Asbestos Lawsuits
Asbestos lawsuits must prove a person was exposed to asbestos, and that exposure resulted in mesothelioma or another asbestos-related illness and that the condition has caused financial losses. Compensation for mesothelioma can be paid by companies that produced and sold asbestos-containing products.
While asbestos litigation might seem intimidating, your lawyer will handle the entire case. You must be prepared to disclose information regarding your job and medical history.
The History of Asbestos Litigation
Asbestos lawsuits have led to billions of dollars worth of settlements over the years. Recent settlements have been reached in cases involving mesothelioma and asbestosis as well as other diseases that are linked to exposure to this toxic mineral. The vast majority of these cases were filed in the state of Illinois.
The asbestos lawsuit was triggered by companies that mined, produced, and supplied asbestos products for use in construction projects as well as other industries. The companies knew that asbestos was dangerous, but hid the information from their employees. They also concealed medical reports about asbestos-related health problems, such as mesothelioma and lung cancer. Many victims weren't adequately compensated for their losses.
In the process, a number of asbestos-related companies and employers have gone bankrupt. Trusts for asbestos bankruptcy have been created to assist asbestos victims receive compensation. But, there are a number of bankrupt companies that may be sued for asbestos-related injuries.
Most of the time, the most effective method of bringing asbestos claims was through class action lawsuits. These suits allow large numbers of people diagnosed with mesothelioma to hold negligent asbestos companies liable. However, a court must first decide if there are enough similarities to form a class and that individual lawsuits would be excessively cumbersome or costly for each person.
Asbestos-related victims who have been diagnosed with mesothelioma as well as other asbestos-related illnesses need to prove that their illness was caused by exposure to asbestos. This can be difficult, as a period of decades may pass between the initial exposure and the onset of symptoms. In this period, asbestos company executives hid the truth from employees and the public by dismantling medical records and hiding evidence.
Asbestos sufferers need compensation for their losses, including mesothelioma, as well as other expenses related to the disease like lost wages, travel costs and care for family members. Additionally, many victims are dealing with serious physical and emotional trauma as a result of mesothelioma. To be able to claim the amount of compensation they are entitled to, asbestos victims must engage a mesothelioma attorney firm with an impressive successful track record.
Statute of Limitations
Asbestos lawsuits differ from other personal injury lawsuits because of the long time of latency associated with asbestos-related illnesses. The statute of limitations or the time frame for filing a lawsuit, depends on a number of factors including state law as well as the place of exposure, and when symptoms start to appear. A specialist attorney can help victims learn about the laws of each state, and ensure they complete their lawsuits within the required timeframe.
The traditional personal injury statute of limitations requires that the victim know or should be aware of their exposure at the time they are diagnosed with their condition. However, mesothelioma and other asbestos-related illnesses are typically not diagnosed until many years after the initial exposure. The clock for the statute of limitations is not set when an individual is exposed for the first time. The clock begins when symptoms are first noticed.
This is a thorny rule, which is why it is essential for victims to seek the assistance of an asbestos lawyer who is specialized as soon as possible. A lawyer who specializes in this field will be knowledgeable of the laws of every state and will be able to review any potential case at no charge. They can also prepare all required paperwork, inform defendants, and construct an evidence-based case, and then negotiate or argue for the verdict.
Additionally, a seasoned mesothelioma lawyer can help families in filing wrongful death lawsuits in the event of the deaths of loved ones due to asbestos-related illnesses. This kind of lawsuit is filed by a deceased family member like spouse or parent, child or sibling. In general, claims for wrongful death have shorter statutes of limitations than personal injury suits.
The filing of an action within the statute of limitations is crucial to ensure your rights are protected and ensure you 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
If you or someone you love has been diagnosed with an asbestos-related disease like mesothelioma for instance, you may be eligible for financial compensation. asbestos attorney lawsuits hold asbestos producers, distributors, and suppliers accountable for the harm they cause. The majority of 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 manufacturers of asbestos-containing materials knew about the health risks with these products, but did not warn their employees or the general public about the dangers. These companies could be held accountable for asbestos exposure in the event that strict liability laws or product liability law apply. In addition, these companies could be held accountable under implied warranties of safety, which are provided in the sale of every product. These warranties assure that the product is safe for use.
While a lot of asbestos companies that made asbestos-containing products have gone bankrupt the law requires large trust funds be created to compensate present and future asbestos claimants. A lot of these trusts are depleted and have to ration payout amounts, but some are large enough to offer significant settlements or jury awards to mesothelioma patients.
Asbestos lawsuits can be filed as premises liability or product lawsuits. Premises liability suits are filed against property owner who permit asbestos exposure on their property. Product liability lawsuits are filed against asbestos manufacturers, distributors or retailers who knewly sold dangerous asbestos products to people.
An experienced mesothelioma lawyer can explain the laws applicable to your case and assist you in determining what type of claim would be best for your specific situation. A lawyer who is asbestos-related is typically paid on a contingency basis, which means they will not be paid until they can recover the money of their client. This is a great option for those who don't have the financial resources to fight a long legal battle in court.
Damages
Someone who has been diagnosed with an asbestos-related illness may be eligible for compensation. In many jurisdictions, the victims may be awarded compensatory damages that will help cover expenses like medical treatment and lost wages. In certain instances, family member of the victim can be awarded "loss of consortium" damages.
The amount a person will receive as compensation depends on many factors, including their age and the severity of their condition and their prognosis as well as life expectation, and the amount of suffering and pain they've suffered as a result of exposure. In some cases, victims received substantial settlements or jury awards. In other cases, the amount of compensation awarded was very low.
Asbestos lawyers can assist victims receive the maximum amount of compensation they're due. They will examine all documents pertaining to the exposure of a victim and exposure to asbestos-related products, and collaborate with their clients to get any medical records required to prove their asbestos-related condition. They will assist victims and relatives in locating evidence of the effects of asbestos-related products on them.
A mesothelioma lawyer who is knowledgeable will ensure that defendants are held accountable for their involvement in exposing asbestos-related victims to asbestos. This can include pursuing suits against distributors, manufacturers and even employers. We have assisted our clients hold companies responsible in the United States, Canada and the Middle East where asbestos attorney products were used to expose a lot of victims.
Depending on the circumstances the victim or their family members may also be eligible to make a class action suit. The lawsuits allow one person to represent an entire group of people who have similar exposures and injuries, which could increase the amount of compensation available for each individual.
If you suspect that a person has been diagnosed with mesothelioma or an asbestos-related disease, it's crucial to consult an attorney right away. Asbestos lawsuits can be complex and victims often receive substantial financial compensation. Lawyers can aid the families of victims in understanding the statute of limitation and other requirements associated with these claims.