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Who Is Liable for Asbestos Exposure?

David C. Thompson, P.C. March 23, 2023

Every year, many residents and workers suffer serious injuries, medical complications, and other health problems due to asbestos exposure. Thankfully, North Dakota laws allow victims to recover damages by filing a workers' compensation claim, personal injury claim, or lawsuit against the responsible party. A highly-skilled North Dakota personal injury attorney can review every detail of your case and help determine the liable party. 

For more than 40 years, Attorney David C. Thompson has given experienced legal services representing clients in their asbestos exposure claims. Using his broad knowledge, he can tell you about your options to recover damages and fight compassionately on your side to pursue the financial justice you deserve. The firm proudly serves clients across Grand Forks, Fargo, Bismarck, Minot, and surrounding areas throughout the state of North Dakota. 

Asbestos Exposure Claim  

According to North Dakota laws, a person who suffers an injury, health issue, or medical complication as a result of asbestos exposure may pursue damages by filing a claim. Depending on the surrounding circumstances of the exposure, the victim may seek compensation through any of the following options: 

Occupational Exposure Claim 

Employees who are exposed to fumes, smoke, poisonous, or toxic chemicals at the workplace may file a workers' compensation or occupational exposure claim. In North Dakota, the injured employee may be able to recover the following benefits: 

  • Medical benefits 

  • Wage-loss benefits 

  • Compensation for services needed to return to work. 

  • Reimbursement for personal expenses 

  • Disability payments 

  • Permanent partial impairment benefits 

  • Death benefits 

Tort or Personal Injury Claim 

Additionally, if the asbestos exposure was due to another person's wrongful or negligent act, the injured party may be eligible to bring a tort claim or personal injury action against the at-fault party. To recover damages, you can proceed by: 

  • Filing a claim with your insurance provider. 

  • Filing a third-party claim against the at-fault party's insurer. 

  • Filing a lawsuit against the at-fault party in civil court. 

Wrongful Death Claim  

However, if the asbestos exposure results in the victim's death, their surviving loved ones may be entitled to recover wrongful death damages. Under North Dakota laws, any of the following parties may be eligible to file a wrongful death claim. 

  • The decedent's surviving spouse. 

  • The decedent's surviving child or children. 

  • The decedent's surviving parents or guardian. 

  • The decedent's surviving grandparent. 

  • The personal representative or executor of the deceased person's estate. 

An experienced North Dakota asbestos exposure attorney can explore your available legal options to pursue damages and help you file your claims within the required time frame. 

Statute of Limitations  

Here are the different statutes of limitations for asbestos exposure claims in North Dakota: 

Workers' Compensation: All workers' compensation claims seeking benefits for a workplace accident, injury, or illness must be filed within one (1) year after the injury or within two (2) years after the victim's death. 

Personal Injury Claim: The statute of limitations for mesothelioma and asbestos exposure claims in North Dakota is six (6) years from the date of the exposure or the date the injury was discovered. 

Wrongful Death Claim: The statute of limitations for wrongful death claims in North Dakota is two (2) years from the date of the victim's death. 

Who Can Be Held Liable? 

Furthermore, a different number of parties and entities may be held liable for asbestos exposure or asbestos-related injuries. These include: 

  • The employer who use asbestos-containing products 

  • Manufacturer of asbestos product 

  • Raw asbestos manufacturers 

  • Mining company 

  • Distributor 

  • Owner of premises contaminated by the asbestos 

  • Storage products or premises that were supposed to mitigate exposure 

A seasoned attorney can review every facet of your case to determine the responsible party, file multiple claims on your behalf, and help establish liability. 

Proving Liability 

In order to prove fault and establish liability in your asbestos exposure claims, you must show the following elements: 

  • The at-fault party had a legal duty to provide a safe product. 

  • The at-fault party breached their expected legal duty due to their negligence. 

  • The breach or at-fault party's negligent acts caused your injury or asbestos exposure. 

  • You suffered bodily injuries, harm, and other damages. 

A trusted personal injury attorney can seek to prove liability and help you pursue fair financial compensation for your injuries, damages, or losses. 

Experienced Guidance Every Step of the Way 

Asbestos exposure can be devastating and can result in serious health issues, including asbestosis, lung cancer, and mesothelioma. In most cases, it may take an extended period to know the magnitude of the damages. Regardless, you’re not alone. Attorney David C. Thompson is committed to advocating for the best interests of asbestos exposure victims and their families. 

As your legal counsel, he can evaluate every surrounding detail of your unique situation, seek to prove fault and establish liability, and determine the extent of your injuries. In addition, David will defend your legal rights, hold the liable party responsible, and help you seek the rightful financial compensation for your injuries. 

Contact David C. Thompson, P.C. today to speak with a seasoned personal injury lawyer. Attorney David C. Thompson can represent you diligently in your claims and help you pursue the maximum possible damages. The firm proudly serves clients across Grand Forks, Fargo, Bismarck, and Minot, North Dakota.