Asbestos exposure is the leading cause of mesothelioma, a serious cancer that can take years, or even decades, to develop. Because of the long latency period between exposure to asbestos and the diagnosis of mesothelioma, it can be challenging for individuals to understand how the statute of limitations affects their legal rights.
Understanding the latency period for mesothelioma
Mesothelioma has a unique latency period. This refers to the time between initial asbestos exposure and the appearance of symptoms. This latency period can range from 20 to 50 years. Due to this long delay, many people may not even realize they’ve had asbestos exposure until long after the fact. This can make the diagnosis an unexpected shock.
The statute of limitations
The statute of limitations defines the time within which someone can file a lawsuit. For mesothelioma claims, this can be particularly complex due to the latency period. In Georgia, individuals must file mesothelioma claims within two years of the date of diagnosis, not from the date of exposure.
This allows individuals time to act once they are aware of their condition. If a loved one has passed away from mesothelioma, family members have two years from the date of death to file a wrongful death lawsuit.
How the latency period impacts legal action
Gathering evidence of when and where the exposure happened can be challenging. This is especially difficult since the exposure could have occurred decades earlier. However, this is necessary for building a strong legal case. Once diagnosed with mesothelioma, individuals should file their claims as soon as possible. Failing to do so within two years can prevent them from seeking compensation.
Navigating the complexities of mesothelioma claims
The complexity of mesothelioma cases reminds us that justice often requires flexibility. Understanding this nuanced approach empowers those affected by asbestos exposure to pursue the compensation they deserve. This way they can receive justice while still managing their health and well-being.