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If you developed mesothelioma, understanding your legal rights and options is crucial to protect your future and finances. New Jersey implements time limits for initiating legal action, so it is essential that you are aware of the statute of limitations for filing a mesothelioma lawsuit. Continue reading for more information and consult with an experienced New Jersey mesothelioma lawyer today.
Mesothelioma is a rare and aggressive cancer that is primarily caused by exposure to asbestos. The disease affects the mesothelium, which is the protective lining surrounding organs. The most common forms are pleural mesothelioma, which affects the lungs, peritoneal mesothelioma, which affects the abdomen, and pericardial mesothelioma, which affects the heart.
Microscopic asbestos fibers may become trapped in the body after inhalation or ingestion. Over the years, these fibers trigger chronic inflammation, release free radicals, and cause genetic mutations that can lead to malignant cancer. Symptoms often develop decades after exposure.
Occupations with the highest mesothelioma risk include:
Oftentimes, individuals were exposed before asbestos regulations became stricter. Symptoms that may indicate mesothelioma include shortness of breath, chest pain, persistent coughing, fatigue, weight loss, abdominal swelling, and more.
Depending on the circumstances, individuals diagnosed with mesothelioma may be able to pursue compensation through personal injury lawsuits, product liability claims, asbestos trust fund claims, and workers’ compensation claims.
A variety of individuals and entities can be held liable for asbestos exposure, including manufacturers of products containing asbestos, contractors, property owners, suppliers and distributors, and employers in limited situations.
In New Jersey, the standard statute of limitations for personal injury claims, including mesothelioma lawsuits, is generally two years. However, mesothelioma claims involve special timing considerations because the disease can take decades to develop after asbestos exposure.
New Jersey utilizes the “discovery rule” in asbestos cases, which is crucial for these claims. The filing deadline may begin when a person discovers, or reasonably should have discovered, that their illness may be related to asbestos exposure. Possible triggering events that start the clock include the mesothelioma diagnosis, medical confirmation linking the illness to asbestos, or the discovery of occupational exposure.
Determining the exact filing deadline requires a detailed legal analysis. Missing the filing deadline can be devastating. Courts may dismiss claims filed after the statute of limitations expires, which can permanently prevent a victim from recovering compensation. This is why mesothelioma victims should contact a lawyer immediately after diagnosis. Attorneys need time to investigate the patient’s exposure history, identify all liable companies, preserve evidence, and consult with necessary medical experts to build a strong case.
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