Not many things are as devastating as being diagnosed with a terminal condition. If you or someone you love has been diagnosed with mesothelioma, you may be eligible for financial restitution through a mesothelioma lawsuit.
However, mesothelioma claims tend to be very complex. To file your claim and receive the compensation you are entitled to, it is important that you act within the statute of limitations period.
Ohio statute of limitations for mesothelioma claims
The statute of limitations for filing a mesothelioma claim begins when you receive a positive mesothelioma diagnosis or when your loved one dies following mesothelioma-related complications. In other words, you can begin showing symptoms of mesothelioma cancer between 10 -50 years after exposure to asbestos. This lapse does not impact your eligibility for compensation. That said, the statute of limitations for mesothelioma claims in Ohio is two years from the date of diagnosis or mesothelioma-related death.
Proving your asbestos claim
As with any claim where you have sustained an injury or lost a loved one, there has to be evidence of damages to justify your mesothelioma claim. It is never enough to just claim that you were exposed to asbestos. If you or your loved one has been diagnosed with mesothelioma, you do not have to prove that you were exposed to asbestos. Rather, you must prove that the defendant manufactured, installed or supplied the asbestos that lead to your illness.
However, if you have contracted another illness, you will need to prove that asbestos was a substantial factor in your illness. As per Ohio statute, the court will take the following into consideration when determining whether the defendant’s asbestos contributed to your illness or loved one’s death.
- The extent to which you or your loved one was exposed to asbestos
- The proximity to asbestos at the time of exposure
- Any factors that facilitated or enhanced your exposure to asbestos
If you or someone you love has been exposed to asbestos, you need to pursue the liable party for damages. Find out how you can safeguard your rights and interests while pursuing a mesothelioma lawsuit.