Asbestos Lawsuits
Asbestos lawsuits seek compensation for asbestos-related illnesses. These lawsuits typically involve companies that produced, mined, or sold asbestos-containing materials.
Asbestos-related victims can file a claim to recover damages, including medical expenses, lost wages and other losses. The victims and their families may file claims against multiple responsible parties. In rare instances, claims may be contested in the court.
Asbestos Litigation
Asbestos causes a variety of health issues for people, including lung cancer, mesothelioma and other illnesses. The victims of asbestos often sue companies who exposed them for compensation. This is called asbestos litigation. Asbestos lawsuits fall under the personal injury category of law. This means that the cases are filed as individual lawsuits rather than in group lawsuits. Nevertheless, courts sometimes join asbestos cases against the same defendants to facilitate processing.
A mesothelioma lawyer will collect evidence to prove that a person has suffered from asbestos exposure. The evidence could include medical documents, other records and testimony from a medical professional. Asbestos-related victims may also need to review their past employment history, including their employment and union records. This can be a lengthy process, but it's crucial to the success of a lawsuit against asbestos.
Proving that the person was exposed to asbestos is crucial to an asbestos lawsuit. This is the most difficult step in a mesothelioma lawsuit because it requires reviewing the employment and union records as well as speaking with co-workers. In certain situations, this may require a thorough examination of more than 40 years of employee records.
Certain kinds of workers are at a higher risk of exposure to asbestos than other types of workers. This includes asbestos miners as well as construction workers working on sites that contain asbestos, like schools or hospitals, as well as refineries. Painters, machinists and electricians are also at risk of asbestos exposure.
Asbestos can become airborne and be inhaled both by the workers and those around. Asbestos particles can remain in lungs for long periods of time and can cause serious medical complications. This is why it is so important for anyone who suspects that they might be suffering from asbestosis to seek immediate medical treatment.
It could take up to 10, 20 or even 30 years for a mesothelioma diagnosis to be made, so it is vital for anyone who suspects they have an asbestos-related disease seek medical attention as soon as possible. Victims may be able to sue the companies who 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 asbestos manufacturer that originally exposed them to asbestos.
Asbestos Diseases
Asbestos, which is a naturally occurring mineral fiber that comes in three formsamosite, chlorosotile and anthophyllite, has been mined for centuries due to its unique thermal insulation properties. Because of its strength and resistance to fire, asbestos was utilized in a myriad of commercial and industrial products, including ship hulls, building insulation, ceiling tiles and chemical fireproofing paints. Millions of people have been exposed to asbestos over the course of their lifetime.
Exposure to asbestos can cause various diseases that affect the lungs, heart and gastrointestinal tract. Mesothelioma and Lung cancer the two most dangerous asbestos-related diseases, are among the most frequent. These health issues are most likely to affect people who have been exposed for a prolonged period to asbestos.
Asbestos can also cause non-cancerous lung diseases such as asbestosis, pleural thickening, or plaque. These conditions result from lung scarring caused by asbestos fibers. They affect the lung's capacity to efficiently transport oxygen into the bloodstream. Plaque or thickening of the pleura is typically a sign that someone is at a higher risk of developing more serious asbestos-related lung diseases, such as mesothelioma or asbestos-related cancer.
Mesothelioma is a rare cancer that affects the lining of the lungs (pleura) and the the abdominal cavity as well as the lower digestive tract (peritoneum). It is usually caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma can be diagnosed decades after exposure to asbestos, and symptoms may not be apparent until later in the progression of the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma each year. The people who suffer from this deadly disease were likely exposed to asbestos during many years of employment, usually in the construction or military industries. Even family members of workers who didn't 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 responsible for their exposure. State laws, also known as asbestos lawsuit settlement amount statutes of limitations typically allow victims or their families to sue within a specified time frame following their diagnosis or the discovery of mesothelioma.
Statute of Limitations
The statute of limitations, also known as the time limit, for asbestos lawsuits, is set by law of the state and can differ widely. The statute of limitations clock generally starts running at the time a victim realized or should have realized that their condition was caused by exposure to asbestos. Asbestos cases can be distinct due to the long time between exposure and diagnosis.
A patient might require multiple medical tests to establish that asbestos-related illnesses are the root cause of the current condition. A patient's health condition could be exacerbated by other medical conditions or circumstances. For these reasons, expert legal assistance is crucial for establishing the timeline of a person's asbestos-related injuries.
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 a loved one was exposed to asbestos and later developed mesothelioma, you could be eligible for financial compensation from the companies that mined, produced or used asbestos-containing materials in your workplace.
A successful mesothelioma verdict or settlement can help victims recover lost wages and medical expenses as well as travel expenses, home care and funeral or burial costs for deceased family members. Asbestos patients and their families could also seek damages for mental distress, emotional anxiety, pain and suffering and loss of consortium.
The statute of limitations is set by law of the state, and can vary depending on the type of asbestos claim and the particulars of the case. The time limit for filing a claim in asbestos claims involving personal injury typically is set when the diagnosis is made. However, for wrongful death claims, it is set at the time that the deceased family member passed away.
Get a mesothelioma lawyer with experience immediately to learn about the statutes of limitations in your state. You'll lose your rights to file your lawsuit within the deadline set by law.
Compensation
In the majority of cases, asbestos lawsuits settles outside of court. An experienced attorney can negotiate compensation on your behalf.
You may be entitled to money for medical bills, lost wages and other costs resulting from your exposure to asbestos. You could also receive compensation for suffering and pain. In certain cases, you could be awarded punitive damages in addition to compensatory damages. These are the damages awarded at the discretion of the judge or jury as punishment for actions that go above and beyond simple negligence.
Many mesothelioma patients and other asbestos-related illnesses don't have the funds to pay for these costs on their own. Settlements can help patients and their family members get the medical treatment they require.
You must provide solid evidence of asbestos exposure when making a claim. Your asbestos lawyer can gather documents, speak with 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 contain information on thousands of asbestos-containing items and job sites.
In an asbestos case defendants could be held accountable under a variety of legal theories, including negligence or strict liability, as well as breaching a warranty. In negligence cases, the plaintiff must prove that the defendant knew or should have known of the dangers of exposure to asbestos and failed to take appropriate action to protect the victim. In strict liability cases the defendant does not have to be found negligent. In breach of warranty cases, a plaintiff has to demonstrate that the defendant breached their duty of care under the law when they sold a product that was not suitable for the purpose it was intended to serve.
An experienced mesothelioma lawyer can assist you in filing an asbestos lawsuit against the companies responsible for your exposure to asbestos. Most of the time, several different companies are responsible for an individual's asbestos 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.