Asbestos Lawsuits
Asbestos lawsuits are filed to pay for asbestos-related illnesses. A large portion of these cases involve companies that produced, mined or sold asbestos-containing products.
Asbestos victims file claims to recover damages for medical expenses as well as lost wages and other losses. The families of the victims can file claims against a variety of liable parties. In rare cases, claims could be challenged in court.
Asbestos Litigation
asbestos attorneys causes a variety of health issues in people who suffer from mesothelioma, lung cancer, and other diseases. They often sue companies who exposed them to asbestos for compensation. This is called asbestos litigation. Asbestos claims are filed under the category of personal injury law. This means that these claims are filed in individual lawsuits, not in group lawsuits. Courts may combine multiple asbestos cases filed against the same defendants in order to facilitate the process.
A mesothelioma lawyer can gather evidence to prove that a person has suffered from asbestos exposure. The evidence could comprise medical records and other documents and testimony from an expert in medical science. Asbestos-related victims may also need to examine their previous work history, such as their employment and union records. This can be a time-consuming procedure, but it’s vital to the success of an asbestos attorneys lawsuit.
Proving that the victim was asbestos-exposed is crucial to an asbestos lawsuit. This is the most difficult aspect in a mesothelioma claim since it requires a thorough review of the union and employment records and speaking to co-workers. In certain situations, this may require a thorough examination of more than 40 years of records.
Certain types of workers are more prone to be exposed to asbestos than other types of workers. This includes asbestos miners and construction workers who work on areas with asbestos, for example schools or hospitals, or refineries. 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 fibres can remain in the lungs for prolonged periods of time, and can trigger serious medical issues. This is why it’s vital for anyone who suspects that they might be suffering from asbestosis to seek 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 immediately. Victims of asbestos-related diseases can sue companies that exposed them, or be compensated by an insurance company or a victim’s trust that assumed responsibility for the original asbestos manufacturer.
Asbestos Diseases
Asbestos is a naturally occurring mineral fiber that has three types — chrysotile, amosite and anthophyllite that were extracted for centuries due to their unique thermal insulating properties. Due to its strength and resistance against fire, asbestos has been utilized in a variety of commercial and industrial products including building insulations, ship hulls, and ceiling tiles. Millions of people have been exposed to asbestos throughout their lives.
Exposure to asbestos can cause various ailments that affect the lungs, heart and the gastrointestinal tract. Mesothelioma and lung cancer the two most dangerous asbestos-related diseases, are the most common. People who have been exposed to asbestos for extended periods of time are at highest risk for developing these health problems.
Asbestos can cause non-cancerous lung disorders such as asbestosis, pleural thickening or plaque. These conditions are caused by scarring of the lungs from asbestos fibers, which interferes with the ability of the lungs to supply oxygen to the bloodstream. Plaque or thickening of the pleura is usually a sign the patient is at greater risk for more serious asbestos-related lung issues, such as asbestos cancer or mesothelioma.
Mesothelioma is a rare form of cancer is a disease that affects the linings of the lungs and the lower digestive tract. It is most often caused by asbestos exposure, and is often fatal when diagnosed. Mesothelioma can be diagnosed decades after exposure and symptoms may not be apparent until late in the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma each year. Those who suffer from this devastating disease are likely to have been exposed to asbestos for many years in the workplace mostly in the construction or military industry. Even relatives of workers who didn’t work directly with asbestos lawyers have been affected.
Anyone who has been diagnosed with mesothelioma or who has a loved one with mesothelioma, can bring an asbestos lawsuit against companies responsible for their exposure. State laws, also known as statutes or limitations, allow victims and their families to sue a company within a specified time after being diagnosed with mesothelioma or discovering it.
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 learns or should have learned that their illness is caused by asbestos exposure. Asbestos cases can be unique due to the long interval between exposure and diagnosis.
Due to the delayed onset of symptoms, patients may need to undergo numerous medical tests and procedures to definitively determine if an asbestos-related disease was the reason for their current health issue. A patient’s health condition could be exacerbated by other medical conditions or circumstances. This is why 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 the mesothelium, the tissue that surrounds your major internal organs. It is most prevalent in the lungs but can also affect testicles as well as the abdomen. If you or someone close to you was exposed to asbestos and then developed mesothelioma, you could be eligible for financial compensation from the companies who mined, manufactured or used asbestos-containing products in your workplace.
A successful mesothelioma settlement or verdict could help victims get back lost wages, medical expenses as well as travel expenses, home care and funeral or burial expenses for deceased family members. Asbestos patients and their families may 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 may vary based on the type of asbestos claim and the particulars of the case. For example, the statute of limitations for asbestos claims for personal injury usually begins to run at the date of a person’s diagnosis, however for claims involving wrongful deaths it is usually established at the time of a family member’s passing.
Consult an experienced mesothelioma attorney as soon as you can to know the statutes of limitations in your state. You will lose your right if you do not file your lawsuit within the time frame specified by law.
Compensation
Most asbestos lawsuits are settled out of court. A competent 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 be entitled to damages for pain and discomfort. In some cases you may be awarded punitive damage in addition to compensatory damages. These are the damages awarded at the discretion of the judge or jury as punishment for behavior that goes beyond and beyond simple negligence.
Many patients suffering from mesothelioma and other asbestos-related diseases don’t have the financial resources to pay for these expenses on their own. These settlements help victims and their families receive the medical care they require.
You must provide solid evidence of exposure to asbestos when making a claim. Your asbestos lawyer can gather documents, speak with witnesses, and study your work history to document your exposure to asbestos. An experienced attorney can utilize databases to identify the source of exposure which contain information on thousands of asbestos-containing products and job sites.
In asbestos cases defendants may be held accountable under a variety of legal theories which include negligence or strict liability. They can also be held accountable for breaching warranty. In negligence cases, the plaintiff must demonstrate that the defendant was aware or ought to have known of the asbestos exposure risk and did not take the necessary steps to protect the victim. The strict liability case does not require evidence that the defendant has committed a negligent act. In a breach of warranty case the plaintiff must prove that the defendant violated the lawful obligation of care by selling an item that was unsafe for its intended use.
An experienced mesothelioma lawyer can help you file an asbestos lawsuit against the businesses responsible for your exposure to asbestos. 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 [Read Significantly more] can help you navigate the VA claims process and file an accurate claim.
