Asbestos Lawsuits
Asbestos lawsuits seek compensation for asbestos-related illnesses. A large portion of these cases involve companies who produced, mined or sold asbestos-containing products.
Asbestos-related victims may make a claim for damages, including medical expenses, lost wages, and other losses. The victims and their families could file claims against multiple liable parties. In rare cases, cases may be contested in court.
Asbestos Litigation
Asbestos causes a variety 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 asbestos to seek compensation. This is called asbestos 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 may join asbestos cases involving the same defendants for faster processing.
A mesothelioma lawyer will gather evidence that proves a victim was exposed to asbestos. This evidence may include medical records, other documents and testimony from a medical specialist. Asbestos-related victims might also need to review their past employment history, including their union and employment records. This can be a lengthy process, but it is essential to ensure the success of any asbestos lawsuit.
The proof that the victim was exposed to asbestos is essential to a successful asbestos lawsuit. This is the most difficult step in a mesothelioma lawsuit because it requires reviewing the union and employment records and speaking to co-workers. In some cases it is possible to examine more than 40 years' worth of records of workers.
Certain kinds of workers are at an increased risk of exposure to asbestos than others. This includes miners who mine asbestos and construction workers who work on construction sites that contain asbestos, such as refineries, hospitals, or schools. Electricians, machinists, and painters are also at risk of exposure to asbestos.
When asbestos becomes airborne, it can be breathed in by employees as well as other people who are near. Asbestos fibers can stay in the lungs for a long period of time, leading to serious medical complications. It is essential that anyone who suspects they may be suffering from asbestos issues seeks immediate medical attention.
It can take 10-20 or even 30 years for a diagnosis of mesothelioma to be established, which is why it is essential that anyone who suspects that they have an asbestos-related disease seek medical attention as soon as possible. Victims could be able to sue companies who exposed them to asbestos as well as be able to seek compensation from a trust fund or an insurance company that has assumed the responsibility for the asbestos manufacturer who originally posed the risk.
Asbestos Diseases
Asbestos is a natural mineral fiber with three kinds -- chrysotile, amosite and anthophyllite. They were mined for a long time due to their unique thermal insulating properties. Due to its strength and resistance to fire, asbestos was used in a myriad of industrial and commercial products, such as ship hulls, insulation for buildings ceiling tiles, and chemical fireproofing paints. It is estimated that millions of people were exposed to asbestos during the course of their lives.
Asbestos exposure may cause a number of illnesses that affect the lungs and digestive tract. Lung cancer and Mesothelioma the two most fatal asbestos-related illnesses, are the most common. These diseases are more likely to affect people who have been exposed for a prolonged period to asbestos.
Asbestos can cause non-cancerous lung disorders such as asbestosis, pleural thickening or plaque. These conditions result from scarring of the lungs due to asbestos fibers, which hinders the ability of the lungs to deliver oxygen to the bloodstream. Plaque or pleural thickening is a sign of a higher chance of developing asbestos-related lung disease, such as asbestosis or mesothelioma.
Mesothelioma, a rare form of cancer, affects the lung linings and the lower digestive tract. It is most often caused by asbestos exposure, and can be fatal if diagnosed. Mesothelioma often develops decades after initial exposure. It may not manifest any symptoms until the final stages of the disease.
Every year, 3,000 people are diagnosed with mesothelioma. People suffering from this devastating disease were probably exposed to asbestos for a number of years at work mostly in the military or construction industry. Even relatives of workers who did not directly work with asbestos have been affected.
A person who has been diagnosed with mesothelioma, or who has a loved one with mesothelioma can file an asbestos lawsuit against the companies responsible for their exposure. State laws, called statutes or limitations, allow victims and their families to sue a company within a certain time period after being diagnosed with mesothelioma or discovering it.
Statute of Limitations
State laws can set various time limits for asbestos lawsuits. The clock for the statute of limitations generally begins to run at the time a victim realized or should have realized that their condition was caused by exposure to asbestos. Asbestos cases are distinct due to the fact that the latency period may be long between exposure to asbestos and the first diagnosis.
A patient could require several medical tests to establish that asbestos-related illnesses are the root cause of the health issue. A victim's health issue may be exacerbated by other medical conditions or life circumstances. This is why professional legal assistance is essential for establishing the timeline of an individual's asbestos-related injuries.
Mesothelioma is a type of cancer that affects the mesothelium - the tissue that surrounds your main internal organs. It's typically found in the lungs, but it can also affect the testicles as well as the heart and abdomen. If you or a loved one was exposed to asbestos and developed mesothelioma in the past, you may be entitled to financial compensation from the companies who mined, manufactured or used asbestos-containing materials in your workplace.
A mesothelioma verdict mesothelioma asbestos lawyers or settlement could help victims get back lost wages and medical expenses such as travel and home care costs, funeral or burial costs of family members who have passed away and funeral or burial costs. Asbestos patients and their families could also seek compensation for emotional distress, mental anguish, pain and suffering and loss of consortium.
State laws determine the statute of limitations, which can vary depending on the type of asbestos claim is being filed and the specifics of the case. For example the statute of limitation for personal injury asbestos claims typically begins to run at the date of a person's diagnosis, but for claims involving wrongful deaths, it is usually set at the time of a family member's death.
Contact a seasoned mesothelioma attorney as soon as you can to know the state's statutes of limitations. You'll lose your rights if you don't submit your lawsuit by the time frame specified by law.
Compensation
The majority of asbestos lawsuits are settled out of court. A competent attorney can negotiate compensation on your behalf.
You could be eligible to compensation for medical expenses, lost wages and other expenses related to the exposure to asbestos. You may also be entitled to damages for discomfort and pain. In certain cases, you could be awarded punitive damage in addition to compensatory damages. These are the damages awarded at the judge's or jury's discretion to punish conduct that goes above and beyond the scope of simple negligence.
Many patients suffering from mesothelioma and other asbestos-related illnesses do not have the funds to pay for these costs on their own. Settlements are designed to help patients and their families get the medical treatment they require.
You must provide solid evidence of asbestos exposure prior to making a claim. Your asbestos lawyer can collect records, interview witnesses, and look over your work history to record your exposure to asbestos. A knowledgeable attorney can determine the source of your exposure using databases that contain details on thousands of workplaces and asbestos-containing products.
Defendants in an asbestos claim can be held liable under one or more legal theories, such as negligence, strict liability or breach of warranty. In negligence cases, the plaintiff must demonstrate that the defendant knew about or ought to have been aware of the dangers of exposure to asbestos but failed to protect the victim. In strict liability cases the defendant doesn't have to be found negligent. In breach of warranty cases, a plaintiff has to show that the defendant breached their duty of care as a legal person when they sold a product that was not suitable for the purpose it was intended to serve.
A mesothelioma attorney can help you file a lawsuit against companies that are responsible for your asbestos exposure. In most cases, multiple companies are responsible for an individual's 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.