Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. Many of these cases involve companies that produced, mined or sold asbestos-containing products.
Asbestos-related victims may file a claim to recover damages such as medical expenses, lost wages, and other losses. The victims and their family members may file claims against several accountable parties. In rare cases, claims could be challenged in the court.
asbestos attorneys Litigation
Many who work with asbestos suffer from a variety of health problems, including mesothelioma and lung cancer among other diseases. These victims often sue the companies who exposed them to asbestos to seek compensation. This is referred to as asbestos litigation. Asbestos lawsuits fall under the personal injury category of law. The cases are filed as individual and not as part of a collective lawsuit. Courts often combine several asbestos cases filed against the same defendants to make processing easier.
A mesothelioma lawyer will collect evidence to prove that a victim was exposed to asbestos. The evidence could comprise medical documents and other records, as well as testimony from an expert in medical science. Asbestos sufferers may also have to examine their work history, which includes their union and employment records. This can be a lengthy process, but it is vital to the success of an asbestos lawsuit.
The proof that the victim was asbestos-exposed is essential to a successful asbestos lawsuit. This is the most difficult aspect in a mesothelioma case since it requires a thorough review of the union and employment records and also speaking to co-workers. In certain cases, it may be necessary to look through more than 40 years of records of workers.
Certain kinds of workers are at greater risk of exposure to asbestos than other types of workers. This includes asbestos miners as well as construction workers who work on areas containing asbestos, such a schools or hospitals, as well as refineries. Painters, machinists and electricians are also at risk of exposure to asbestos.
Asbestos may become airborne and be inhaled both by the workers and those around. Asbestos fibers can stay in the lungs for prolonged periods of time and cause serious medical problems. It is crucial to ensure that anyone who suspects they might be suffering from asbestos issues seeks immediate medical attention.
Mesothelioma can take up to 30 years to be diagnosed and, therefore, anyone who suspects they have asbestos-related cancer should seek medical attention as soon as possible. Victims could be able to pursue legal action against the companies that exposed them to asbestos, and they may also be able to obtain compensation from a victim's trust fund or an insurance company that has assumed responsibility for the asbestos manufacturer who originally posed the risk.
Asbestos Diseases
Asbestos, a natural mineral fiber that is found in three formsamosite, chlorosotile and anthophyllite, has been mined for centuries due to its unique thermal insulation properties. Because of its durability and resistance to fire, asbestos was utilized in a variety of commercial and industrial products, such as ship hulls, building insulation ceiling tiles, as well as paints for fireproofing that contain chemicals. It is estimated that millions of people were exposed to asbestos during their lives.
Asbestos exposure can cause various diseases that affect the lungs and digestive tract. Mesothelioma and Lung cancer the two most dangerous asbestos-related diseases, are among the most frequent. People who have been exposed to asbestos for long periods of time are at the highest risk for developing these health issues.
Asbestos exposure can cause non-cancerous lung diseases like asbestosis, the formation of pleural plaques or thickening. These conditions result from lung scarring caused by asbestos fibers. They affect the lung's capacity to effectively transport oxygen into the bloodstream. Plaque thickening or pleural thickening can be a sign of a higher risk for asbestos-related lung diseases like asbestosis and mesothelioma.
Mesothelioma is a rare type of cancer that affects the lining of the lungs (pleura) and the lining of the abdominal cavity and lower digestive tract (peritoneum). It is usually caused by asbestos exposure, and is often fatal when diagnosed. Mesothelioma can be diagnosed decades after exposure and symptoms may not appear until late in the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma every year. Those who have this deadly condition were probably exposed to asbestos during many years of work typically in the construction or military industries. Even relatives of workers who didn't directly deal with asbestos have been afflicted.
Anyone who has been diagnosed with mesothelioma, or who has a loved one who suffers from mesothelioma can sue for asbestos damages against companies responsible for their exposure. State laws, also known as statutes of limitations generally permit victims or their families to sue within a specific period of time after their diagnosis or discovery of mesothelioma.
Statute of Limitations
State laws can provide an array of time limits for asbestos lawsuits. The clock of the statute of limitations usually starts to run when a victim learns or should have realized that their illness was caused by asbestos exposure. Asbestos cases can be distinct due to the long interval between exposure and diagnosis.
A patient might require multiple medical tests to determine if asbestos-related illnesses are the cause of the current health issue. A victim's health issue may be exacerbated by other medical conditions or circumstances. This is why expert legal advice is essential for establishing the timeline of a person's asbestos-related injuries.
Mesothelioma is a type of cancer that affects the mesothelium, the tissue that covers your major internal organs. It's most commonly found in the lungs, but it can also affect the testicles as well as the heart and abdomen. If you or someone close to you was exposed to asbestos and developed mesothelioma in the past, you may be entitled to financial compensation from the companies who mined, manufactured or used asbestos-containing products in your workplace.
A mesothelioma settlement or verdict could help victims recover lost wage and medical expenses as well as home and travel costs funeral or burial costs of deceased family members, and funeral or burial costs. Asbestos patients and their families may also seek damages for emotional distress, mental anxiety, pain and suffering and loss of consortium.
The statute of limitations is governed by state law, and can vary depending on the type of asbestos claim and the specifics of the case. For example, the statute of limitations for personal injury asbestos claims typically begins to run at the time of a person's diagnosis, however for claims involving wrongful deaths the statute of limitations is typically set at the time of a deceased family member's death.
The best method of determining the statute of limitations in your state is to talk to an experienced mesothelioma lawyer as soon as possible. You'll lose your rights to file your lawsuit by the statutory deadline.
Compensation
The majority of asbestos attorneys lawsuits are settled outside of the court. A competent attorney can negotiate compensation on your behalf.
You could be eligible to compensation for medical expenses, lost wages and other expenses related to asbestos exposure. You can also receive damages for suffering and pain. In certain circumstances you may be awarded punitive damages in addition to your compensatory damages. These are awards that are made by a judge or jury at their discretion to penalize the defendant for actions that go beyond simple negligence.
Many mesothelioma patients as well as those with other asbestos-related diseases do not have enough money to cover the costs. Settlements can help patients and their families get the medical treatment they require.
You must provide solid evidence of exposure to asbestos when filing a lawsuit. Your asbestos lawyer will be able to collect documents, speak with witnesses, and study your work history to document your exposure to asbestos. A skilled attorney can also use databases to determine the source of exposure which contain information on thousands of asbestos-containing products as well as job websites.
The defendants in an asbestos lawsuit can be held liable under one or more legal theories, such as negligence, strict liability, and breach of warranty. In negligence cases, the plaintiff has to demonstrate that the defendant knew about or ought to have known about asbestos exposure risks but did not take the necessary precautions to protect the victim. In strict liability cases, the defendant does not have to be found negligent. In the case of breach of warranty, the plaintiff must demonstrate that the defendant breached the lawful duty of care by selling an item that was unsafe for its intended purpose.
A mesothelioma attorney can help you bring a lawsuit against the companies that are accountable for your exposure to asbestos. Often, several different companies are responsible for an individual's exposure. 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.