Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. These lawsuits typically involve companies that made, mined, or sold asbestos-containing materials.
Asbestos-related victims can make a claim for damages such as medical expenses, lost wages, and other losses. The victims and their families may file claims against several responsible parties. In rare cases, cases can be challenged in court.
Asbestos Litigation
Asbestos causes a variety of health problems in people, including lung cancer, mesothelioma and a host of other ailments. These victims sue the companies who exposed asbestos to them to recover compensation. This is referred to as asbestos litigation. Asbestos claims are filed under the category of personal injury law. This means that the cases are filed as individual lawsuits rather than in group lawsuits. Courts will sometimes combine several asbestos cases against the same defendants to facilitate the process.
A mesothelioma lawyer will gather evidence to prove that a victim was exposed to asbestos. This could include medical records, other documents, and testimony from a medical professional. Asbestos-related victims might also need to examine their previous employment history, including their union and employment records. This could be a long process, but is necessary to ensure the success of any asbestos lawsuit.
Proving that the victim was asbestos-exposed is crucial to an asbestos lawsuit. This is the most difficult part in a mesothelioma lawsuit as it requires the review of union and employment records as well as speaking with co-workers. In certain cases, this could involve examining more than 40 years of documents.
Certain types of workers have 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, schools or hospitals. Electricians, machinists, and painters are also at risk of exposure to asbestos.
When asbestos becomes airborne it can be inhaled by employees and others who are near. Asbestos particles can remain in the lungs for a long period of time, which can cause serious medical issues. This is why it is vital for anyone who thinks they might be suffering from asbestos to seek medical attention right away.
Mesothelioma can take as long as 30 years to diagnose, so anyone who suspects they be suffering from asbestos-related cancer should seek medical attention immediately. Victims can pursue companies who exposed asbestos, or get compensation from an insurance company or a victim's trust that assumed responsibility for the asbestos manufacturer who originally posed the risk.
Asbestos Diseases
Asbestos, a natural mineral fiber, which is available in three varietiesamosite, chrysotile, and anthophyllite, has been mined for a long time because of its unique thermal insulation properties. Due to its strength and resistance to fire, asbestos was used in a wide range of commercial and industrial products, including building insulation, ship hulls, ceiling tiles and paints for fireproofing that contain chemicals. Millions of people have been exposed to asbestos over the course of their lifetime.
Exposure to asbestos can trigger numerous ailments that affect the lungs, heart, and gastrointestinal tract. Mesothelioma and lung cancer are the most common and fatal asbestos-related illnesses. These health issues are most likely to affect those who have been exposed for a long time to asbestos.
Asbestos exposure may also cause non-cancerous lung disorders like asbestosis, pleural plaque or thickening. These conditions are caused by scarring in the lungs caused by asbestos fibers and affect the lung's capacity to properly get oxygen into the bloodstream. Plaque or thickening of the pleura is usually a sign an individual is at higher risk of developing more serious asbestos-related lung diseases, such as mesothelioma or asbestos-related cancer.
Mesothelioma is a rare type of cancer that affects the lung's lining (pleura) and the the abdominal cavity as well as the lower digestive tract (peritoneum). It is almost exclusively related to asbestos exposure and is typically fatal at the time it is detected. Mesothelioma can develop decades after exposure and symptoms may not be apparent until late in the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma every year. The people who suffer from this deadly disease were likely exposed to asbestos during many years of work mostly in the construction or military industries. Even relatives of workers who didn't work directly with asbestos were affected.
A person diagnosed with mesothelioma or someone in the family with the disease may bring a lawsuit against asbestos-related companies. State laws, also known as statutes of limitations generally permit victims or their families to file a lawsuit within a specified period of time following their diagnosis or discovery of mesothelioma.
Statute of Limitations
State laws can provide a wide range of time limits for asbestos lawsuits. The clock of the statute of limitations usually begins to run when a victim discovers or should have discovered that their illness was caused by asbestos exposure. Asbestos cases are often distinct due to the long interval between exposure and diagnosis.
Due to the delayed onset of symptoms, a patient may need to undergo multiple medical tests and procedures to determine if an asbestos-related disease was the reason for their current condition. Furthermore, the health issues might be complicated by other health issues or life events that could have been the reason for their injuries. For these reasons, expert legal advice is essential for establishing the timeline of a person's asbestos-related injuries.
The mesothelium is the tissue that covers your major organs. It is most prevalent in the lungs, but it can also affect the testicles and the abdomen. If you or a loved one was exposed to asbestos and then developed mesothelioma, you may be eligible for financial compensation from the companies who mined, manufactured or used asbestos-containing products at your workplace.
A successful mesothelioma settlement or verdict could help victims recuperate mesothelioma asbestos lawsuit lost wages and medical expenses, travel costs, funeral or burial costs for relatives who have passed away. Asbestos patients and their families could also seek damages for emotional distress, mental suffering, anguish and loss of consortium.
State laws establish the statute of limitations that can differ depending on what kind of asbestos claim is being filed and the specifics of the case. For instance, the statute of limitations for asbestos claims for personal injury usually runs from the date of a claimant's diagnosis, but in cases of wrongful death, it is usually set on the date of a family member's death.
The best way to determine the statute of limitations in your state is to talk to an experienced mesothelioma lawyer as soon as possible. It is crucial to file your lawsuit before the statutory deadline passes, as you will lose your right to file a lawsuit.
Compensation
The majority of asbestos lawsuits are settled outside of the court. A lawyer with experience can negotiate a compensation plan on your behalf.
You could be entitled to money for medical bills, lost wages and other expenses resulting from exposure to asbestos. You may also be entitled to damages for suffering and pain. In certain circumstances you may be awarded punitive damages in addition to compensatory damages. These are damages that are awarded at the discretion of the judge or jury as punishment for behavior that goes beyond and beyond the scope of simple negligence.
Many victims of mesothelioma and other asbestos-related illnesses do not have the financial resources to cover these costs on their own. Settlements are designed to help patients and their families get the medical treatment they need.
You must provide solid evidence of asbestos exposure prior to filing a lawsuit. Your asbestos lawyer can gather documents, speak with witnesses and review your work history to prove your asbestos exposure. A knowledgeable attorney can use databases to determine the source of exposure which include information on a variety of asbestos-containing items and job sites.
In an asbestos case, defendants can be held liable under various legal theories, including negligence, strict liability, and breaching a warranty. In negligence cases, a plaintiff must establish that the defendant was aware or ought to have known of the asbestos exposure risk and failed to take appropriate action to protect the victim. In strict liability cases, the court does not require evidence that the defendant acted negligently. In cases of breach of warranty the plaintiff must show that the defendant violated their duty of care as a legal person when they sold a product that was not suitable for the intended use.
A mesothelioma lawyer can assist you file a lawsuit against companies accountable for your asbestos exposure. Many times asbestos exposure is a result of a variety of companies. 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.