Asbestos Lawsuits
Asbestos lawsuits are filed to compensate asbestos-related diseases. A majority of these cases involve companies that produced, mined or sold asbestos-containing products.
Asbestos-related victims can file a claim to recover damages, including medical expenses, lost wages and other losses. The families of the victims could file claims against multiple accountable parties. In rare instances, claims could be contested in the court.
Asbestos Litigation
Asbestos causes a variety of health issues in people, including mesothelioma, lung cancer, and a host of other ailments. They sue the businesses who exposed asbestos in order to receive compensation. This is called asbestos litigation. Asbestos lawsuits fall under the personal injury section of the law. This means that these claims are filed in individual lawsuits, not in group lawsuits. However, courts may combine asbestos cases against the same defendants for easier processing.
A mesothelioma lawyer will gather evidence to prove that a person has been affected by asbestos exposure. This could include medical records, other documents, and testimony from a medical specialist. Asbestos victims also may need to look over their work history, including the union and employment records. This can be a time-consuming process, but it is vital to the success of an asbestos lawsuit.
The proof that the person was exposed to asbestos is crucial to an asbestos lawsuit. This is the most difficult part in a claim for mesothelioma because it requires reviewing the employment and union records as well as speaking with coworkers. In some cases it is possible to review more than 40 years of worker records.
Some types of workers are more likely to be exposed to asbestos than other types. This includes asbestos miners and construction workers who work on areas that contain asbestos, like schools or hospitals, or refineries. Other professions that are at risk of being exposed to asbestos include machinists, electricians and painters.
Asbestos may become airborne and inhaled by the workers and those around. Asbestos particles can remain in the lungs for a lengthy period of time, which can cause serious medical problems. This is why it's vital to anyone who believes they may be suffering from asbestosis to seek medical attention immediately.
It can take 10-20 or even 30 years for a diagnosis of mesothelioma to be established, so it is essential that anyone who suspects they have an asbestos-related disease seek medical attention immediately. Victims could be able to sue the companies that exposed them to asbestos and may be able to receive compensation from a trust fund or an insurance company that has assumed the responsibility for the asbestos manufacturer who originally posed the risk.
Asbestos Diseases
Asbestos is a naturally occurring mineral fiber that has three kindsamosite, chrysotile and anthophyllite. They were mined for centuries because of their unique thermal insulating properties. Due to its strength and resistance to fire, asbestos is employed in a variety industrial and commercial products like building insulations, ship hulls, and ceiling tiles. Millions of people have been exposed to asbestos over their lives.
Asbestos exposure may cause various diseases that affect the lungs and digestive tract. Mesothelioma and lung cancer the two most dangerous asbestos-related illnesses, are the most common. People who have been exposed to asbestos for extended periods of time are at the greatest risk of developing these diseases.
Asbestos exposure can also cause non-cancerous lung disorders like asbestosis and the formation of pleural plaques or thickening. These conditions are caused by scarring of the lungs due to asbestos fibers, which can hinder the ability of the lungs to supply oxygen to the bloodstream. Plaque or thickening of the pleura is usually a sign an individual is at higher risk of having more serious asbestos-related lung problems, such as mesothelioma or asbestos cancer.
Mesothelioma is a rare form of cancer, affects the linings of the lungs and the lower digestive tract. It is most often caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma usually develops years after initial exposure and may not manifest any symptoms until the late stages of the disease.
Each year, 3,000 Americans are diagnosed mesothelioma. Those suffering from this devastating disease are likely to have been exposed to asbestos for several years at work, most commonly in the construction or military industry. Even the family members of asbestos workers who didn't work directly with it have been affected.
A person diagnosed with mesothelioma, or a family member suffering from the disease may file a lawsuit against asbestos-related companies. State laws, also referred to as statutes or limitations, allow victims and their family members to sue a company within a certain time period after being diagnosed with mesothelioma or being notified of it.
Statute of Limitations
State laws can set a wide range of time limits for asbestos lawsuits. The clock for the statute of limitations usually starts to run when a asbestos lawsuit after death victim learns or should have discovered that their condition is caused by exposure to asbestos. Asbestos cases are distinctive due to the fact that the latency period can be lengthy between the initial exposure and the first diagnosis.
Due to the delayed nature of symptoms, a patient might require numerous medical tests and procedures to definitively determine that an asbestos-related illness was the root cause of their current condition. Furthermore, the health problems could be exacerbated by other health problems or other life circumstances that could have been the cause of their injuries. This is why expert legal advice is essential to determine the time frame of an individual's asbestos-related injuries.
The mesothelium is the layer of tissue that covers all of your major organs. It is most often found in the lungs, but it can also affect the testicles as well as the heart and abdomen. If you or someone you love was exposed to asbestos while at work and was diagnosed with mesothelioma, you may be eligible for financial compensation from companies who mined asbestos, made asbestos-containing products or used them in your workplace.
A mesothelioma settlement or verdict can help victims recuperate lost wages and medical expenses, travel and home care costs funeral or burial expenses of deceased family members, and funeral or burial expenses. Asbestos patients and their families can also seek compensation for mental distress, emotional anxiety, pain and suffering and loss of consortium.
State laws determine the statute of limitations, which can vary depending on the kind of asbestos claim is being made and the details of the case. The statute of limitations in personal injury asbestos cases usually is set at the time of diagnosis. For cases of wrongful death, the statute is set by the date that the deceased family member has passed away.
Get a mesothelioma lawyer with experience immediately to know the state's statutes of limitations. It is crucial to file your lawsuit before the statutory deadline passes, as you will lose your right to do so.
Compensation
In the majority of instances, an asbestos lawsuit settles out of court. A qualified attorney can negotiate compensation on your behalf.
You could be entitled to money for lost wages, medical bills and other expenses associated with the exposure to asbestos. You could also be entitled to compensation for pain and discomfort. In some cases you may be awarded punitive damages in addition to compensatory damages. These are awards made at the judge or jury's discretion to punish a defendant for behavior that goes beyond negligence.
Many mesothelioma patients and those with other asbestos-related diseases do not have enough money to cover expenses. Settlements may help victims and their families receive the medical treatment they require.
In order to file an asbestos lawsuit, you must present proof of exposure to asbestos. Your asbestos lawyer can gather documents, speak with witnesses and review your work history to prove your asbestos exposure. An experienced attorney can determine the cause of your exposure using databases that provide details on a variety of work sites and asbestos-containing products.
Defendants in asbestos claims are liable under one or more legal theories, such as negligence, strict liability and breach of warranty. In negligence cases, the plaintiff has to prove the defendant knew of or ought to have been aware of the dangers of exposure to asbestos but did not take the necessary precautions to protect the victim. In strict liability cases, the court does not require evidence that the defendant committed a negligent act. In the case of breach of warranty, a plaintiff must show that the defendant violated the lawful duty of care by selling a product that was not safe for the purpose it was intended.
A mesothelioma lawyer can help you bring a lawsuit against the companies that are responsible for your exposure to asbestos. In many cases asbestos exposure is the responsibility of several companies. Those responsible can include mining companies, manufacturers of asbestos and asbestos-containing products, employers who used these products and property owners who own or manage asbestos-contaminated sites.
You can also pursue compensation through Department of Veterans Affairs (VA) benefits for mesothelioma and related conditions resulting from military service. VA benefits are based on a person's total lifetime mesothelioma and wrongful death exposure to asbestos. A skilled VA and asbestos attorney can help you navigate the VA claims process and file an accurate claim.