Asbestos and mesothelioma law in new jersey
New Jersey has a complex legal landscape when it comes to asbestos and mesothelioma cases. Here's an overview of the laws and regulations that apply:
Asbestos Exposure and Mesothelioma in New Jersey
Asbestos was widely used in New Jersey's construction, manufacturing, and industrial sectors from the 1940s to the 1980s. Exposure to asbestos fibers has been linked to the development of mesothelioma, a deadly and aggressive form of cancer.
Statute of Limitations
In New Jersey, the statute of limitations for filing a mesothelioma lawsuit is two years from the date of diagnosis. However, there are some exceptions:
- If the plaintiff was a minor at the time of diagnosis, they have until their 21st birthday to file a lawsuit.
- If the plaintiff was incapacitated or mentally incompetent at the time of diagnosis, they have until they regain capacity to file a lawsuit.
Asbestos Trust Funds
Many companies that used asbestos in their products or operations have established trust funds to compensate victims of asbestos-related diseases. These trust funds are designed to provide a quick and efficient way for victims to receive compensation.
In New Jersey, there are several asbestos trust funds that have been established, including:
- The Manville Trust Fund
- The Johns-Manville Trust Fund
- The Owens-Corning Trust Fund
- The Celotex Trust Fund
Filing a Lawsuit
To file a mesothelioma lawsuit in New Jersey, you'll need to:
- Identify the parties responsible for your exposure to asbestos.
- Gather evidence of your exposure, including work records, medical records, and witness statements.
- Consult with an experienced asbestos and mesothelioma attorney.
- File a complaint with the court, which will initiate the legal process.
Damages and Compensation
In a successful mesothelioma lawsuit, you may be entitled to compensation for:
- Medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Funeral expenses (in the event of a wrongful death)
Asbestos Litigation in New Jersey
New Jersey has a large and complex asbestos litigation landscape, with thousands of cases filed each year. The state has a specialized asbestos docket, which is designed to streamline the litigation process and ensure that cases are resolved efficiently.
Resources
If you or a loved one has been diagnosed with mesothelioma in New Jersey, here are some resources that may be helpful:
- The New Jersey Asbestos Litigation Group (NJALG)
- The Mesothelioma Applied Research Foundation (MARF)
- The Asbestos Disease Awareness Organization (ADAO)
- The New Jersey Department of Health's Asbestos Program
Conclusion
Asbestos and mesothelioma law in New Jersey is complex and nuanced. If you're considering filing a lawsuit, it's essential to consult with an experienced attorney who has a deep understanding of the state's laws and regulations. With the right legal representation, you may be able to secure the compensation you need to cover your medical expenses and other losses.