What are the legal requirements to file an asbestos-related claim?
In South Carolina, filing an asbestos-related claim requires a few steps. First, the person filing the claim must have been diagnosed with a disease caused by asbestos exposure. This means the person must have suffered from mesothelioma, asbestosis, or a related condition as a result of inhaling airborne asbestos fibers. The second requirement is that the lawsuit must be filed within three years of the date of diagnosis, or the date the person knew or should have known that asbestos caused their condition, whichever is earlier. The third requirement is that the lawsuit must name the responsible parties—which may include property owners, manufacturers, suppliers, and employers who knew or should have known about the danger the asbestos posed, but failed to warn or protect those exposed to it. Finally, the plaintiff must establish that the defendant or defendants are liable for their injuries, and that this liability resulted in damages such as medical expenses, lost income, pain and suffering, and other costs associated with the asbestos-related disease. With all these legal requirements met, a person can file a lawsuit in South Carolina in order to seek compensation for an asbestos-related illness or injury.
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