: THE BASIS FOR DEFERRAL REMAINS SOUND<\/a>\n
\n\n1 National Cancer Institute (NIH), Asbestos Fact Sheet.<\/a>\n
\n\n\n\n\n2 National Cancer Institute (NIH), Asbestos Fact Sheet.<\/a>\n
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