What is the Statute of Limitations for Asbestos Injuries in Kentucky?
Your asbestos exposure may have happened decades ago, but you were recently diagnosed with mesothelioma or lung cancer. Have you missed your opportunity to seek compensation for your injuries?
Satterley & Kelley PLLC lawyers in Louisville have more than 25 years of experience helping our clients in Kentucky with asbestos and mesothelioma claims and lawsuits. Thanks to hundreds of millions of dollars in verdicts and settlements we helped them obtain, we’re known as one of the leading Kentucky law firms for those with asbestos-related diseases.
What is Asbestos?
Asbestos is a light, strong, durable mineral fiber that was used in thousands of products over centuries because it’s resistant to the following:
- Heat
- Fire
- Chemicals
- Electricity
If fibers are airborne, people can inhale or swallow them. Asbestos fibers may never leave the body or be destroyed by its immune response.
Why is Asbestos Dangerous?
Asbestos’ microscopic fibers, when released into the air and inhaled or swallowed, can pose serious health risks. The primary reasons why include:
- Easily Inhaled or Swallowed: Asbestos fibers are tiny and lightweight, so they’re easily airborne. When people breathe in these fibers, they can become trapped in the lungs and other parts of the respiratory system. When the fibers get into the mouth and are ingested, they threaten the digestive system, abdominal organs, and the abdomen’s lining
- Health Effects: Prolonged or repeated exposure to asbestos fibers can lead to various severe health conditions, including asbestos (a chronic lung disease causing breathing difficulties, coughing, and reduced lung function), lung cancer (those who smoked have a particularly high risk), mesothelioma (a rare and aggressive cancer that primarily affects the lining of the lungs (pleura) or the abdominal cavity (peritoneum)), and other cancers
- Long Latency Period: Asbestos’ health effects often take years or decades to develop
- Fiber Durability: Asbestos fibers in the body can remain for a long time, possibly for a person’s lifetime, causing continued health risks after initial exposure ceases
- There’s No Safe Exposure Threshold: There is no known safe level of asbestos exposure. Even small amounts over time can potentially lead to health issues
- Secondary Exposure: People who come into contact with asbestos-exposed individuals or environments (such as asbestos workers’ family members) can also be at risk, as fibers can be carried on clothing, skin, and hair).
Compared to the period of asbestos’ peak use (Industrial Revolution through the 1970s), overall, few new products contain asbestos for sale. Asbestos-containing vehicle parts were widely used for decades. They’re less common now, but they’re still used.
What is a Statute of Limitations?
A statute of limitations is a deadline to file a lawsuit. If you miss that deadline in an asbestos case, as a practical matter, you’ve lost your ability to claim damages or take legal action against those who injured you.
What is the Statute of Limitations for Kentucky Asbestos Cases?
Kentucky has a one year statute of limitations, which means you have one year to file your lawsuit. However, it is not as simple as it seems. Kentucky has adopted the Discovery Rule, which allows people to file their claim a year from the date they know or should know if they have an injury and know or should know its cause. Oftentimes, the statute of limitations begins to run from the date of diagnosis, but frequently, it starts sometime after diagnosis because the patient does not know how he or she was exposed. However, you have a duty to investigate the cause of your injury upon diagnosis. As a practical matter, you want to file your lawsuit as soon as possible, given the severity of asbestos-related diseases.
If a family member is diagnosed with an asbestos-related condition and dies within the year without filing legal claims, a wrongful death lawsuit can be filed by the personal representative of his or her estate. The personal representative has one year from the date he or she is appointed as the personal representative of the estate to file a lawsuit.
What Problems Do Those With Asbestos-Related Diseases Have With Filing Lawsuits in Time?
Plaintiffs in asbestos cases face two filing issues:
- Someone exposed to asbestos may not contract a related disease for another ten to 50 years. The person could file a lawsuit the day after their exposure, but it would be dismissed because they have no identifiable injury. Depending on the level of exposure and how their body responds to asbestos, a person may never suffer a related disease
- If they wait too long, more than a year after their diagnosis, their legal claims will be dismissed because they’ve gone beyond the statute of limitations
There are also practical considerations.
We need to know who to sue to file a lawsuit or claim against an asbestos bankruptcy trust. People often don’t know where they were exposed, how, or which products caused their exposure.
We work with these clients to try to nail down this information, often thanks to information we’ve developed over the years handling hundreds of these cases. Our staff will also try to find former coworkers to see if they have any helpful information.
Moving as quickly as possible is critical. You or your family need to contact our office immediately after a diagnosis. We must also start moving on the case because if your health suddenly worsens, your case becomes more difficult to pursue, and frequently, we can’t find former coworkers to help back up claims.
Call Us Today For a Free Consultation
After a diagnosis, there’s no time to waste because there’s a lot of work behind an asbestos claim or lawsuit. We can work together to build your case before the statute of limitations expires so you can get the most compensation possible.
Satterley & Kelley PLLC attorneys are your boots on the ground if you or someone you love in Kentucky suffers from mesothelioma or another asbestos-related illness. Call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.