Asbestos Lawsuits

Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. Many of these cases involve companies who produced, mined or sold asbestos-containing products.

Asbestos victims are able to file claims for damages for medical expenses or lost wages, among other losses. The families of the victims can file claims against a variety of accountable parties. In rare cases, the claims may be contested in the court.

Asbestos Litigation

Asbestos can cause a myriad of health issues in people who are exposed to asbestos, such as mesothelioma, lung cancer and a host of other ailments. The victims of asbestos litigation sue the companies who exposed them to asbestos to recover compensation. This is called asbestos lawyer litigation. Asbestos claims are filed under the category of personal injury law. These cases are filed separately and not as part of a collective lawsuit. However, courts can join several asbestos cases involving the same defendants to facilitate processing.

A mesothelioma lawyer will gather evidence to prove that a person has been affected by asbestos exposure. This evidence will comprise medical records and other documents along with testimony from a medical expert. Asbestos-related victims may also have to look over their work history, including their employment and union records. This could be a long process, but is necessary to ensure the success of any asbestos lawsuit.

The most crucial part of an asbestos lawsuit is to prove that the victim was exposed to asbestos. This is the hardest step in a mesothelioma claim because it requires reviewing the employment and union records as well as a discussion with co-workers. In certain situations, this may include examining more than 40 years of worker records.

Some types of workers are more prone to be exposed to asbestos than other types of workers. This includes miners who mine asbestos, and construction workers who work on construction sites that contain asbestos, like refineries, hospitals, schools or hospitals. Other professions that are at risk of being exposed to asbestos include machinists electricians and painters.

When asbestos becomes airborne it can be breathed in by employees and others who are near. Asbestos particles can remain in the lungs for a lengthy period of time, causing serious medical issues. It is crucial that anyone who suspects that they might be suffering from asbestos should seek immediate medical attention.

It can take 10-20 or even 30 years for a diagnosis of mesothelioma to be established, so it is essential that anyone who suspects that they suffer from an asbestos-related disease seek medical attention as soon as possible. Victims can sue companies that exposed asbestos, or be compensated by an insurance company or a victim's trust, which assumed responsibility for the asbestos manufacturer who originally posed the risk.

Asbestos Diseases

Asbestos is a naturally occurring mineral fiber with three types -- chrysotile, amosite and anthophyllite that were mined for a long time due to their unique thermal insulation properties. Due to its strength and resistance to fire, asbestos has been employed in a variety commercial and industrial products including building insulations, ship hulls, and ceiling tiles. Millions of people have been exposed to asbestos throughout the course of their lifetime.

Asbestos exposure can trigger a number of illnesses that affect the lungs and digestive tract. Mesothelioma and Lung cancer the two most dangerous asbestos-related diseases, are among the most frequent. These health problems are most likely to affect those who have been exposed for a long time to asbestos.

Asbestos can also cause non-cancerous lung diseases like asbestosis, pleural thickening, or plaque. These conditions are caused by scarring the lungs from asbestos fibers, which hinders the ability of the lungs to provide oxygen to the bloodstream. Pleural plaque or thickening is typically a sign that the patient is at greater risk of having more serious asbestos-related lung issues like mesothelioma or asbestos-related cancer.

Mesothelioma is a rare type of cancer is a disease that affects the linings of the lungs and the lower digestive tract. It is almost exclusively related to asbestos exposure, and is often fatal by the time it is detected. Mesothelioma usually develops years after the initial exposure, and it may not show any symptoms until the late stages of the disease.

Every year, 3,000 people are diagnosed with mesothelioma. Those who have this deadly disease were likely exposed to asbestos during many years of employment, usually in the construction or military industries. Even the relatives of asbestos workers who did not directly work with asbestos have been affected.

Anyone who has been diagnosed with mesothelioma, or who has a loved one who suffers from mesothelioma, may sue for asbestos damages against the companies that caused their exposure. State laws known as statutes of limitations generally allow victims and their families to sue within a specified period of time following their diagnosis or discovery of mesothelioma.

Statute of limitations

The statute of limitations, also known as the time limit, for asbestos lawsuits, is set by state law and can differ widely. The clock of the statute of limitations usually begins to run when a victim discovers or should have learned that their condition is caused by exposure to asbestos. Asbestos cases may be unique due to the long interval between exposure and diagnosis.

Due to the delayed nature of symptoms, patients may need to undergo numerous medical tests and procedures to determine that an asbestos-related illness was the reason for their current condition. Additionally, a victim's health issues might be complicated by other health issues or life events that could have been the reason for their injuries. Legal assistance from an expert is crucial to establish the timeline of an asbestos-related accident.

Mesothelioma can be described as a cancer that affects mesothelium - the tissue that surrounds your major internal organs. It is most prevalent in the lungs, but it can also affect the testicles and the abdomen. If you or someone close to you was exposed to asbestos and developed mesothelioma, you may be entitled to financial compensation from the companies who mined, manufactured or used asbestos-containing materials in your workplace.

A mesothelioma verdict or settlement can help victims recuperate lost wages medical expenses such as travel and home care costs funeral or burial costs of family members who have passed away, and funeral or burial expenses. Asbestos patients and their families could also seek compensation for emotional distress, mental anxiety, pain and suffering and loss of consortium.

Statutes of limitations are set by state law, and may vary based on the nature of the asbestos claim and the particulars of the case. For instance the statute of limitations for personal injury asbestos claims typically starts to run on the date of a person's diagnosis, but in claims involving wrongful deaths it is usually established by the date of a family member's death.

Contact a seasoned mesothelioma attorney immediately to learn about the state's statutes of limitations. It is crucial to start your lawsuit before the deadline for filing a lawsuit passes, as you will lose your right to file a lawsuit.

Compensation

In the majority of cases, asbestos lawsuits settles outside of court. A lawyer with experience can negotiate a compensation plan on your behalf.

You could be entitled to money for lost wages, medical bills and other expenses associated with your exposure to asbestos. You may also be entitled to damages for discomfort and pain. In certain circumstances, you may be awarded punitive damages in addition to compensatory damages. These are awards made by a judge or jury at their discretion to punish the defendant for behavior that goes beyond negligence.

Many mesothelioma patients and other asbestos-related diseases don't have the financial resources to cover these costs on their own. Settlements may help victims and their families receive the medical treatment they require.

You must be able to present solid evidence of asbestos exposure when filing a lawsuit. Your asbestos lawyer can gather records, interview witnesses, and look over your work history to record your asbestos exposure. An experienced attorney can use databases to determine the source of exposure, which contains information on thousands of asbestos-containing products as well as job sites.

Defendants in an asbestos attorneys claim could be held accountable under one or more legal theories, including negligence, strict liability and breach of warranty. In negligence cases, the plaintiff must prove 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 defendant doesn't have to be found negligent. In a breach of warranty case, the plaintiff must demonstrate that the defendant violated the lawful obligation of care by selling an item that was not safe for its intended purpose.

A mesothelioma lawyer can assist you to file a lawsuit against companies that are responsible for your asbestos exposure. Many times asbestos exposure is the responsibility of a variety 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.