Asbestos Lawsuits
Asbestos lawsuits are filed to pay for asbestos-related illnesses. These lawsuits typically involve companies who mined, manufactured or sold asbestos-containing products.
Asbestos victims are able to file claims for damages for medical expenses, lost wages and other losses. The victims and their families can file claims against a variety of liable parties. In rare instances, claims could be contested in court.
Asbestos Litigation
Many workers who work with asbestos suffer from different health problems, including mesothelioma and lung cancer among other illnesses. These victims sue the companies who exposed them to asbestos to seek compensation. This is known as asbestos litigation. Asbestos claims fall under the personal injury section of the law. This means that these cases are filed in individual lawsuits, not in group lawsuits. However, courts can join asbestos cases involving the same defendants for faster processing.
A mesothelioma lawyer will collect evidence to show that a patient was exposed to asbestos. This evidence can include medical records and other documents and testimony from an expert in medical science. Asbestos victims also may need to look over their work history, including their employment and union records. This can be a lengthy process, but is necessary to ensure the success of any asbestos lawsuit.
Proving that the person was exposed to asbestos is crucial to an asbestos lawsuit. This is the most difficult step in a mesothelioma claim since it requires a thorough review of union and employment records and also speaking with coworkers. In some cases, this can include examining more than 40 years of employee documents.
Some types of workers are more likely to be exposed to asbestos than others. This includes asbestos miners as well as construction workers who work on areas with asbestos, for example schools or hospitals, or refineries. Other occupations that are at high risk of exposure to asbestos include machinists electricians and painters.
Asbestos can become airborne and then be inhaled by the workers and those around. Asbestos particles can remain in the lungs for a long period of time, and can trigger serious medical complications. It is essential that anyone who suspects they may be suffering from asbestos should seek immediate medical treatment.
Mesothelioma can take as long as 30 years to be diagnosed and therefore anyone who suspects that they have asbestos-related cancer should seek medical attention immediately. Victims may be able to sue companies who exposed them, and they may also be able to receive compensation from a trust fund or an insurance company that has assumed liability for the asbestos manufacturer that originally exposed them to asbestos.
Asbestos Diseases
Asbestos, a naturally occurring mineral fiber, which is available in three types — amosite, chrysotile and anthophyllite – – has been mined for centuries because of its unique thermal insulation properties. Due to its strength and resistance to fire, asbestos has been utilized in a variety of industrial and commercial products like building insulations, ship hulls, and ceiling tiles. Millions of people have been exposed to asbestos throughout the course of their lives.
Asbestos exposure can cause a number of lung diseases and digestive tract. Mesothelioma and lung cancer the two most dangerous asbestos-related diseases, are among the most common. These health problems are most likely to affect those who have been exposed for a long time to asbestos.
Asbestos exposure may also cause non-cancerous lung diseases like asbestosis, pleural plaque or thickening. These conditions result from scarring in the lungs caused by asbestos fibers and affect the lung’s capacity to effectively transport oxygen into the bloodstream. Plaque or pleural thickening is an indication of a higher chance of developing asbestos-related lung disease like asbestosis or mesothelioma.
Mesothelioma is a rare cancer that affects the lining of the lungs (pleura) and the lining of the abdominal cavity and the lower digestive tract (peritoneum). It is almost exclusively caused by asbestos exposure and can be fatal if diagnosed. Mesothelioma often develops decades after initial exposure and may not be symptomatic until the late stages of the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma every year. People who suffer from this fatal condition were probably exposed to asbestos over many years of work mostly in the construction or military industries. Even family members of workers who didn’t directly work with asbestos were affected.
A person who has been diagnosed with mesothelioma or who has a loved one with mesothelioma can sue for asbestos damages against companies responsible for their exposure. State laws called statutes of limitations typically allow victims and their families to file a lawsuit within a specified period of time following the diagnosis or finding of mesothelioma.
Statute of Limitations
State laws can establish various time limits for asbestos lawsuits. The clock for the statute of limitations typically begins to run when a victim finds out or should have discovered that their condition is caused by asbestos exposure. Asbestos cases may be unique due to the long latency period between exposure and diagnosis.
Because of the delay of symptoms, a patient might require numerous medical tests and procedures to determine if an asbestos-related disease was the cause of their current condition. Additionally, a victim’s health issues could be complicated due to other health issues or other life circumstances that could be the reason for their injuries. Legal assistance from an expert is crucial in determining the timeframe of an asbestos-related accident.
Mesothelioma can be described as a cancer that affects mesothelium – the tissue that covers your major internal organs. It is most prevalent in the lungs but can also affect testicles and the abdomen. If you or a loved one was exposed to asbestos and then developed mesothelioma in the past, you may be eligible for financial compensation from the companies that mined, produced or used asbestos-containing materials in your workplace.
A mesothelioma judgment or settlement can help victims recuperate lost wages, medical expenses such as travel and home care costs funeral or burial costs of relatives who have died funeral or burial expenses. Asbestos victims and their families could also seek compensation for suffering and pain, loss of consortium, mental distress and emotional anguish.
Statutes of limitations are set by state law, and can vary depending on the nature of the asbestos claim and the particulars of the case. The time limit for filing a claim in personal injury asbestos cases usually is set at the time of diagnosis. For cases of wrongful death, the statute is set by the date the deceased family member passed in death.
The best method to determine the statute of limitations in your state is to consult with an experienced mesothelioma lawyer as soon as you can. You’ll lose your rights to file your lawsuit by the statutory deadline.
Compensation
Most asbestos lawsuits are settled out of the court. A qualified lawyer can negotiate a compensation package on your behalf.
You could be entitled to money for medical bills, lost wages and other expenses associated with the exposure to asbestos. You may also be entitled to damages for pain and suffering. In certain circumstances, you may be awarded punitive damages in addition to compensatory damages. These are awards made at the judge’s or jury’s discretion to punish an individual for behavior that goes beyond negligence.
Many mesothelioma victims and those suffering from other asbestos-related diseases don’t have enough money to cover the costs. Settlements offered by these companies can help patients and their families get the medical care they need.
If you are filing an asbestos lawsuit, you must present proof of exposure to asbestos. Your asbestos lawyer can gather records, interview witnesses, and look over your work history to prove your exposure to asbestos. A skilled attorney can also determine the source of your exposure using databases that have information on thousands of workplaces and asbestos-containing products.
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 warranty. In negligence cases, a plaintiff must establish that the defendant knew or ought to have known of the asbestos exposure risk and failed to take action to protect the victim. Strict liability cases do not require evidence that the defendant was negligent. In the case of breach of warranty, the plaintiff must demonstrate that the defendant violated the lawful duty of care by selling a product that was unsafe for its intended purpose.
A mesothelioma lawyer can help you file a lawsuit against companies responsible for your asbestos exposure. Often, several different companies are accountable 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 (scientific-programs.science) can help you navigate the VA claims process and file an accurate claim.
