Mesothelioma is cancer typically associated with asbestos exposure that usually develops in the tissue covering the lungs. Many people who lived and worked in Idaho could have come in contact with asbestos fibers through their workplace, in public buildings, or even at their homes.
Once diagnosed with this disease, the prognosis is bleak, a devastating situation for many patients and their families. Moreover, treatments for mesothelioma can become costly. You should not have to bear the burden of paying for something that resulted from someone else’s negligence. Discussing your case with an Idaho mesothelioma lawyer can help you discover your eligibility to file a suit and seek compensation from those responsible for your injury. Call Pintas & Mullins Law Firm today at (800) 794-0444 to review your case with a team member.
Possible Ways You Experienced Asbestos Exposure
With numerous agricultural and technological industries utilizing asbestos before the implementation of laws that restrict its use, Idaho is no stranger to mesothelioma cases. For years, workers inhaled asbestos fibers, particularly those working in:
- Construction sites
- Chemical plants
- Mineral processing plants
- Military sites
- Power plants
Due to the many natural deposits of asbestos in Idaho, residents may have also experienced exposure from fibers that found their way into the soil and floated around as contaminated dust.
Diseases related to asbestos generally show their symptoms many years after a patient’s exposure. The latency period of mesothelioma can run from 20 to 60 years, according to the Mayo Clinic, so you might not immediately connect the symptoms of the disease and your contact with asbestos.
If you have failing health and worked in an industry with a high risk for asbestos exposure, you might want to speak to an Idaho mesothelioma lawyer. They can review your history and determine when and where you had contact with asbestos fibers. You might have the right to bring legal action against an employer liable for your medical bills and other expenses arising from your medical condition.
Laws That Could Impact Your Case
Mesothelioma cases mainly fall under personal injury law, and some statutes aim to protect people from asbestos exposure and govern asbestos-related cases in Idaho. You must familiarize yourself with legislation that can affect your case’s direction and outcome to prepare for the road ahead. For the most part, the rules dictate the limit of a company’s liability, the deadline for filing a claim, and matters regarding the handling of asbestos.
Statute of Limitations
You do not have unlimited time to bring a cause of action. Idaho Statutes § 5-219 sets a two-year time limit to present your claim, starting from the date of your mesothelioma diagnosis. When this deadline expires, you will likely lose your right to sue.
Keep in mind that building a case and gathering evidence can take a while, especially if you are unsure about the exact details surrounding your asbestos exposure. The team at Pintas & Mullins Law Firm can research our database of companies and products linked to asbestos exposure to determine who might have responsibility for your cancer. Call us today to learn more.
Idaho Statutes §§ 30-1901 through 30-1907 establish a limit on successor asbestos-related liabilities. The state has granted protection to successor corporations, or those companies that assume accountability for other companies’ obligations. There are times when a corporation acquires a company that previously exposed workers to asbestos, and Idaho law limits the extent of liability to the fair market value of the acquired company’s total gross assets. You will not be able to hold a company responsible for an amount of money that exceeds the worth of the acquired assets.
Substantial Factor Test
Every state sets a standard of causation that plaintiffs must establish before succeeding in mesothelioma or asbestos cases. Idaho requires plaintiffs to prove that the defendant’s actions or products contributed significantly to your injuries (known as the substantial factor test). Unlike many states, Idaho courts have recognized that substantial cause exists in mesothelioma lawsuits even with the slightest exposure to asbestos.
Apart from the above laws, the state also protects its residents and workers from asbestos exposure by making certain asbestos-related activities comply with federal regulations. The Idaho Department of Environmental Quality (DEQ) requires that the removal of materials containing asbestos follows Environmental Protection Agency (EPA) guidelines.
If you need assistance in understanding the laws and processes involved with your case, consider consulting with an Idaho mesothelioma lawyer. Having a legal ally on your side makes it easier to discover violations by the defendant that establish their liability and ensure that you abide by the law.
Compensation You Can Expect to Receive
If you are successful in your mesothelioma lawsuit, the court might award you compensation for your medical expenses, lost wages, and other damages related to your condition. Be aware that the company or manufacturer of asbestos-based products that you decided to sue might have filed for bankruptcy. You could still receive compensation if the company has established an asbestos trust fund used to pay present and future claimants. An Idaho mesothelioma lawyer can tell you more about how these trust funds work because they follow different procedures when filing a claim.
Here to Assist You Through This Difficult Time
It can be tough living with an asbestos-related disease that was the consequence of someone else’s negligence. Even if you know your rights under the law, you might still need someone to help you protect them.
An Idaho mesothelioma lawyer at Pintas & Mullins Law Firm can guide you through the process of filing a personal injury lawsuit related to your cancer. You can entrust your legal burdens to us so that you can focus more on other aspects of your life during this tough period. Set up your free consultation and let our team get started protecting your legal rights by calling us today at (800) 794-0444.