Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related diseases. A majority of these cases involve companies that mined, manufactured or sold asbestos-containing products.
Asbestos-related victims may make a claim for damages like medical expenses, lost wages, and other losses. The victims and their families may file claims against multiple responsible parties. In rare cases, the claims could be contested in the court.
Asbestos Litigation
Asbestis causes a variety of health problems in people who are exposed to asbestos, such as mesothelioma, lung cancer, and other illnesses. The victims of asbestos often sue companies who exposed them to asbestos to seek compensation. This is called asbestos litigation. Asbestos claims are filed under the personal injury law category. This means that the cases are filed as individual lawsuits instead of in group lawsuits. Courts may combine multiple asbestos cases brought against the same defendants in order to facilitate the process.
A mesothelioma lawyer can gather evidence to prove that a victim was exposed to asbestos. This evidence may include medical records, other documents and testimony from a medical professional. Asbestos-related victims might also need to look over their work history, such as their union and employment records. This can be a long process, but it's essential for the success of a lawsuit against asbestos.
The proof that the victim was exposed to asbestos is essential to a successful asbestos lawsuit. This is the most difficult aspect in a mesothelioma lawsuit since it requires a thorough review of the union and employment records and speaking to co-workers. In certain cases, it may be necessary to look through more than 40 years' worth of records of workers.
Certain types of workers are at an increased risk of exposure to asbestos over others. This includes miners who mine asbestos, and construction workers who work on sites that contain asbestos, like refineries, hospitals, schools or hospitals. Other professions that are at high risk of exposure to asbestos include machinists, electricians, and painters.
When asbestos becomes airborne, it is able to be breathed in by employees and others who are near. Asbestos fibers can stay in the lungs for a lengthy period of time, causing serious medical complications. This is why it's so important for anyone who suspects that they might be suffering from asbestos to seek medical attention right away.
It can take 10, 20 or even 30 years for a diagnosis of mesothelioma to be established, which is why it is crucial that anyone who suspects they are suffering from an asbestos-related illness seek medical attention as soon as possible. Victims could be able to sue companies who exposed them to asbestos and may be able to seek compensation from a trust fund or an insurance company that has assumed liability for the asbestos manufacturer that originally exposed them to asbestos.
Asbestos Diseases
Asbestos, a naturally occurring mineral fiber, which is available in three formsamosite, chrysotile, and anthophyllite - - has been mined for a long time due to its unique thermal insulation properties. Due to its strength and resistance to fire, asbestos was used in a myriad of industrial and commercial products, such as building insulation, ship hulls, ceiling tiles and paints for fireproofing that contain chemicals. It is estimated that millions of people were exposed to asbestos during their lives.
Exposure to asbestos can cause several diseases that affect the lungs, heart and the gastrointestinal tract. Lung cancer and Mesothelioma the two most fatal asbestos-related diseases, are the most common. People who have been exposed to asbestos for long periods of time are at the greatest risk of developing these health issues.
Asbestos exposure can cause non-cancerous lung disorders like asbestosis, pleural plaque or thickening. These conditions are caused by scarring of the lungs from asbestos fibers, which can hinder the ability of the lungs to deliver oxygen to the bloodstream. Plaque thickening or pleural thickening can be an indication of a higher risk for asbestos-related lung diseases like asbestosis or mesothelioma.
Mesothelioma is a rare type of cancer is a disease that affects the lung linings as well as the lower digestive tract. It is mainly related to asbestos exposure and is typically fatal by the time it is diagnosed. Mesothelioma typically develops after decades of initial exposure. It may not show any symptoms until the end of the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma every year. People who suffer from this fatal disease were likely exposed to asbestos during many years of employment typically in the military or construction industries. Even relatives of workers who didn't directly deal with asbestos have been afflicted.
A person who has been diagnosed with mesothelioma or has a loved one who suffers from mesothelioma, can bring an asbestos lawsuit against the companies responsible for their exposure. State laws known as statutes of limitations typically allow victims or their families to file a lawsuit within a specified period of time following the diagnosis or finding of mesothelioma.
Statute of Limitations
The statute of limitations, also known as the time limit, for asbestos lawsuits is determined by law of the state and can differ significantly. The statute of limitations clock generally begins to run at the time a victim realized or should have known that their condition was caused due to asbestos exposure. Asbestos cases are often unique due to the lengthy latency period between exposure and diagnosis.
A patient might require multiple medical tests to prove that asbestos-related illnesses are the root cause of the health issue. A patient's health condition could be exacerbated by other medical conditions or life circumstances. Therefore, professional legal assistance is essential for establishing the timeline of a person's asbestos-related injuries.
Mesothelioma is a type of cancer that affects mesothelium, the tissue that covers your major internal organs. It is most often found in the lungs, but can also affect the testicles, the heart and abdomen. If you or someone you know was exposed to asbestos in the workplace and then developed mesothelioma, you could be entitled to financial compensation from companies that mined asbestos or made asbestos-containing products, or employed asbestos-containing products in your workplace.
A successful mesothelioma verdict or settlement could help victims recover lost wages as well as medical expenses as well as travel expenses, home care and funeral or burial costs for deceased family members. Asbestos patients and their families could also seek damages for emotional distress, mental anguish, pain and suffering and loss of consortium.
The statute of limitations is set by law of the state, and may vary based on the nature of the asbestos claim and the particulars of the case. For instance, the statute of limitations for asbestos claims for personal injury usually begins to run at the time of a person's diagnosis, however for wrongful death cases it is usually established on the date of a family member's passing.
The best way to determine the state's statute of limitation is to talk to an experienced mesothelioma lawyer as soon as you can. It is important to file your lawsuit before the deadline statutory expires, or you'll lose the right to file a lawsuit.
Compensation
Most asbestos attorney lawsuits are settled outside of court. A lawyer with experience can negotiate a compensation package on your behalf.
You could be eligible to compensation for medical expenses as well as lost wages and other expenses incurred due to the exposure to asbestos. You can also receive damages for pain and suffering. In certain circumstances, you may be awarded punitive damage in addition to compensatory damages. These are awards given at the judge's or jury's discretion to penalize the defendant for behavior that goes beyond negligence.
Many mesothelioma patients as well as those with other asbestos-related illnesses do not have enough money to cover costs. These settlements can help victims and their families receive the medical treatment they require.
You must be able to present solid evidence of asbestos exposure prior to making a claim. Your asbestos lawyer can gather records, interview witnesses, and look over your work history to prove your asbestos exposure. An experienced attorney can determine the source of your exposure using databases that have details on thousands of work sites and asbestos-containing products.
In an asbestos case defendants could be held accountable under various legal theories which include negligence, strict liability, and breaching a warranty. In negligence cases, the plaintiff must demonstrate that the defendant knew or should have known about the asbestos exposure risk and failed to take appropriate action to protect the victim. In strict liability cases the defendant doesn't need to prove negligence. In the case of breach of warranty the plaintiff must prove that the defendant breached the lawful obligation of care by selling an item that was not safe for its intended use.
A knowledgeable mesothelioma lawyer will help you file an asbestos lawsuit against the businesses responsible for your exposure to asbestos. In most cases, multiple companies are accountable for an individual's asbestos 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.