Single Disease Rule

The single disease rule treats all of a person's asbestos-related conditions as one injury, so one lawsuit must cover both present and future diseases. Under it, the limitations period for every asbestos disease can start with the first diagnosis, even of a mild condition. Most states now follow the separate disease rule instead.

Origin

The rule applies the traditional common-law rule against splitting a cause of action: one injury, one lawsuit, with damages for all past and future harm. As asbestos cases multiplied in the 1980s, many courts concluded it fit poorly with diseases that appear years apart, and moved to the separate disease rule; some states took longer or kept parts of the older approach.

Significance in Asbestos Context

Where it applies, the single disease rule creates a hard choice for someone diagnosed with pleural plaques or mild asbestosis. They must sue promptly, and any award must try to account for the possibility of a later cancer, which juries can only estimate, or risk losing the cancer claim when it appears. That is why the difference between the two rules matters so much to families. Even in states that follow the separate disease rule, similar problems can arise through a broad release signed in an earlier settlement, or through state laws that require a minimum level of impairment before a nonmalignant claim can proceed. Because states have moved on this question over time, and the law that applies may depend on where the person was exposed, lived or filed, the rule for a particular case has to be checked against current state law.

Example Sentence

Under the single disease rule his state once followed, his earlier asbestosis lawsuit would have barred a later mesothelioma claim.

Related Terms

Separate Disease Rule, Statute of Limitation, Discovery Rule, Release, Pleural Plaques, Asbestosis, Medical Criteria Statute

Notes

• If you have a nonmalignant asbestos diagnosis, ask a lawyer which rule your state follows before deciding whether to file.
• Keep copies of any earlier asbestos complaint or release; they may matter if a new disease appears.