Are there any specialized legal considerations for an asbestos-related lawsuit?
Yes, there are some specialized legal considerations for an asbestos-related lawsuit in South Carolina. Lawsuits related to asbestos can be complicated with a number of unique elements to consider. The first thing to consider is the statute of limitations, which in South Carolina is three years from the date of the injury. This means that if you are suing for an asbestos-related illness, you must bring your lawsuit within three years of the date you knew, or should have known, about the injury. In South Carolina, if you are suing for wrongful death, you have two years from the date of death, but no more than four. In addition, South Carolina courts follow the rule of comparative negligence, which means that a plaintiff’s share of fault can reduce their damage award. It is also important to remember the discovery rule, which states that the statute of limitations does not start to run until you knew, or should have known, that you had suffered an injury from asbestos exposure. This means that the statute of limitations may be extended for some claimants. When filing a lawsuit, it is important to remember that South Carolina courts permit claims involving asbestos and other toxic substances to be filed as class action lawsuits. This means that any claimant can join with other claimants to file a single lawsuit against multiple defendants. Overall, there are many legal considerations for an asbestos-related lawsuit in South Carolina. It is important to speak with a lawyer who understands the complexities of this type of lawsuit in order to ensure that you are adequately represented.
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