Asbestos Lawsuits
Asbestos lawsuits must establish that a person was exposed to asbestos, that the exposure caused mesothelioma, or any other asbestos-related diseases and that the illness has resulted in financial losses. Compensation for mesothelioma can be paid by companies that manufactured and sold asbestos-containing items.
Your lawyer will take care of every aspect of the case, even though asbestos lawsuit litigation can be a bit intimidating. However, you must prepare to disclose details of your work and health history.
The History of Asbestos Litigation
Over the years asbestos lawsuits have brought billions of dollars in settlements. The most recent settlements were negotiated for mesothelioma cases, asbestosis, and other illnesses caused by exposure to the toxic mineral. The majority of cases were filed in Illinois.
Companies that mined, produced and sold asbestos products for use in construction projects and other industrial sectors were accountable for the asbestos-related lawsuits. Many of these companies knew that asbestos was a risk, but they concealed the dangers to their employees. They also concealed medical reports regarding asbestos-related health issues, such as mesothelioma and lung cancer. This meant that many victims were not adequately compensated for their losses.
Additionally, many of the asbestos-producing factories and employers were forced to go bankrupt as a result of these lawsuits. Asbestos bankruptcy trusts were set up to help asbestos victims receive compensation. But, there are many bankrupt businesses that could 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 groups of patients diagnosed with mesothelioma to hold negligent asbestos companies liable. A court first needs to determine whether there are enough commonalities to form a collective and that individual lawsuits for each victim would be expensive or cumbersome.
Asbestos patients who have been diagnosed with mesothelioma as well as other asbestos-related illnesses need to prove that their condition was caused by exposure to asbestos. It is often difficult to prove that asbestos exposure caused the illness, since it may take decades between the first exposure and the beginning of symptoms. In the time of asbestos, executives in companies concealed their truth from employees and the public by destroying records and hiding proof.
Asbestos-related illnesses, such as mesothelioma, can result in additional expenses, including lost earnings, travel expenses, and family care. Many victims also suffer severe physical and emotional trauma due to mesothelioma. In order to get the compensation they are entitled to, asbestos victims require a mesothelioma lawyer with a proven track record of success.
Statute of Limitations
Asbestos cases are different from other personal injury lawsuits due to the lengthy latency period associated with asbestos-related illnesses. The statute of limitations or the time frame to file a lawsuit is based on a variety of factors including state laws and the location of exposure, as well as the time at which symptoms begin to manifest. A specialist attorney can assist victims understand the laws of each state and help ensure that they submit their lawsuits within the proper timeframe.
The law of personal injury requires that the victim know or should have known about their exposure before they are diagnosed with a disease. Mesothelioma, as well as other asbestos-related diseases aren't recognized until many years after exposure. This is why the statute of limitations "clock" does not start when a person is the first exposed to asbestos. Instead, the clock starts when their symptoms are recognized.
This is a complicated rule, which is why it is essential for victims to seek the assistance of an asbestos lawsuit 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 can evaluate any potential case for free of charge. They can also draft the necessary documentation, notify defendants, construct a solid evidence-based case, and settle a case or advocate for the award of a jury.
A mesothelioma attorney can also help families file claims for wrongful deaths in the event of loved ones pass away from asbestos-related illnesses. This type of lawsuit can be filed by a survivor, such as a spouse or sibling, parent or child. The majority of wrongful death lawsuits have shorter time-limits than personal injury lawsuits.
Filing an action within the statute of limitations is crucial to ensure your rights are protected and ensure you receive maximum compensation. An asbestos attorney with experience can assist you in determining if you have a valid claim, and how to pursue it and also suggest alternative sources of compensation, such as veterans benefits or trust funds.
Liability
If you or someone you know has been diagnosed with an asbestos-related disease such as mesothelioma, you could be eligible for financial compensation. Asbestos lawsuits hold asbestos manufacturers, distributors, and suppliers accountable for the harm they cause. Most often, victims are exposed to asbestos for years before their symptoms appear like mesothelioma or lung cancer which is a rare type of cancer that affects the chest cavity's lining and abdomen.
The manufacturers of asbestos-containing materials deliberately concealed the health risks associated with these products and did not warn their employees or the general public about the dangers. They could be held accountable for asbestos exposure when strict liability laws or the law of product liability apply. These companies can also be held accountable under implied warranties of product safety, which come in every sale of a specific product. They guarantee the safety of the product for its intended use.
The law requires that large trusts be established to compensate asbestos claimants, both present and future. These trusts are depleted, and they must ration payments. However, some are still large enough to compensate mesothelioma victims with substantial settlements or jury awards.
Asbestos lawsuits are filed as either premises or product liability lawsuits. Premises liability lawsuits are filed against property owners who permit a person to be exposed to asbestos on their property. Product liability lawsuits are filed against asbestos distributors, producers or retailers who sell dangerous asbestos products.
An experienced mesothelioma attorney can explain the laws applicable to your particular situation and assist you decide which claim is the best one for your particular situation. A lawyer who is asbestos-related is typically paid on a contingency basis, meaning that they will not be paid unless they can recover funds for their client. This is a great option for those who do not have the money to endure a lengthy legal fight.
Damages
Someone who has been diagnosed with an asbestos-related disease could be eligible for financial compensation. In most jurisdictions victims can receive compensation damages to cover medical expenses as well as lost wages. In some cases families of victims may also be eligible for "loss-of-consonance" damages.
The amount someone will receive as compensation varies on numerous factors including their age, the severity of their disease as well as their prognosis and expectancy, as well as the amount of suffering and pain they've experienced due to their exposure. In certain cases victims have received substantial settlements and jury awards, but in other cases, the amount of money damages awarded is relatively low.
Lawyers for asbestos victims can often assist in ensuring that victims receive the full amount due. They will review all documents pertaining to the exposure of a victim and exposure to asbestos-related products, and work with their clients to collect any medical records essential to prove their asbestos-related condition. They will also assist victims and their relatives in locating evidence of the adverse effects of asbestos-related products on them.
A mesothelioma lawyer will make sure that defendants are held accountable for their part in the exposure of asbestos victims. This could include pursuing lawsuits against distributors, manufacturers and even employers. We have assisted our clients to hold accountable companies in the United States, Canada and the Middle East where asbestos products were used to expose many victims.
Depending on the situation the victim or their family member may also be eligible to start a class action lawsuit. These lawsuits permit one plaintiff to represent a group of people who have similar exposures and injuries, which may increase the amount of compensation available to each person.
Contact an attorney as quickly as you can if been diagnosed with asbestos-related diseases like mesothelioma. Asbestos lawsuits can be complicated and victims are typically awarded substantial financial compensation. Attorneys can help the families of victims in understanding the statute of limitations and other requirements associated with these claims.