How long does a mesothelioma or asbestos exposure lawsuit take?
The amount of time it will take to conduct a trial on your asbestos exposure and/or mesothelioma injury claim can vary greatly. The answer to this question depends on the extent of your injuries, how long you were exposed to asbestos, how long ago the exposure occurred, the availability of witnesses, documents, and other potential evidence, and other important factors. For this reason, it is nearly impossible to estimate how long your trial might take. However, after carefully examining the facts of your particular case, an experienced asbestos injury attorney may be in a much better position to give such a time estimate.
What is vermiculite?
Vermiculite is a naturally occurring mineral that may contain asbestos. Vermiculite has the unusual property of expanding into worm-like accordion shaped pieces when heated. The expanded vermiculite is a light-weight, fire-resistant, absorbent and odorless material. These properties allow vermiculite to be used to make numerous products, including attic insulation, packing material and garden products.
Asbestos contamination in vermiculite and vermiculite products has become a national concern to a variety of federal agencies including the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) Agency for Toxic Substances and Disease Registry (ATSDR), and the Consumer Protection Safety Commission (CPSC), as well as to many private citizens throughout the country. Additional information about vermiculite can be found at http://www.epa.gov/asbestos/verm.html.
Has the federal government established laws or regulations to decrease asbestos exposure?
Yes. In 1989, the U.S. Environmental Protection Agency (EPA) banned all new uses of asbestos; however, uses established prior to 1989 are still permitted. The EPA has also established regulations that require school systems to inspect for damaged asbestos, and to eliminate or reduce the exposure to occupants by removing the asbestos or having it encased. The EPA also regulates the release of asbestos from factories during building, demolition, or renovation to monitor the level of asbestos fibers from damaged materials entering the environment.
In addition to the EPA, other government agencies enforce regulations and policies to reduce asbestos exposure including the U.S. Occupational Safety and Hazard Administration (OSHA), U.S. Consumer Product Safety Commission (USCPS), and various agencies at the state level.
How much time do I have to file my asbestos injury claim?
Most civil lawsuits are governed by filing deadlines called statutes of limitations. These deadlines are set by courts to limit the amount of time plaintiffs have before filing their case. The deadlines vary from state to state and also depend on what allegations are being made, when the plaintiff learned of the alleged wrongdoing by the defendant, and other factors. The bottom line is, if you believe you have been injured, you should not wait before contacting an attorney to determine your possible legal rights. Do not let your meritorious lawsuit be tossed out of court because of a technicality like missing a filing deadline.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
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- Forms of Mesothelioma
- How To Hire a Mesothelioma Attorney
- How is mesothelioma diagnosed?