Statute of Limitations in Asbestos Litigation
For individuals who have been diagnosed with an asbestos-related disease, a claim for damages may be made against those responsible for the exposure to asbestos. These claims can result in significant awards being granted to victims. However, an important aspect of these claims is the statute of limitations.
What is the Statute of Limitations in Asbestos Litigation?
The statute of limitations is the time a victim has to file a lawsuit against those responsible for the injuries caused. For personal injury cases, this period of time usually begins to run from the moment the injury occurs. When the injury occurs is usually fairly easy to determine. For example, if a person is hurt in a car accident, it is easy to determine when that accident occurred. Determining when the limitations period begins to run is important because once the period ends, a victim is usually barred from making a claim. The specific length of the statute of limitations varies by state and by the type of claim involved, but it is usually between one and six years.
In asbestos-related claims, statute of limitations issues are complicated by the nature of asbestos diseases. Asbestos becomes dangerous when microscopic fibers are released into the air and breathed into the lungs. These fibers can remain in the lungs for several decades before any issues caused by such exposure become present. Furthermore, exposure to asbestos fibers that results in the development of disease often occurs over an extended period of time, as opposed to a specific moment, such as in the case of a car accident. Therefore, pinpointing exactly when the injury occurs is very difficult.
Due to asbestos fibers’ long dormancy period, if the statute of limitations began running at the time of the injury (at the time of exposure to asbestos fibers), the period would most likely run before the victim ever became aware of any health issues. As a result of this, for asbestos-related claims, instead of starting the limitations period from the time of injury, the period begins at the time of discovery. The discovery rule in asbestos claims can be traced to the 1973 case of Borel v. Fibreboard Paper Prods. Corp.
The effect of the discovery rule is that the statute of limitations period does not begin until the victim knows or should have known of the injury. In other words, the limitations period does not begin until the effects of exposure to asbestos begin to manifest or show themselves. Under most circumstances, this moment is when a diagnosis is made. In most states, the statute of limitations period for asbestos-related claims is one or two years.
Fighting Asbestos Diseases
Combating asbestos-related diseases often requires significant medical treatment, which can become quite costly. As a result of this, victims frequently consider making claims against manufacturers or employers responsible for their exposure to asbestos. For more information about these types of claims, speak with an experienced mesothelioma and asbestos disease attorney today. At the Throneberry Law Group, we provide compassionate legal advocacy for victims of these aggressive diseases.