Asbestos is a group of naturally occurring, fibrous silicate minerals that were often used in older buildings, steel mills, shipyards, and power plants. When asbestos minerals are disturbed, tiny fibers are released into the air that can become trapped in the lining of the lungs, abdomen, or heart. Over time, asbestos can lead to inflammation, potentially progressing to cancer.
At Shollenberger Januzzi & Wolfe, LLP, our Harrisburg personal injury lawyers understand that the legal process alone can prevent a victim of asbestos exposure from taking legal action. If you or a loved one has been diagnosed with mesothelioma or lung cancer, do not hesitate to reach out to our legal team.
What is an Asbestos Claim?
An asbestos claim allows an injury victim to recoup losses from asbestos exposure. A victim of asbestos exposure may not experience symptoms until years or decades later, at which point it can escalate to exorbitant medical costs. An asbestos claim allows victims to recover medical bills, lost earnings, and pain and suffering.
Under 42 Pa.C.S. §5524(8), an asbestos claim must be filed within two years of one of the following (whichever date occurs first):
- Diagnosis provided to the victim by a licensed physician,
- The person began to experience symptoms of asbestos exposure, or
- Should have reasonably known that their illness was tied to asbestos exposure.
If you miss the deadline, you will be barred from legal recovery against liable parties. Although there are some exceptions to the statutory deadline, they are limited. If you want to discuss whether your asbestos claim is still viable, you should speak with our Harrisburg personal injury team.
Factors That Impact an Asbestos Claim Timeline
Time of Diagnosis
The length of time from initial exposure to your diagnosis will play a large part in how long it takes to resolve your case. In some cases, individuals may go symptom-free for decades. The sooner you can be diagnosed, the sooner you can file a legal claim and get compensated for your medical bills.
Obtaining Representation
If you have been diagnosed with lung cancer or mesothelioma, retaining representation immediately is essential. By working with our team of professionals, you will have a legal advocate who can help expedite negotiations.
Strength of Evidence
An asbestos claim hinges on proving the connection between the initial exposure and the onset of symptoms. This requires gathering medical documentation (medical imaging, doctor’s notes, hospitalization records), expert testimony, and your employment records (documenting your work history and duties). The clearer the link between your exposure and your illness, the more likely your claim will resolve faster.
Court Backlog or Delays
Busy court dockets may prevent a judge from hearing your case for some time. In other cases, conflicting attorney schedules, missing evidence, or pending motions can cause delays in legal proceedings.
Type of Claim
Asbestos claims may become a personal injury claim, a wrongful death claim, or a workers’ compensation claim. Generally, workers’ compensation claims resolve more quickly, typically resolving in a matter of months. However, you have to report your condition within 120 days of discovering it to be eligible for benefits. While a personal injury claim will take longer, the injured party can provide first-hand information on their condition. A wrongful death claim may take years to resolve, since family members are attempting to recover losses due to the injured party’s death.
Asbestos Trust Funds
Companies that declare bankruptcy are required to set up trust funds for future claims, known as asbestos trust fund claims. A claim filed through a bankruptcy trust fund can lengthen the timeline as compared to filing a personal injury claim against an active company.
Contact Our Harrisburg Personal Injury Attorneys Today
Asbestos exposure can lead to debilitating illnesses, resulting in thousands of dollars in medical bills and lost earnings. Besides the physical ailments that you are experiencing, treatment can be financially draining. Given the cost of medical treatment, you may wonder how long it will take to resolve your asbestos claim.
Thankfully, our Harrisburg personal injury lawyers at Shollenberger Januzzi & Wolfe, LLP, are here to assist you. With over 30 years of experience successfully helping victims of asbestos exposure, we know what information to gather to bring the wrongful party to justice. To arrange your free consultation, contact our office online or by calling (717) 229-6580.