Thursday, August 15, 2013

Mesothelioma Patients Petitions Legislature in Indiana - Law

Mesothelioma patients and their supporters have made larger steps forward in ensuring they are able to pursue legal recourses against the companies responsible for their toxic asbestos exposure. Residents of Indiana have spoken in front of the last legislative session of the year, seeking for changes in the law that prohibits employees and former employees from filing lawsuits against asbestos companies and manufacturers, seeking damages after 10 years have passed.

The Indiana Supreme Courts law can be interpreted such that it limits the compensation exposed workers can receive if they do not file their mesothelioma lawsuits within the 10-year statute of limitations (which is basically 10 years after the exposure date). Based on the current interpretation of the Indiana law, lawsuits are filed within the 10 years, but mesothelioma can take up to 50 years after exposure before showing any symptoms. This presents a problem for many exposed workers as they are unaware of their exposure/illness until well after the statute of limitations runs. In addition to the latency period of the disease, lawyers and victims also have to take into account the time it takes to identify the place, time and amount of exposure each victim experienced.As mesothelioma can take anywhere from 20 to 50 years to manifest, many victims go unaware of their mesothelioma and do not act on filing the lawsuit within the set 10-year statute enacted by the state of In diana. As mesothelioma is a serious, and often fatal, illness, many victims and their families seek financial compensation to help pay for the medical expenses they have accrued or will accrue over the time span of their treatment. Victims also seek financial recovery to help prepare their families for a time when they are no longer around to provide for their spouses and children.

All of the serious medical conditions associated with asbestos exposure are potentially terminal and can lead to death. Mesothelioma victims and their families face an uphill legal battle as time is a key factor with Indianas set statute of 10 years. Mesothelioma victims often do not know they are sick until the statute has already expired and legal recourse is no longer an option at that point for Indiana residents.





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