Asbestos is a fire-retardant that was commonly used in many Michigan industries, including the automotive, construction, and shipping industries. In the 1960s, it became widely known that its tiny fibers were small and easily inhaled by workers, and they served as the primary cause of fatal diseases such as lethal malignant mesothelioma. Michigan workers in the automotive industry as well as other industries have faced a risk of developing mesothelioma. Symptoms include difficulty breathing, coughing, and chest pain, and its symptoms may remain mild to sufferers until it is quite advanced. If you acquire mesothelioma, you may wish to consult a personal injury lawyer to determine whether you may have grounds to file a claim. The Grand Rapids and Traverse City mesothelioma attorneys at the Neumann Law Group can help you explore your options.Establishing Liability for Mesothelioma
Mesothelioma may develop even with only minimal exposure to asbestos. For example, some workers brought asbestos fibers home on their clothes, and their children acquired mesothelioma as bystanders. Often, it takes decades after asbestos exposure for mesothelioma to develop; the latency period between exposure and the onset of mesothelioma is 25-40 years. Although asbestos is now known to be the primary cause of mesothelioma, it may still be challenging to obtain compensation. If you regularly encountered asbestos on the job or at any industrial facility where asbestos products were used and developed mesothelioma, you should retain an experienced attorney to help you pursue damages from manufacturers and others that may be responsible.
In Michigan, asbestos cases are to be processed as personal injury claims, which must be submitted within three years following the discovery of mesothelioma, which is usually the date of diagnosis. Under case law, even if an individual diagnosed with mesothelioma dies from mesothelioma, the statute of limitations is still three years from when the decedent knew or should have known that they had an asbestos-related disease.
There are several different product liability theories that may be used to seek compensation for the tremendous losses associated with mesothelioma, including strict liability. In a product liability lawsuit, parties in the chain of distribution, such as the manufacturer, may be held legally responsible for injuries caused by an unreasonably dangerous product. If strict liability does not apply to a particular mesothelioma claim, then we can pursue a claim for damages under a negligence theory. To prove negligence in the context of a mesothelioma claim, one must prove that the defendant owed the plaintiff a duty of care, which the defendant then violated, causing injuries to the plaintiff as a result of the breach of duty. Whichever legal theory your case pursues under, our firm can assist Traverse City and Grand Rapids residents with the complex process of bringing a product liability claim.
The chief difficulty in most mesothelioma cases is establishing causation. Although asbestos is a known dangerous product, simply showing that you worked in an occupation that involved asbestos may not always be enough. For example, an automotive brake worker whose work involved grinding brake lining that contained chrysotile asbestos would still need to establish that doing this work caused their mesothelioma, using scientifically reliable evidence.
It is usually necessary to retain a credible and qualified expert to testify about the causal nexus between a plaintiff's exposure to a particular product and their mesothelioma. The expert may establish a link by using trustworthy scientific literature, including epidemiological studies, as well as their own experience, knowledge, and expertise. Neumann Law group has existing relationships with various medical experts who can make a compelling case for causation to support our clients’ cases.Protect Your Rights by Retaining a Mesothelioma Attorney in Grand Rapids or Traverse City
If you have contracted mesothelioma due to asbestos exposure in your workplace or another setting, our firm may be able to assist you. Our principal, Kelly Neumann, is an award-winning trial attorney. Our Traverse City and Grand Rapids mesothelioma lawyers also represent people in Petoskey, Warren, Holland, Midland, Muskegon, Saginaw, Wyoming, Detroit, Kalamazoo, Lansing, Flint, Ann Arbor, and in Michigan’s Upper Peninsula. We represent clients with claims concerning other toxic torts, including PFC contamination in water systems, as well as issues with Camp Lejeune water contamination. Contact the Neumann Law Group at 800-525-NEUMANN or via our online form to set up a free appointment with an asbestos lawyer.