Being diagnosed with any health issue is unsettling. However, not many doctor reports are as devastating as learning that you have a terminal condition. Unfortunately, thousands of Americans are diagnosed with mesothelioma each year.
If you or someone you love develops mesothelioma, you may be eligible for compensation for the resulting damages through a mesothelioma claim. However, mesothelioma lawsuits, like most legal matters, are never straightforward. To successfully pursue the compensation you may be entitled to, you must, among other things, act within the statute of limitations period.
Understanding when to bring your mesothelioma claim
The countdown begins the day you are diagnosed or when your loved one dies from mesothelioma-related complications. And since it may take anywhere between 10 to 50 years from asbestos exposure to show the symptoms, this time lapse may not necessarily impact your eligibility for financial restitution. That said, the statute of limitations for mesothelioma lawsuits in Washington is three years from the date of a positive diagnosis or your loved one’s mesothelioma-related death.
Proving your claim
Even after a positive diagnosis, you still need evidence to litigate your asbestos claim. Simply claiming that you were exposed to asbestos several years ago may not be enough. Of course, you do not need to prove exposure. Rather, you need to prove that the defendant installed, manufactured or supplied asbestos or created an environment where you interacted with asbestos in some way and that this resulted in your exposure to the substance. Some of the factors the court will take into account when reviewing your asbestos claim include:
- The extent of exposure to the substance
- Your proximity to asbestos when you were exposed
- Any other factor that might have enhanced or aggravated your exposure to the substance
Mesothelioma is a deadly form of cancer. Learning more about Washington’s personal injury laws can help you protect your rights and interests while pursuing damages in a mesothelioma lawsuit.