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Ohio citizens are largely affected by asbestos exposure. The state is within the top 10 for most people with asbestos-related disease or death. Mesothelioma is an illness directly caused by asbestos, and therefore, victims qualify for personal injury claims or wrongful death lawsuits.
Mesothelioma and other diseases are a direct cause of consistent exposure to asbestos. One-time contact normally does not warrant severe illness. As such, victims of these sicknesses deserve fair compensation for their long-term exposure to asbestos without their knowledge.
However, similar to other lawsuits, there is a statute of limitations on claims filed for mesothelioma or asbestos-driven illness in Ohio. This requires asbestos victims to file a claim before a specific time to be able to sue successfully. Larrimer & Larrimer can help answer questions like, "How can I prove asbestos exposure?"
What Is the Mesothelioma Statute of Limitations in Ohio?
The statute of limitations for mesothelioma and asbestos exposure in Ohio is two years. Therefore, after that time frame, victims are unable to file a claim, including personal injury lawsuits and wrongful death claims.
The clock starts ticking at different times based on the victim's condition and the type of claim.
What Are the Types of Claims?
Personal Injury Claims
A personal injury lawsuit is for victims diagnosed with mesothelioma or any disease directly linked to asbestos exposure. According to the Centers for Disease Control and Prevention, some of the cancers that could trace back to asbestos are:
Lung
Ovarian
Pharynx
Stomach
When filing a personal injury claim, the statute of limitations starts on the day of diagnosis. Therefore, to receive fair compensation, victims should start the process for their asbestos lawsuit almost immediately.
Wrongful Death Lawsuit
Wrongful death suits are completed by the family members of a victim who passed due to asbestos exposure.
To file a wrongful death claim successfully, the family has a statute of limitations starting on the day of the victim's death. They can prove this with the death certificate.
Worker's Compensation
Filing asbestos lawsuits for worker's compensation is similar to personal injury claims. The statute of limitations begins on the day of being diagnosed. After that, like all asbestos and mesothelioma claims, victims have two years to successfully file before losing the right.
What Influences a Claim
If a mesothelioma patient has any concerns about when their statute of limitation began or how to go about a claim, they should talk with an experienced attorney as many factors influence the lawsuit process and the outcome.
Type of Claim
Firstly, an asbestos or mesothelioma claim gets influenced by the kind filed. Personal injury cases look different from wrongful death mesothelioma lawsuits. As such, it can be challenging to predict how these cases pan out.
Additionally, trust fund claims are not the same as class-action lawsuits. Both can take place in asbestos litigation. The statute of limitations for either form of asbestos claim can be longer or shorter based on the situation. Therefore, it is best to contact an experienced asbestos attorney.
Time and Place of Asbestos Exposure
Location is very critical for mesothelioma patients and asbestos victims when filing a claim. Some may be eligible to file their lawsuit in Ohio or another state in which they have lived.
Lawyers suggest filing a claim in the state where the exposure happened. Ohio is well known for its asbestos exposure, so chances are the cases would take place in the same state.
Those seeking compensation should also consider filing in the same state as the company responsible. Worker's compensation claims would benefit the most from this general rule of thumb.
Statutes of limitations vary from state to state. They generally last from one to three years. If the time frame has passed in one state, a victim may be able to file a claim in another wherein the case is relevant and the statute has not yet expired.
The time frame of asbestos and mesothelioma statute of limitations is influenced by the discovery rule. Many would think it begins at contact. However, it could take up to 20 years after initial exposure to develop symptoms and experience the deadly consequences.
In 1973, the personal injury case Borel v. Fibreboard determined that the statute of limitations begins at the time of mesothelioma diagnosis rather than at the time of exposure.
The landmark suit was the first to hold companies responsible for asbestos exposure. Now, mesothelioma cases and other claims can seek justice.
It is critical to remember that statutes of limitations have been lengthened for asbestos and mesothelioma victims. However, that does not mean every case gets accepted. Working with an experienced workmans compensation law firm in Columbus can strengthen asbestos cases for a higher likelihood of success.
Diagnosis
Finally, when a victim is diagnosed and the severity of the illness can influence the overall asbestos case. The date of diagnosis or the date appearing on a death certificate impose the statute of limitations.
The severity of the illness can lengthen the statute of limitations. This is rare, but special situations can allow a victim and their family members to appeal.
Compensation Options
In the aftermath of a diagnosis or death, it can be tough to think about seeking compensation. If a victim or their family believes their asbestos or mesothelioma statute of limitations has expired, there are other options, such as disability insurance claims and health insurance claims. Larrimer & Larrimer can also advise on questions like, "Can you get compensation for lung cancer caused by asbestos?"
Talking to asbestos or mesothelioma lawyers can help patients and their families make the best decisions for their unique cases. Statues could be longer than two years in certain scenarios. Ohio's supreme court made adjustments to the laws on statutes of limitations due to the coronavirus pandemic. Therefore, adjustments can be granted.
Contact an Experienced Mesothelioma Attorney
The asbestos and mesothelioma statute of limitations in Ohio is only flexible for very special circumstances. As such, victims can count on theirs likely being two years. To file wrongful death claims and personal injury lawsuits, or get more information about a specific case, victims should contact trusted lawyers for dependable guidance.
The team at Larrimer & Larrimer can provide practical knowledge to any asbestos victim or their family for the most fitting compensation. Contact us today to better understand an individual case.