Asbestos Lawsuits
Asbestos lawsuits seek compensation for asbestos-related diseases. Many of these cases involve companies that produced, mined or sold asbestos-containing products.
Asbestos victims make claims to recover damages for medical expenses, lost wages and other losses. The families of the victims could file claims against multiple responsible parties. In rare cases, the claims could be contested in the court.
Asbestos Litigation
Many who work with asbestos suffer from different health issues, such as mesothelioma, lung cancer and other illnesses. These victims sue the companies who exposed them to asbestos to recover compensation. This is referred to as asbestos litigation. Asbestos claims are filed under the category of personal injury law. These cases are filed separately, rather than as part of a collective lawsuit. Courts may combine multiple asbestos cases filed against the same defendants in order to make processing easier.
A mesothelioma lawyer will gather evidence to prove that a victim was exposed to asbestos. The evidence could include medical documents, other records and testimony from a medical professional. Asbestos sufferers may also have to examine their work history, which includes their employment and union records. This can be a lengthy process, but is necessary for the success of any asbestos lawsuit.
The most crucial part of an asbestos lawsuit is proving that the victim was exposed to asbestos. This is the most difficult part in a mesothelioma case as it requires the review of the union and employment records and also speaking to co-workers. In some cases, this can require a thorough examination of more than 40 years of records.
Certain types of workers are at greater risk of exposure to asbestos over others. This includes miners who mine asbestos, and construction workers who work in areas that contain asbestos, such as refineries, hospitals, or schools. Other occupations that are at risk of exposure to asbestos include machinists electricians, and painters.
When asbestos becomes airborne, it is able to be breathed in by employees and other people who are near. Asbestos fibers can stay in the lungs for an extended period of time, which can cause serious medical problems. It is important that anyone who suspects they may be suffering from asbestos should seek immediate medical treatment.
Mesothelioma can take as long as 30 years to diagnose and therefore anyone who suspects they be suffering from asbestos-related cancer should seek medical attention immediately. Victims might be able to sue the companies that exposed them to asbestos and may be able to obtain compensation from a trust fund or an insurance company that has assumed responsibility for the original asbestos manufacturer.
Asbestos Diseases
Asbestos is a naturally occurring mineral fiber with three types -amosite, chrysotile and anthophyllite. They were extracted for centuries due to their unique thermal insulating properties. Due to its strength and resistance against fire, asbestos has been utilized in a variety of industrial and commercial products like building insulations, ship hulls, and ceiling tiles. It is estimated that millions of people were exposed to asbestos over the course of their lives.
Asbestos exposure can cause many lung diseases and digestive tract. Mesothelioma and lung cancer, the two most deadly asbestos-related diseases, are the most common. People who have been exposed to asbestos for long periods of time are at highest risk for developing these diseases.
Asbestos may also cause non-cancerous lung diseases such as asbestosis, pleural thickening, or plaque. These conditions result from scarring in the lungs caused by asbestos fibers. They interfere with the lung's ability to properly get oxygen into the bloodstream. Plaque thickening or pleural thickening can be an indication of a higher risk of developing asbestos-related lung diseases, such as asbestosis or mesothelioma.
Mesothelioma, a rare form 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 at the time it is detected. Mesothelioma typically develops after decades of initial exposure. It may not manifest any symptoms until the end of the disease.
Every year, 3,000 people are diagnosed mesothelioma. The people who suffer from this devastating condition were likely exposed to asbestos for many years in the workplace mostly in the military or construction industry. Even the relatives of asbestos workers who didn't work directly with it have been affected.
Anyone who has been diagnosed with mesothelioma or has a loved one with mesothelioma, can file an asbestos lawsuit against the companies responsible for their exposure. State laws, also referred to as statutes or limitations, permit victims and their families to sue a business within a specified time after being diagnosed with mesothelioma or being notified of it.
Statute of limitations
The statute of limitations, also known as the time limit, for asbestos lawsuits; click here to read, is set by the law of the state and may differ widely. The statute of limitations clock generally begins to run at the time that a victim discovered or should have learned that their illness was caused by asbestos exposure. Asbestos cases are distinctive because the latency period can be lengthy between exposure to asbestos and the first diagnosis.
A patient could require several medical tests to prove that asbestos-related diseases are the cause of the current condition. Furthermore, the health issues might be complicated due to other health issues or life circumstances that could be the root cause of their injuries. For these reasons, expert legal assistance is crucial to determine the time frame of a person's asbestos-related injuries.
Mesothelioma is a form of cancer that affects the mesothelium, the tissue that surrounds your major internal organs. It is most prevalent in the lungs, but it can also affect testicles as well as the abdomen. If you or someone you know was exposed to asbestos in the workplace and developed mesothelioma you may be eligible for financial compensation from companies that mined asbestos, produced asbestos-containing products, or employed asbestos-containing products.
A mesothelioma judgment or settlement could allow victims to recover lost wage and medical expenses, travel and home care costs funeral or burial expenses of relatives who have died and funeral or burial costs. Asbestos victims and their families can also seek compensation for pain and suffering, loss of consortium, emotional distress and mental stress.
The statute of limitations is set by state law, and can vary depending on the nature of the asbestos claim and the particulars of the case. The statute of limitations for asbestos cases involving personal injury usually starts at the time of diagnosis. For claims involving wrongful death, it is set by the date the deceased family member has passed away.
The best method of determining the statute of limitations in your state is to talk to an expert mesothelioma lawyer as quickly as you can. It is essential to file your lawsuit before the deadline statutory expires, otherwise you lose your right to do so.
Compensation
Most asbestos lawsuits are settled outside of court. A qualified attorney can negotiate compensation on your behalf.
You may be entitled to compensation for medical bills, lost wages and other expenses resulting from exposure to asbestos. You may also be entitled for damages for pain and discomfort. In certain cases, you could be awarded punitive damages in addition to compensatory damages. These are awards that are made by a judge or jury at their discretion to penalize a defendant for conduct that goes beyond mere negligence.
Many mesothelioma victims as well as those with other asbestos-related diseases do not have enough money to cover expenses. These settlements can help victims and their families get the medical care they need.
You must be able to provide solid evidence of exposure to asbestos when filing a lawsuit. Your asbestos lawyer will be able to gather documents, interview witnesses and review your work history to document your asbestos exposure. A skilled attorney can also utilize databases to identify the source of exposure, which include information on a variety of asbestos-containing products as well as job sites.
The defendants in an asbestos lawsuit can be held liable under one or more legal theories, like negligence, strict liability, and breach of warranty. In negligence cases, the plaintiff has to establish that the defendant knew of or ought to have been aware of the asbestos exposure risk but failed 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 prove that the defendant breached the lawful obligation of care by selling an item that was not safe for its intended purpose.
An experienced mesothelioma lawyer can help you file an asbestos lawsuit against any businesses responsible for your exposure to asbestos. Many times asbestos exposure is a result of a number of companies. Those responsible can include mining companies, manufacturers of asbestos and asbestos lawyer-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.