Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related diseases. These lawsuits usually involve companies who mined, manufactured, or sold asbestos-containing materials.
Asbestos victims are able to file claims for damages for medical expenses or lost wages, among other losses. The victims and their families may file claims against several liable parties. In rare cases, cases can be challenged in the court.
Asbestos Litigation
Asbestos causes a variety of health issues for people, including lung cancer, mesothelioma and other illnesses. They often sue companies that exposed them to asbestos for compensation. This is called asbestos litigation. Asbestos claims are filed under the personal injury law category. This means that these claims are filed as individual lawsuits rather than in group lawsuits. However, courts can join several asbestos cases against 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 professional. Asbestos victims also may need to look over their employment history, including their union and employment records. This could be a long process, but is necessary for the success of any asbestos lawsuit.
Proving that the victim was asbestos-exposed is essential for an asbestos lawsuit. This is the most difficult part in a mesothelioma claim as it requires the review of union and employment records as well as a discussion with co-workers. In certain cases it might be necessary to review more than 40 years' worth of records of workers.
Some types of workers are more likely to be exposed to asbestos than others. This includes miners who mine asbestos and construction workers who work in areas that contain asbestos, like refineries, hospitals, schools or hospitals. Other professions which are at risk of being exposed to asbestos include machinists electricians and painters.
When asbestos is airborne, it is able to be breathed in by employees and others who are near. Asbestos particles can remain in the lungs for an extended period of time, which can cause serious medical issues. It is crucial to ensure that anyone who suspects they may be suffering from asbestos seeks immediate medical treatment.
Mesothelioma can take up to 30 years to detect and, therefore, anyone who suspects that they be suffering from asbestos-related cancer should seek medical attention as soon as possible. Victims may be able to pursue legal action against the companies who exposed them, and they may also be able to obtain compensation from a trust fund or an insurance company that has assumed liability for the original asbestos manufacturer.
Asbestos Diseases
Asbestos, a naturally occurring mineral fiber, which is available in three varieties- amosite, chrysotile and anthophyllite, has been mined for centuries due to its unique thermal insulation properties. Because of its durability and resistance to fire, asbestos was utilized in a myriad of commercial and industrial products, including building insulation, ship hulls, ceiling tiles and chemical fireproofing paints. It is estimated that millions of people were exposed to asbestos over the course of their lives.
Exposure to asbestos may cause numerous ailments that affect the lungs, heart and gastrointestinal tract. Mesothelioma and lung cancer the two most fatal asbestos-related illnesses, are the most frequent. These health issues are most likely to affect those who have been exposed for a long time to asbestos.
Asbestos exposure can lead to non-cancerous lung conditions like asbestosis and pleural plaque or thickening. These conditions result from scarring of the lungs due to asbestos fibers, which can hinder the lungs' ability to deliver oxygen to the bloodstream. The appearance of plaques or thickening in the pleural cavity is typically a sign that the patient is at greater risk of having more serious asbestos-related lung problems like asbestos cancer or mesothelioma.
Mesothelioma is a rare type of cancer can affect the lung linings as well as the lower digestive tract. It is usually linked to asbestos exposure and is usually fatal by the time it is detected. Mesothelioma often develops decades after initial exposure and may not show any symptoms until the late stages of the disease.
Every year, 3,000 people are diagnosed mesothelioma. People who suffer from this fatal condition are likely to have been exposed to asbestos during many years of work, usually in the construction or military industries. Even family members of asbestos workers who did not directly work with asbestos have been affected.
A person diagnosed with mesothelioma or a family member with the disease can sue asbestos-related companies. State laws, called statutes or limitations, allow victims and their family members to sue a company within a specific time after being diagnosed with mesothelioma or discovering it.
Statute of limitations
State laws can provide an array of time limits for asbestos lawsuits. The clock for the statute of limitations usually starts to run when a victim learns or should have realized that their illness is caused by exposure to asbestos. Asbestos cases are distinct due to the fact that the latency period can often be decades between the initial exposure and the first diagnosis.
Due to the delayed nature of symptoms, a patient might have to undergo multiple medical tests and procedures to definitively determine if an asbestos-related disease was the cause of their current condition. A patient's health condition could be exacerbated by other medical conditions or life circumstances. This is why professional legal assistance is essential to determine the time frame of a person's asbestos-related injuries.
The mesothelium is the tissue that covers all of your major organs. It is most common in the lungs but can also affect testicles and the abdomen. If you or a loved one was exposed to asbestos and later developed mesothelioma, you may be eligible for financial compensation from the companies which mined, produced or used asbestos-containing products at your workplace.
A mesothelioma verdict or settlement can help victims recover lost wage and medical expenses, travel and home care costs funeral or burial expenses of relatives who have died and funeral or burial costs. Asbestos victims and their families could also seek compensation for suffering and pain and loss of consortium emotional distress and mental anguish.
The statute of limitations is set by the law of the state and can vary depending on the nature of the asbestos claim and the particulars of the case. The statute of limitations in asbestos claims involving personal injury typically starts when the diagnosis is made. However, for claims involving wrongful death, it is set at the time that the deceased family member has passed away.
The best method of determining the statute of limitations in your state is to speak with an experienced mesothelioma lawyer as soon as possible. It is crucial to start your lawsuit before the deadline for filing asbestos law suits a lawsuit expires, otherwise you lose the right to file it.
Compensation
The majority of asbestos lawsuits are settled out of the court. An experienced attorney can negotiate compensation on your behalf.
You may be entitled for compensation for medical expenses as well as lost wages and other expenses incurred due to the exposure to asbestos. You may also be entitled to damages for suffering and pain. In some cases you may be awarded punitive damage in addition to compensatory damages. These are damages awarded at the judge's or jury's discretion to punish actions that go above and beyond the scope of simple negligence.
Many mesothelioma sufferers and those suffering from other asbestos-related diseases don't have enough money to cover expenses. Settlements offered by these companies can help patients and their families receive the medical treatment they require.
You must be able to provide solid evidence of asbestos exposure when filing a lawsuit. Your asbestos lawyer will be able to gather documents, speak with witnesses and examine your work history to document your asbestos exposure. A knowledgeable attorney can make use of databases to determine the source of exposure, which contain information on thousands of asbestos-containing products as well as job sites.
In asbestos cases defendants may be held responsible under a variety of legal theories, including negligence or strict liability. They can also be held accountable for breaching a warranty. In negligence cases, the plaintiff must demonstrate that the defendant was aware or should have known of the risk of exposure to asbestos and failed to take action to protect the victim. The strict liability case does not require evidence that the defendant committed a negligent act. In breach of warranty cases, a plaintiff has to prove that the defendant acted in violation of their duty of care under the law when they sold a product which was not suitable for its intended use.
A mesothelioma lawyer can assist you bring a lawsuit against the companies that are accountable for your exposure to asbestos. A lot of 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.