Asbestos Lawsuits
Asbestos lawsuits seek compensation for asbestos-related diseases. Many of these cases involve companies who produced, mined or sold asbestos-containing products.
Asbestos-related victims can make a claim for damages such as medical expenses, lost wages, and other losses. The families of the victims may file claims against multiple accountable parties. In rare instances, the claims could be challenged in court.
Asbestos Litigation
Many workers who work with asbestos suffer from various diseases, including mesothelioma, lung cancer and other illnesses. The victims of asbestos often sue companies who exposed them to asbestos for compensation. This is known as asbestos litigation. Asbestos claims are filed under the personal injury law category. These cases are filed individually and not as part of a collective lawsuit. However, courts can combine asbestos cases against the same defendants to facilitate processing.
A mesothelioma attorney will gather evidence that proves a victim was exposed to asbestos. This could include medical documents, other records and testimony from a medical professional. Asbestos-related victims might also need to examine their previous employment history, including their employment and union records. This can be a time-consuming process, but it is essential for the success of a lawsuit against asbestos.
The most crucial aspect of an asbestos lawsuit is proving that the victim was exposed to asbestos. This is the most difficult part in a mesothelioma lawsuit since it requires a thorough review of the employment and union records as well as speaking with co-workers. In some instances it is possible to examine more than 40 years' worth of records of workers.
Certain types of workers have greater risk of asbestos exposure than other types of workers. This includes asbestos miners and construction workers who work on areas containing asbestos, such a schools or hospitals, or refineries. Painters, machinists and electricians are also at risk of asbestos exposure.
Asbestos can become airborne and then be inhaled by workers and people nearby. Asbestos particles can remain in the lungs for a lengthy period of time, leading to serious medical complications. This is why it's vital for anyone who suspects that they may be suffering from asbestos to seek immediate medical treatment.
It can take 10-20 or even 30 years for a diagnosis of mesothelioma to be established, which is why it is crucial that anyone who suspects that they have an asbestos-related disease seek medical care right away. Victims can sue the companies that exposed asbestos, or receive compensation from 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 kinds -- chrysotile, amosite and anthophyllite. They were mined for a long time due to their unique thermal insulating properties. Due to its strength and resistance against fire, asbestos has been utilized in a variety of industrial and commercial products, including building insulations, ship hulls, and ceiling tiles. It is estimated that millions of people were exposed to asbestos during their lives.
Asbestos exposure may cause various diseases that affect the lungs and digestive tract. Lung cancer and mesothelioma are the most common and deadly asbestos-related diseases. These diseases are more likely to affect those who have been exposed for a prolonged period to asbestos.
Asbestos can cause non-cancerous lung disorders like asbestosis, pleural thickening, or plaque. These conditions are caused by scarring of the lungs from asbestos fibers, which interferes with the lungs' ability to provide 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 is a disease that affects the lung linings as well as the lower digestive tract. It is mainly related to asbestos exposure and is typically fatal by the time it is discovered. Mesothelioma can develop years after exposure and symptoms may not appear until later in the course of the disease.
Each year, 3,000 Americans are diagnosed with mesothelioma. Those who suffer from this debilitating disease are likely to have been exposed to asbestos for many years in the workplace mostly in the military or construction industry. Even relatives of workers who did not work directly with asbestos have been affected.
A person 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 called statutes of limitations typically allow victims or their families to sue within a specified period of time following their diagnosis or the discovery of mesothelioma.
Statute of Limitations
State laws can establish an array of time limits for asbestos lawsuits. The statute of limitations clock usually starts to run when a victim discovers or should have discovered asbestos class action lawsuit copyright that their condition is caused by asbestos exposure. Asbestos cases can be unique due to the lengthy latency period between exposure and diagnosis.
Because of the delay of symptoms, patients may have to undergo multiple medical tests and procedures to determine if an asbestos-related disease was the cause of their current condition. In addition, a patient's health issues might be complicated due to other health issues or other life circumstances that could be the cause of their injuries. Legal advice from an experienced attorney is crucial in determining the timeframe of an asbestos-related injury.
Mesothelioma can be described as a cancer that affects the mesothelium - the tissue that covers your major internal organs. It is most often found in the lungs, but can also affect the testicles as well as the heart and abdomen. If you or someone close to you was exposed to asbestos and developed mesothelioma, you may be entitled to financial compensation from the companies who mined, manufactured or used asbestos-containing materials in your workplace.
A mesothelioma verdict or settlement can help victims recover lost wage, medical expenses such as travel and home care costs, funeral or burial costs of family members who have passed away, and funeral or burial expenses. Asbestos patients and their families may also seek damages for mental distress, emotional anxiety, pain and suffering and loss of consortium.
State laws set the statute of limitations and it can differ based on the type of asbestos claim being made and the details of the case. The statute of limitations in asbestos cases involving personal injury usually 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.
The best way to determine the statute of limitations in your state is to speak with an experienced mesothelioma lawyer as soon as possible. It is important to submit your lawsuit before the deadline statutory expires, otherwise you lose your right to do so.
Compensation
In the majority of cases, an asbestos lawsuit is settled out of court. A qualified lawyer can negotiate a compensation plan on your behalf.
You could be entitled to money for lost wages, medical bills and other costs resulting from your exposure to asbestos. You could also receive compensation for pain and suffering. In certain circumstances, you may be awarded punitive damage in addition to compensatory damages. These are awards given at the judge's or jury's discretion to penalize the defendant for actions that go beyond simple negligence.
Many mesothelioma sufferers and those with other asbestos-related illnesses do not have enough money to cover the costs. These settlements help victims and their families receive the medical treatment they require.
You must be able to present solid evidence of asbestos exposure when making a claim. Your asbestos lawyer will be able to gather documents, interview witnesses, and study your work history to document your exposure to asbestos. An experienced attorney can determine the cause of your exposure by using databases that contain details on thousands of job sites and asbestos-containing products.
In an asbestos case defendants may be held accountable under various legal theories that include negligence or strict liability, as well as breaching warranty. In negligence cases, the plaintiff must demonstrate that the defendant was aware or should have known of the dangers of exposure to asbestos and failed to take action to protect the victim. In strict liability cases, the defendant does not have to be found negligent. In cases of breach of warranty the plaintiff must demonstrate that the defendant breached their legal duty of care when they sold a product which was not appropriate for the intended use.
A mesothelioma attorney can help you bring a lawsuit against the companies responsible for your asbestos exposure. In many cases, asbestos exposure is the responsibility of a number 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.