Asbestos Lawsuits

Asbestos lawsuits are filed to recover asbestos-related diseases. Many of these cases involve companies who mined, manufactured or sold asbestos-containing products.

Asbestos victims file claims to recover damages for medical expenses or lost wages, among other losses. The families of the victims could file claims against multiple responsible parties. In rare cases, cases may be contested in the court.

Asbestos Litigation

Asbestis causes a variety of health problems in people who suffer from mesothelioma, lung cancer and other diseases. The victims of asbestos often sue companies that exposed them to asbestos for compensation. This is referred to as asbestos litigation. Asbestos claims are filed under the personal injury law category. This means that the cases are filed in individual lawsuits, not in group lawsuits. However, courts can join several asbestos cases involving the same defendants for easier processing.

A mesothelioma lawyer will gather evidence to prove that a victim was exposed to asbestos. This evidence may include medical records, other documents, and testimony from a medical specialist. Asbestos-related victims may also need to look over their employment history, including their union and employment records. This can be a lengthy process, but is necessary for the success of any asbestos lawsuit.

Evidence that the victim was exposed to asbestos is essential to a successful asbestos lawsuit. This is the most difficult part in a mesothelioma lawsuit as it requires the review of the records of unions and employment and speaking to co-workers. In some instances it is possible to examine more than 40 years of worker records.

Certain kinds of workers are more prone to be exposed to asbestos than others. This includes asbestos miners and construction workers working on sites containing asbestos, such a schools or hospitals, or refineries. Electricians, machinists, and painters are also at risk of asbestos exposure.

When asbestos becomes airborne, it is able to be breathed in by employees as well as other people who are in close proximity. Asbestos fibers can remain in the lungs for an extended period of time, causing serious medical issues. This is why it's so important for anyone who thinks they might be suffering from asbestosis to seek immediate medical treatment.

It can take 10, 20 or even 30 years for a diagnosis of mesothelioma to be established, so it is vital that anyone who suspects that they have an asbestos-related disease seek medical care right away. Victims of asbestos-related diseases can pursue companies that exposed them, or get compensation from an insurance company or a victim's trust that took on the responsibility of the original asbestos manufacturer.

Asbestos Diseases

Asbestos is a naturally occurring mineral fiber with three kinds- chrysotile, amosite and anthophyllite that were extracted for centuries due to their unique thermal insulating properties. Because of its strength and resistance to fire, asbestos was employed in a myriad of commercial and industrial products, such as building insulation, ship hulls ceiling tiles, and paints for fireproofing that contain chemicals. Millions of people have been exposed to asbestos in the course of their lifetime.

Asbestos exposure can cause various lung diseases and digestive tract. Mesothelioma and lung cancer the two most dangerous asbestos lawyers-related illnesses, are the most frequent. People who have been exposed to asbestos for prolonged periods of time are at highest risk for developing these health problems.

Asbestos can cause non-cancerous lung conditions like asbestosis, pleural thickening and plaque. These conditions are caused by scarring in the lungs caused by asbestos fibers. They hinder the lung's ability to efficiently transport oxygen into the bloodstream. Plaque or thickening of the pleura is usually a sign that the patient is at greater risk of having more serious asbestos-related lung problems like mesothelioma or asbestos-related cancer.

Mesothelioma is a rare type of cancer that affects the lining of the lungs (pleura) and the lining of the abdominal cavity as well as the lower digestive tract (peritoneum). It is mainly related to asbestos exposure, and is often fatal by the time it is detected. Mesothelioma can be diagnosed decades after the initial exposure, and symptoms might not manifest until later in the course of the disease.

Every year, 3,000 people are diagnosed with mesothelioma. People who suffer from this fatal condition are likely to have been exposed to asbestos throughout their many years of work typically in the military or construction industries. Even the family members of asbestos workers who didn't directly interact with it have been affected.

A person who has been diagnosed with mesothelioma, or has a loved one suffering from mesothelioma can sue for asbestos damages 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 specific time after being diagnosed with mesothelioma or discovering it.

Statute of Limitations

State laws can set an array of time limits for asbestos lawsuits. The clock for the statute of limitations generally begins to run at the time that a victim discovered or should have realized that their illness was caused by exposure to asbestos lawyers. Asbestos cases are often unique due to the lengthy latency period between exposure and diagnosis.

Due to the delayed nature of symptoms, a patient might have to undergo numerous medical tests and procedures in order to definitively establish that an asbestos-related illness was the root cause of their current condition. A patient's health condition could be complicated by other medical conditions or circumstances. This is why professional legal assistance is essential for establishing the timeline of a person's asbestos-related injuries.

The mesothelium is the layer of tissue that covers your major organs. It's most commonly found in the lungs, but can also affect the testicles, heart and abdomen. If you or someone close to you was exposed to asbestos and developed mesothelioma, you could be entitled to financial compensation from the businesses who mined, manufactured or used asbestos-containing materials in your workplace.

A mesothelioma settlement or verdict can help victims get back lost wages medical expenses as well as home and travel costs, funeral or burial costs of relatives who have died funeral or burial expenses. Asbestos patients and their families may also seek compensation for emotional distress, mental anguish, pain and suffering and loss of consortium.

The statute of limitations is governed by law of the state, and may vary based on the type of asbestos claim and the particulars of the case. For instance, the statute of limitations for asbestos claims involving personal injury typically runs from the time of a person's diagnosis, but in wrongful death cases, it is usually set at the time of a deceased family member's passing.

The best way to determine the state's statute of limitations is to consult with an experienced mesothelioma lawyer as soon as possible. It is crucial to start your lawsuit before the deadline statutory passes, as you will lose your right to file it.

Compensation

Most asbestos lawsuits are settled outside of court. An experienced attorney can negotiate compensation on your behalf.

You could be entitled to money for medical bills, lost wages and other costs resulting from your exposure to asbestos. You may also be entitled to damages for suffering and pain. In certain cases you may be awarded punitive damages in addition to compensatory damages. These are awards that are made at the judge or jury's discretion to penalize a defendant for actions that go beyond simple negligence.

Many mesothelioma patients and those suffering from other asbestos-related diseases don't have enough money to cover costs. Settlements can help patients and their families receive the medical treatment they require.

You must provide solid evidence of exposure to asbestos when filing a lawsuit. Your asbestos lawyer can gather records, interview witnesses and examine your work history in order to document your exposure to asbestos. An experienced attorney can determine the cause of your exposure using databases that contain information on thousands of work sites and asbestos-containing products.

The defendants in an asbestos lawsuit could be held accountable under one or more legal theories, like negligence, strict liability and breach of warranty. In negligence cases, the plaintiff has to prove the defendant knew of 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 does not have to be found negligent. Under breach of warranty, the plaintiff must demonstrate that the defendant breached a legal duty of care by selling an item that was unsafe for the purpose it was intended.

A mesothelioma attorney can help you to file a lawsuit against companies that are accountable for your asbestos lawyer 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.