Statute of Limitations for Asbestos Cases | elglaw.com

Statute of Limitations for Asbestos Cases | elglaw.com

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Statue of limitations is a big deal in toxic tort medication. Our firm, Environmental Litigation, actually changed the law in Alabama about 15 years ago. The law and Alabama used to be with all toxic tort litigation asbestos included that you had to file a lawsuit within two years of your last exposure. Well, anyone who’s been around asbestos or knows anything about asbestos knows that that’s insane, that asbestos diseases have what’s called a latency period, that you’re exposed to asbestos for be at 10, 15, 20 years you do not develop a disease till 20, 30, 40 years later sometimes. So the law in Alabama was set up where no one could ever file a lawsuit and win because they would lose on statute of limitations and our firm took a lead and took the case all the way up to the Alabama Supreme Court and changed it so we have what’s called a discovery rule now in Alabama in that you actually the session limitations does not run until the person knows that their disease is related to the asbestos exposure, being an asbestos case, So it’s not just the diagnosis of lung cancer, I mean, you go to the doctor tomorrow or I go to the doctor, doctor says “You’ve got lung cancer, you’re going to die”. The first thought that enters my mind is not how I bet it was all that asbestos tiles around, that’s not how people think, that’s not the reality of the situation. Someone doesn’t develop a call and say “Oh, I better have lung cancer. That’s probably from asbestos.” So our position and we argue this very strenuously for our clients is that there’s two components to any statute of limitations analysis we’ve had great success with this is that: one, you have to have the injury, the date of diagnosis and the defendant will tell you the date of diagnosis is absolutely that you’ve got in Alabama it’s two years you’ve got two years from that date to file a lawsuit. That’s not the case in our estimate and we won this argument. The statute of limitations begins to run the day that you realize that the asbestos caused your lung cancer, so it’s not the day your doctor says you have lung cancer. It’s a lot of times it’s the day you see the commercial on TV or the internet and say “Wait, I was around a lot of asbestos. It can cause lung cancer. Let me call these guys and see.” So we do a great deal to make sure our clients are taken care of and make sure a lot like the statute of limitations law does not bar them for recovery. And I would encourage anybody, even if you have been sick. I talked to a guy two weeks ago, I think that got lung cancer ten years ago, and it went away and it came back about a year ago and he said “I didn’t call because I thought is from the statute limitations. I thought I was gone.” That’s not the case. So we do free consultations, obviously. If someone’s worried about the statute limitations, call and ask us because we can tell you it might takes a little research but we will do everything our power to make sure that session limitations does not bar claims. It’s really an unfair area of law to say you didn’t realize soon enough that they killed you, so something we fight very hard about it a lot of the bankruptcy trust every state has different statute limitations: Alabama’s is two years, it applies differently to med mal cases, other asbestosis will be different, Tennessee has one year, some states have discovery rule some down the asbestos trusts are typically longer statute limitations, so just because it’s been over two years and you don’t think you have to claim that’s not the case. Call us, we will tell you whether you have a lawsuit, whether is anything you can do for it. It doesn’t cost you a penny to look at, so a lot of people think they understand the statute of limitations and it’s not always a set in stone which people think it is. It’s something that needs to be analyzed by a lawyer who has experience in that area.

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