- You can sue for asbestos exposure if diagnosed with a related illness.
- Exposure alone is not enough to file a lawsuit—you must have suffered injury and damages due to the exposure.
- Statutes of limitations require filing an asbestos lawsuit within 1-4 years of diagnosis in most cases.
- Identifying liable parties such as manufacturers, employers, or property owners is critical to building a strong asbestos case.
Asbestos exposure can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. If you or a loved one has been diagnosed with an asbestos-related illness, in many cases, you can sue for asbestos exposure.
Before you decide to sue, you’ll need to understand what constitutes asbestos exposure, the legal considerations for lawsuits, and factors to weigh when deciding to pursue legal action. At Meirowitz & Wasserberg, our experienced asbestos attorneys have helped numerous clients secure compensation for asbestos-related injuries. We understand the physical, emotional, and financial toll these illnesses can take on victims and their families.
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What Constitutes Asbestos Exposure?
Asbestos exposure occurs when microscopic asbestos fibers are inhaled or ingested. The asbestos fibers can cause inflammation and scarring, eventually leading to conditions like asbestosis, lung cancer, or mesothelioma. Exposure can occur in various settings, such as workplaces, homes, schools, or public buildings containing asbestos. Occupations with a higher risk of exposure include construction workers, industrial workers, shipyard workers, and veterans.
It’s important to differentiate between mere exposure and actually developing an asbestos-related illness, including asbestos-related colon cancer. While exposure alone is concerning, it’s usually not enough to sue your employer or another liable party. You typically must have suffered an injury or health problem due to the exposure.
What To Do in Cases of History of Asbestos Exposure and Secondhand Exposure
If you have a history of asbestos exposure, even without a current diagnosis, it’s crucial to monitor your health closely. Asbestos-related diseases often have a long latency period, meaning symptoms may not appear until 10-40 years after the initial exposure. Informing your doctor about your exposure history can help ensure prompt diagnosis and treatment if you do develop an asbestos-related condition later on.
Asbestos exposure can also occur through secondhand exposure, such as when a worker brings home asbestos fibers on their clothing and exposes family members. While less common, environmental exposure can happen when asbestos-containing materials are disturbed during demolition or renovation projects, releasing fibers into the air and soil.
Regardless of how you were exposed, you have the right to explore your legal options if you develop an asbestos-related illness. An experienced attorney can help you investigate the source of your exposure and determine if you have a viable case.
Legal Considerations for Asbestos Exposure Lawsuits
If you’ve been diagnosed with an asbestos-related condition, you may have grounds for a lawsuit. However, several legal considerations may apply. First, statutes of limitations set strict time limits on your ability to file a claim. This is usually only 1-4 years from the date of diagnosis, so it’s critical to act promptly to preserve your right to sue for asbestos exposure.
Meirowitz & Wasserberg serves clients in several states, and the statute of limitations varies for personal injury in each state:
- New York: 3 years from diagnosis or two years from death in wrongful death cases
- Pennsylvania: 2 years from diagnosis or two years from death in wrongful death cases
- New Jersey: 2 years from diagnosis or two years from death in wrongful death cases
- Texas: 2 years from diagnosis or two years from death in wrongful death cases
- Florida: 4 years from diagnosis or two years from death in wrongful death cases
Second, establishing liability requires extensive investigation into your work history, the products you were exposed to, and the companies involved. It can be challenging to identify the parties responsible for your asbestos exposure, such as manufacturers of asbestos-containing products, employers who failed to provide proper protective equipment or owners of buildings with asbestos hazards.
What if the Liable Company has Gone Out of Business?
In some cases, the liable company may have filed for bankruptcy due to the high volume of asbestos claims. However, many companies have established asbestos trust funds to compensate victims.
It’s also important to note that you can sue for asbestos exposure even if your employer has gone out of business or the manufacturer of the asbestos-containing product no longer exists.
Factors To Consider When Deciding To Sue for Asbestos Exposure
Choosing to file an asbestos lawsuit is a highly personal decision. Here are some key factors to consider:
- The severity of your health condition and how it has impacted your quality of life
- The financial costs of medical treatment, including surgery, chemotherapy, medication, and ongoing care
- Lost income if you are unable to work due to your illness
- The physical pain and emotional suffering you’ve endured
- A desire to hold negligent parties accountable for the harm they’ve caused
- The potential to gain a sense of justice and closure by pursuing legal action
An asbestos exposure lawsuit allows you to recover compensation for these damages. While no amount of money can undo the harm you’ve suffered, it can provide vital financial support and a measure of justice.
Our Experience in Asbestos Exposure Cases
At Meirowitz & Wasserberg, we have a proven track record of successfully handling asbestos exposure lawsuits. Some of our notable case results include:
- $32 million settlement in a secondhand exposure case against defendants Kraft Heinz and Metal Masters Inc.
- $28.5 million verdict against joint defendants in a New York City asbestos lung cancer lawsuit
- $1.2 million recovery for a Merchant Marine electrician diagnosed with lung cancer
- $1 million settlement for a crane operator with lung cancer due to bystander asbestos exposure
Our skilled mesothelioma attorneys have the knowledge, experience, and resources to investigate your case thoroughly, identify all potential sources of compensation, and fight tirelessly to protect your rights.
Contact Meirowitz & Wasserberg For Your Asbestos Claim
If you believe you have a potential asbestos claim, consulting with an experienced attorney is the first step. We can evaluate your case, gather evidence, and help you understand your legal rights and options. We work on a contingency fee basis, meaning you pay no upfront costs, and we only collect a fee if we secure compensation for you.
Don’t hesitate to contact the dedicated asbestos lawyers at Meirowitz & Wasserberg. We offer free, no-obligation consultations to evaluate your case and discuss how we can help you seek the compensation you deserve. Call us today at 844-446-9529 or reach out online to get started.
