The law allows mesothelioma patients and their families a window of time in which they are allowed to file a lawsuit. Each state determines its own deadline for mesothelioma personal injury suits and wrongful death claims. If you or a family member have been affected by mesothelioma, contact a mesothelioma attorney from South Carolina at the Shelly Leeke Law Firm for advice.
The Statute of Limitations for Mesothelioma
If you or someone you care about has been diagnosed with mesothelioma, the statute of limitations sets the timeline for filing a claim. Each state determines its own deadline for filing. In some states, the time limit for filing a personal injury claim is different from the deadline for filing a wrongful death suit.
In South Carolina, the timeline is the same for the two. If you discover you have been afflicted by this asbestos-related illness, contact our office to discuss what recourse you may have. In South Carolina, you have three years from the date of the diagnosis or the date that the wrongful death occurred to file a suit.
If you contracted the disease outside of the state, we can offer you guidance about each state’s statute of limitations on personal injury and wrongful death.
To secure financial compensation, it is crucial that you are aware of the timeline you are working within and have solid legal advice throughout the process.
Diagnosis, Not Exposure
If you have mesothelioma, but the exposure took place a long time ago, you may think there is no way to recover damages. However, that could not be further from the truth. The statute of limitations does not begin with exposure.
It begins with a diagnosis or a wrongful death. Mesothelioma does not become evident overnight. So, rest assured if you have recently been diagnosed that, the clock begins ticking upon diagnosis. Or, tragically, upon the death of a loved one who died due to mesothelioma.
Statutes of Limitations for Personal Injury Mesothelioma Cases
Following a mesothelioma diagnosis, you will be faced with a deadline for filing suit. It is in your best interest to speak with an experienced member of the team at the Shelly Leeke Law Firm to make sure that all deadlines are met and paperwork is filed correctly.
Failure to meet one of these crucial guidelines could jeopardize the compensation you are entitled to receive. Mesothelioma is known to take years to progress following exposure. Because you may not realize you have been exposed, there is no way to file until the asbestos presence has made itself known in your body. Once you have been diagnosed, there is a deadline for filing a lawsuit looming.
We Want You to Be Fairly Compensated
If you are suffering from mesothelioma due to asbestos exposure or have lost a loved one to mesothelioma, we want to help. You may be entitled to economic and non-economic damages. We will review your case and help you to determine the damages to which you are entitled.
Economic Damages
Economic damages are more simple to assign a dollar amount to since they are the financial losses you or your loved one experienced because of their mesothelioma diagnosis. Listed below are some of the economic damages you may seek compensation for:
- Medical expenses can quickly mount with mesothelioma. When pursuing a lawsuit, they will feature heavily in the settlement package you seek.
- If you have missed time at work or are no longer able to work because of your mesothelioma diagnosis, you will also ask for compensation for the loss of your income.
- Loss of future earnings since you may not be able to return to work or may not be able to return to the job you once performed may also be available to you through a compensation package.
- Travel costs can be more expensive than you would imagine. If you have to travel to receive treatments or see your medical team, that will be considered part of the settlement we pursue on your behalf.
Non-Economic Damages
Non-economic damages are somewhat more subjective since there is not a direct monetary amount attached to them. You might be entitled to recover compensation for the following types of non-economic damages:
- Pain and suffering, which can cause life to be much more challenging than it should be, could be owed to those who suffer from mesothelioma due to exposure to asbestos.
- Loss of enjoyment of life is as difficult as it sounds. If you have lost the ability to participate in or enjoy activities you did prior to your struggle with mesothelioma, you may be able to seek damages because of it.
- Emotional anguish can take its toll on a mesothelioma sufferer. Exposure to asbestos so many years ago can still impact your life when the symptoms start, and you realize what you must deal with going forward. You should be eligible for compensation.
Wrongful Death Cases
If you lost a loved one to mesothelioma, you may be entitled to compensation for their wrongful death. Though we understand that you can never be fully compensated for the loss of someone you love, we can pursue a financial settlement that may make the financial burdens easier to bear. Listed below are some of the economic damages you may be entitled to receive compensation for:
- Medical expenses such as hospital stays, prescriptions, pharmaceuticals, treatments, and doctor bills should be accounted for in a settlement agreement.
- Families struggle after the death of a loved one in part because their financial contribution to the family is no longer there. Their lost wages are considered a damage you can pursue.
- Funeral expenses may also be available.
Non-Economic Damages for Wrongful Death
Non-economic damages are also available for the following types of damages:
- Pain and suffering that the decedent experienced prior to their death.
- Loss of companionship and protection for the spouse who survived them.
- Pain and suffering experienced by the spouse of the decedent.
- Minor children are entitled to compensation for the loss of parental guidance, companionship, and training.
- Children are also eligible for pain and suffering compensation.
Contact Shelly Leeke Law Firm Today
If you or a loved one has been diagnosed with mesothelioma, the time to contact a South Carolina Mesothelioma attorney with Shelly Leeke Law Firm is now. We understand the ins and outs of mesothelioma cases and are ready to offer you guidance through yours. You can rest assured that all your deadlines will be met.
