Understanding Your Legal Rights: Right to File a Lawsuit
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related illness, you may be wondering what legal options exist. This page provides general information about the legal rights available to Missouri residents affected by asbestos exposure. It is not legal advice, and you should consult a qualified attorney to discuss your specific situation.
What Is Asbestos Exposure?
Asbestos is a naturally occurring mineral that was widely used in construction, manufacturing, shipbuilding, and automotive industries for much of the 20th century. When asbestos fibers are disturbed, they can be inhaled or ingested and may become lodged in the lining of the lungs, abdomen, or heart. Over time, this exposure can lead to serious illnesses, including mesothelioma, lung cancer, and asbestosis. Because symptoms often take decades to appear, many people are diagnosed years or even decades after their exposure occurred.
Your Right to Seek Compensation
In Missouri, individuals who develop asbestos-related diseases generally have the right to file a civil lawsuit against the companies responsible for their exposure. This right exists regardless of whether the exposure happened at work, in a military setting, or through secondhand contact, such as washing the clothes of someone who worked with asbestos. The purpose of a lawsuit is to seek financial compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the illness.
Types of Lawsuits
There are two main types of legal claims that may be available to someone affected by asbestos exposure:
- Personal injury claims: Filed by the person who has been diagnosed with an asbestos-related illness. These claims seek compensation for the individual’s own medical costs, lost income, and pain and suffering.
- Wrongful death claims: Filed by the family members or estate of a person who has died from an asbestos-related disease. These claims seek compensation for funeral expenses, loss of financial support, and the loss of companionship.
In some cases, claims may also be brought against asbestos trust funds. Many companies that used or manufactured asbestos products established these funds through bankruptcy proceedings to compensate people harmed by their products. Filing a claim with a trust fund is often a separate process from filing a lawsuit.
Missouri-Specific Considerations
Missouri has its own laws that affect how and when asbestos lawsuits may be filed. One of the most important factors is the statute of limitations, which is the time limit for bringing a claim. In Missouri, the time limit generally begins to run when the illness is discovered or reasonably should have been discovered. Because asbestos-related diseases often take years to appear, this rule is significant for many plaintiffs. The specific time limits can vary depending on the type of claim and the circumstances, so it is important to act promptly and seek guidance from an attorney familiar with Missouri law.
Missouri courts also have rules about where a lawsuit may be filed. Generally, a case must be brought in a county where the defendant does business or where the exposure occurred, though other factors may apply. An attorney can help determine the appropriate venue for a particular case.
What to Expect in the Legal Process
Filing a lawsuit typically begins with an investigation to identify where and when exposure occurred and which companies may be liable. This often involves reviewing employment records, military service records, and product histories. Once a claim is filed, the case may proceed through discovery, where both sides exchange information, and may ultimately be resolved through a settlement or a trial. Many asbestos cases are resolved through settlements, but every case is different.
Taking the Next Step
If you believe you have been affected by asbestos exposure, the most important step is to speak with a qualified Missouri attorney who handles asbestos and mesothelioma cases. An attorney can explain your rights, evaluate the facts of your situation, and help you understand what options may be available. Acting within the applicable time limits is critical, so do not delay in seeking guidance.
This page is for general informational purposes only and is not legal or medical advice. Reading it does not create an attorney-client relationship. Consult a licensed attorney or physician about your specific situation.
