Asbestos exposure has been shown to cause various respiratory illnesses, cancer, and even death. If you have been diagnosed with mesothelioma or an asbestos-related illness, you have two years from the time of diagnosis to take legal action. If you are filing a wrongful death claim, the legal clock begins at the time of the person’s death. Meeting these statute of limitations is crucial to recovering for your medical bills, lost wages, and intangible losses.
At Shollenberger Januzzi & Wolfe, LLP, our Chambersburg asbestos exposure lawyers have first-hand knowledge of the devastating injuries that accompany asbestos exposure. If you or a loved one has health complications due to a previous exposure, do not hesitate to contact our office.
Dangers of Asbestos Exposure
Materials that contain asbestos can release these toxic fibers into the air. Even though these fibers are too small to see, breathing in these fibers can cause irritation to the lining of the lungs. Due to its high toxicity, asbestos exposure increases an individual’s risk of developing fatal cancers. Among these are lung cancer and mesothelioma. Lung cancer occurs when a malignant tumor invades the lung’s air passages. Symptoms often present as a persistent cough, shortness of breath, coughing up blood, and chest pain.
In contrast, mesothelioma is an aggressive cancer that forms in the tissue that lines internal organs. The most common asbestos-related condition, pleural mesothelioma, grows in the pleural membrane that lines your lungs and chest cavity. Symptoms of pleural mesothelioma may present as pain in the chest, coughing, shortness of breath, tiredness, and unexplained weight loss.
Two-Year Limitation Period
A statute of limitations sets a time limitation on how long an injured party must take their case to court. If you miss the statute of limitations, you will be barred from recovery. According to 42 Pa.C.S. § 5524(2), a victim of asbestos exposure only has two years to file a legal claim. The two-year period begins at the time of diagnosis. This timeline applies regardless of whether you attempt to settle through insurance first. If your loved one succumbed to an asbestos-borne disease, you have two years from the date of death to take legal recourse.
You May File More Than One Asbestos-Related Claim
The Commonwealth follows the “separate” disease rule, permitting victims to file separate claims for each disease linked to asbestos exposure. This rule was followed in Abrams v. Pneumo Abex Corp., in which two plaintiffs filed claims against various companies after being diagnosed with asbestos-related diseases.
Although these separate diagnoses were decades apart from one another, the plaintiffs were able to recover under the “separate disease” rule (which was established in 1992). By filing separate claims, an individual can recover the entirety of medical bills and other damages related to each illness. Nonetheless, the two-year statute of limitations still applies, so it is important to retain representation immediately.
Expert Witnesses are Key in Asbestos Claims
Expert witnesses are the heart of many asbestos claims, providing valuable insights into your claim. These witnesses come in many forms. At Shollenberger Januzzi & Wolfe, LLP, we use medical experts who specialize in asbestos-related illnesses and their various health implications. We may also use economic experts who can assess the costs related to treating asbestos-borne illnesses. Finally, industrial hygienists, typically scientists and engineers, can describe the impact that asbestos exposure has in the workplace. We work with expert witnesses who have years of experience in the courtroom, allowing them to convey complex concepts to a judge or jury.
Speak with Our Chambersburg Asbestos Exposure Attorneys
If you have been harmed due to asbestos exposure, you may be entitled to compensation for your medical expenses. Pennsylvania law requires that you file a legal claim within two years of an asbestos-related diagnosis, not the exposure itself. At Shollenberger Januzzi & Wolfe, LLP, we pride ourselves on remaining in personal contact with our clients, not relying on support staff. To schedule your free consultation with one of our Chambersburg asbestos exposure lawyers, contact us online or by calling (717) 229-6580 today.