Boston Injury Lawyer Blog
Asbestos is a naturally occurring mineral that used to be a key component of many industrial and construction products. Unfortunately, asbestos also happens to be highly-carcinogenic.
Mesothelioma is a slow-growing type of cancer caused by exposure to asbestos. Although this carcinogenic substance has been mostly-banned since the early 1980s, exposure is still possible.
Even people who haven’t worked with asbestos in decades can be at risk of asbestos-related disease. In fact, symptoms of mesothelioma can take up to 40 years to appear. For many people, the diagnosis comes too late.
If you have been diagnosed with mesothelioma or another asbestos-related disease, what are your options? With diagnoses often coming decades after exposure, what is the statute of limitations on mesothelioma lawsuits? A Boston personal injury lawyer can help you determine how to proceed if you’ve been diagnosed with mesothelioma.
How Does Asbestos Cause Mesothelioma?
Mesothelioma is only caused by asbestos exposure. Asbestos has long been used for its fire-retardant properties. When microscopic particles of asbestos are released into the air in the form of dust, they can be inhaled, becoming lodged in the lungs or digestive system. These particles can lead to inflammation of the lungs or abdomen, leading to chronic health problems or mesothelioma.
Before the dangers of asbestos were widely known, it was used in everything from brake pads and cement to electric ovens and hotplate wiring. Asbestos exposure is still common in shipyards, oil refineries, power plants, auto repair shops, and in sites involving the construction or demolition of buildings built prior to 1980.
MA Follows the General Tort Statute of Limitations
If you have been diagnosed with mesothelioma, you must file a lawsuit within a certain amount of time. This is known as the statute of limitations. Although this time period varies from state to state, Massachusetts does not have a statute of limitations specific to asbestos-related illnesses. As such, the statute of limitations for mesothelioma lawsuits in MA follows the general tort statute.
The general tort statute holds that a lawsuit must be filed within three years of the cause of action, which – in this case – would be the plaintiff’s diagnosis of mesothelioma or another asbestos-related disease. If the individual dies of mesothelioma, the three year statute of limitations would begin on the date of death, or on the date the heirs should have known about their loved one’s diagnosis, whichever comes first. A MA personal injury attorney can help you recover damages if you’ve been diagnosed with mesothelioma.
Symptoms of Mesothelioma
As stated above, mesothelioma symptoms may not appear for decades. As such, if you worked with mesothelioma in the past, it may be a good idea to talk to your doctor, even if you aren’t experiencing symptoms. If you are experiencing any of the symptoms below, seek immediate medical attention:
- Pain or pressure in the chest, especially under the ribs
- Shortness of breath
- Coughing, especially if painful
- Strange lumps under the skin on your chest
- Sudden weight loss
- Pain in the abdomen
- Swelling in the abdomen
- Strange lumps in the abdomen
Don’t Delay
When it comes to mesothelioma diagnoses, it is extremely important to take immediate action. The statute of limitations is one reason, but mesothelioma cases are complex for other reasons as well. The plaintiff often has the added obstacle of linking his or her mesothelioma directly to a past employer that may have gone out of business 10 or 20 years ago. Fortunately, mesothelioma trust funds have been set up to protect plaintiffs who cannot recover damages from bankrupt employers, but the process can be time consuming.
Altman & Altman, LLP – Boston’s Top Personal Injury Law Firm
If you have been injured due to another’s negligence, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of accident and injury victims for more than 50 years. If you are suffering from mesothelioma or another asbestos-related illness, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other associated costs. Contact Altman & Altman, LLP today for a free and confidential about your case.
