Asbestos Lawsuits
Asbestos lawsuits must prove an individual was exposed to asbestos, and that exposure caused mesothelioma, or any other asbestos-related illness and that the condition has caused financial losses. Compensation for mesothelioma can be paid by companies that manufactured and sold asbestos-containing items.
Although asbestos litigation can seem intimidating however, your lawyer will manage every aspect of the case. However, you must prepare to disclose details of your health and work background.
The History of Asbestos Litigation
Over the years, asbestos lawsuits have brought millions of dollars in settlements. Recent settlements have been made in cases involving mesothelioma, asbestosis, as well as other illnesses that are related to exposure to this toxic mineral. The vast majority were filed in Illinois.
Companies that mined, produced and sold asbestos products for use in construction projects as well as other industrial sectors were accountable for the asbestos lawsuit. The companies knew that asbestos was a risk, but kept the information from their employees. They also hid medical reports regarding asbestos-related health issues, like mesothelioma or lung cancer. This meant that many victims weren't properly compensated for their losses.
As a result, many asbestos-related companies and employers have gone bankrupt. Asbestos bankruptcy funds were created to aid asbestos victims in receiving compensation. However, there are several bankrupt companies that may be sued for asbestos-related injuries.
Most of the time, the most effective method to bring asbestos claims was through class action lawsuits. These types of suits allow large numbers of people diagnosed with mesothelioma to make asbestos companies accountable for their negligence. However, a court must first determine that there are sufficient similarities to form a class, and that individual lawsuits would be too burdensome or costly for each victim.
Asbestos patients who have been identified as having mesothelioma or any other asbestos-related illnesses must prove that their illness was caused by exposure to asbestos. This can be difficult, as a period of decades could pass between the first exposure and the onset of symptoms. During this period, asbestos executives in companies concealed information from employees and the public by destroying records and omitting proof.
Asbestos-related diseases, such as mesothelioma, can result in additional costs, such as lost wages, travel costs and care for family members. Additionally, many of them are suffering from serious physical and emotional trauma due to mesothelioma. To be able to claim the amount of compensation they are entitled to asbestos patients need to engage a mesothelioma attorney firm with an established successful track record.
Statute of Limitations
Asbestos-related diseases have a lengthy latency time that makes them distinct from other personal injury cases. The statute of limitation or the time limit for filing lawsuits, is based on various factors, including state laws and the location of exposure as well as the moment when symptoms first start to appear. A specialist attorney will be able to comprehend the laws of each state and ensure victims file their lawsuits or trust fund claims within the appropriate time frame.
The traditional personal injury statute of limitations stipulates that the victim be aware or should be aware of their exposure prior to the time they are diagnosed with their condition. But, mesothelioma as well as other asbestos-related illnesses are typically not diagnosed until a long time after the initial exposure. This is why the statute of limitations "clock" does not start when an individual is first exposed to asbestos. The clock begins when symptoms are first identified.
It is crucial that asbestos victims seek the help of an asbestos lawyer as fast as is possible. A lawyer who is specialized in this field will be familiar with the laws of each state and can review any potential case free of cost. They can also prepare the required documentation, notify defendants, construct a solid evidence-based case, and settle a case or seek an award from a jury.
In addition, an experienced mesothelioma lawyer will assist families in filing wrongful death lawsuits following their loved ones' deaths from asbestos-related diseases. This kind of lawsuit is filed by a deceased family member, such as a spouse, parent, child, or siblings. Wrongful death claims typically have shorter statutes of limitations than personal injury suits.
It is important to submit an action before the time limit expires in order to protect your rights and receive maximum compensation. An asbestos lawyer with expertise can help you determine whether you have a valid claim, what you can do to pursue it and also suggest other sources of compensation like veterans' benefits or trust funds.
Liability
You could be entitled to compensation if or someone you know has been diagnosed with mesothelioma or a related disease. Asbestos lawsuits hold asbestos manufacturers distributors, suppliers, and manufacturers accountable for the harm that they cause. Most often, victims are exposed to asbestos for a long time before they begin to show signs, such as lung cancer or mesothelioma, which is a rare type of cancer that affects the chest cavity's lining and abdomen.
The companies that manufacture asbestos-containing products knowingly concealed health risks associated with these products but failed to warn their workers or the general public about the dangers. As a result, these companies could be held liable for asbestos exposure under strict liability laws or product liability laws. In addition, they are liable under implied warranties of safety, which are offered in the sale of every product and make sure that the product is safe for its intended use.
The law requires that trusts of a large size be set up to compensate asbestos claimants, both current and in the future. These trusts have been depleted, and they must ration payments. However, some are sufficient to pay mesothelioma patients with substantial jury awards or settlements.
Asbestos lawsuits are filed either as product or premises liability lawsuits. Premises liability lawsuits are filed against property owners who permit the exposure of a person to asbestos on their property. Product liability suits are filed against asbestos distributors, producers or retailers who sell asbestos attorney-containing products that pose danger to the consumer.
An experienced mesothelioma attorney can explain the laws that apply to your particular situation and assist you determine which type of claim is best for your particular situation. A lawyer who is asbestos-related is typically paid on a contingency basis, which means that they won't be paid unless they are able to recover funds for their client. This arrangement is a good option for people who don't have the funds to fight a long legal dispute in court.
Damages
A person who has been diagnosed with an asbestos-related disease may be entitled to monetary compensation. In many jurisdictions, the victims can receive compensatory damages which will cover costs such as medical care and lost wages. In some cases, the victim's family can also receive "loss-of-consonance" damages.
The dollar amount a person receives as compensation depends on a number of factors, such as their age, the severity of their illness and prognosis, life expectancy, and the amount of discomfort and pain they've endured due to the exposure. In certain cases victims have received huge settlements and jury awards but in other instances, the amount of money damages awarded is relatively low.
Asbestos lawyers can assist victims receive the maximum amount of compensation they are due. They will scrutinize all documents relating to the exposure of a victim and use of asbestos-related products, and work with their clients to obtain any medical records essential to prove their asbestos-related condition. They will also assist victims and their family members in finding evidence of the effects of asbestos-related products on them.
A knowledgeable mesothelioma attorney will make sure that the defendants are held accountable for their part in exposing patients to asbestos. This could mean pursuing lawsuits against distributors, manufacturers and even employers. We have helped our clients hold companies responsible in the United States, Canada and the Middle East where asbestos products were used to expose many victims.
A victim or their family, depending on the situation may be able file a class action lawsuit. These lawsuits allow the plaintiff to represent an entire group of people who have similar exposures and injuries. This can increase the compensation available for each person.
If you suspect that a person has been diagnosed with mesothelioma or another asbestos-related disease, it's important to contact an attorney right away. Asbestos lawsuits are complex, and victims are often awarded substantial financial compensation. Lawyers can assist victims and their families know the statute of limitations and other regulations that apply to these claims.