Whether it was the second World War, the Great Recession, or the years of recovery after these disasters, many of our elderly lived through trying times. Difficult times call for drastic measures, and many of our elderly had to work in conditions that we now know are not safe. Many of the chemicals and substances that they worked with were only recently discovered to be dangerous, and by this point, many of our elderly were already exposed to these harmful substances.

Sometimes, diseases and medical conditions do not manifest until several years after exposure. This is not a rare instance; in fact, there are many diseases that have this particular characteristic. One such example is mesothelioma, a type of cancer linked to asbestos exposure. If you or a loved one has been diagnosed with mesothelioma in Dallas, it’s crucial to consult with a knowledgeable mesothelioma attorney dallas who can help navigate legal options and seek compensation for medical expenses and related damages.

The uninitiated may ask what happens to the people who weren’t aware that they were sick? Can they file a lawsuit even after the prescriptive period?

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time for a legal proceeding to be initiated. This limit varies between jurisdictions and is also dependent on the nature of the offense. For most states, a lawsuit must be filed within two years for work-related injuries, two years for personal injury cases, and three years for exposure to harmful substances. However, what happens when you have an illness that remains dormant for longer than three years?

What Is Mesothelioma?

Mesothelioma is a disease that results from asbestos exposure. Mesothelioma refers to the condition where asbestos fibers cling to the mesothelial cells that form the lining of visceral organs like the lungs and heart. Mesothelioma is a painful disease that can lay dormant for 20 to 50 years, and is common among the elderly.

Risk-Factors for the Disease

Professionals such as firefighters, soldiers, construction workers, hairdressers, farmers, shipyard workers, and mechanics all have a high risk of exposure to asbestos, and by extension, have a higher risk of contracting the disease.

It’s for this reason that many people seek legal assistance from lawyers like the ones from www.bergmanlegal.com to help them secure fair and full compensation for asbestos exposure. This is especially important when the exposure leads to the death of a loved one or when they need money for treatment.

Legal Implications

The link between asbestos and mesothelioma is undeniable, and while it’s difficult for scientists to prove how asbestos causes cancer, the courts do not consider this. Rather, they determine whether a claimant is entitled to compensation through the res ipsa loquitur principle (that the occurrence of an accident implies negligence).

Another legal characteristic of a mesothelioma case is that because the disease can remain undetected for 20 to 50 years, the statute of limitations cannot apply. Instead, the discovery rule is instituted.

What Is the Discovery Rule?

The discovery rule is a principle that extends the statute of limitations when the harm was not obvious (as is the case with dormant illnesses and conditions). The discovery rule means that the statute of limitations starts to run upon discovery of the injury.

In our example, while mesothelioma may stay dormant from 20 to 50 years, the statute of limitations only begins when the disease is discovered. Therefore, a person who discovers that they contracted a disease because of exposure to a harmful substance has three years to file a lawsuit after the discovery of said disease.