Asbestos Lawsuits
Asbestos lawsuits seek compensation for asbestos-related diseases. These lawsuits usually involve companies that mined, manufactured or sold asbestos-containing products.
Asbestos victims make claims to recover damages for medical expenses or lost wages, among other losses. The victims and their family members could file claims against a variety of liable parties. In rare cases, cases may be contested in the court.
Asbestos Litigation
Many who work with asbestos suffer from various diseases, including mesothelioma, lung cancer, and other illnesses. They often sue companies who exposed them for compensation. This is referred to as asbestos litigation. Asbestos claims are filed under the personal injury law category. These cases are filed individually, rather than as part of a collective lawsuit. Courts will sometimes combine several asbestos cases against the same defendants in order to make processing easier.
A mesothelioma lawyer will collect evidence to prove that a victim has been affected by asbestos exposure. This could include medical records, other documents and testimony from a medical specialist. Asbestos-related victims might also need to examine their previous work history, such as the union or employment records. This can be a lengthy process, but it's crucial to the success of a lawsuit against asbestos.
The most important part of an asbestos lawsuit is to prove that the victim was exposed to asbestos. This is the most difficult part in a mesothelioma claim since it requires a thorough review of employment and union records and also speaking with coworkers. In some cases it is possible to examine more than 40 years' worth of worker records.
Certain kinds of workers are more likely to be exposed to asbestos than other types of workers. This includes asbestos miners and construction workers who work on sites containing asbestos, such a schools or hospitals, as well as refineries. Other occupations which are at risk of being exposed to asbestos include machinists, electricians and painters.
When asbestos is airborne, it can be breathed in by employees and other people who are nearby. Asbestos fibers can stay in lungs for long periods of time and cause serious medical problems. It is crucial to ensure that anyone who suspects they might be suffering from asbestos issues seeks immediate medical care.
Mesothelioma can take up to 30 years to diagnose and, therefore, anyone who suspects they may have 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 seek compensation from a victim's trust fund or an insurance company that has assumed responsibility for the asbestos manufacturer that originally exposed them to asbestos.
Asbestos Diseases
Asbestos is a natural mineral fiber with three types -amosite, chrysotile and anthophyllite that were mined for centuries because of their unique thermal insulating 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, as well as chemical fireproofing paints. Millions of people have been exposed to asbestos over the course of their lifetime.
Asbestos exposure can cause many lung diseases and digestive tract. Lung cancer and Mesothelioma the two most dangerous asbestos-related diseases, are among the most prevalent. People who have been exposed to asbestos for extended periods of time are at the highest risk for developing these health problems.
Asbestos exposure can also cause non-cancerous lung disorders such as asbestosis and pleural plaque or thickening. These conditions result from scarring of the lungs from asbestos fibers, which interferes with the ability of the lungs to supply oxygen to the bloodstream. Plaque or pleural thickening is an indication of a higher risk for asbestos-related lung diseases like asbestosis or mesothelioma.
Mesothelioma is a rare form of cancer, affects the lung linings and the lower digestive tract. It is most often caused by asbestos exposure, and can be fatal if diagnosed. Mesothelioma typically develops after decades of initial exposure and may not manifest any symptoms until the end of the disease.
Each year, 3,000 Americans are diagnosed mesothelioma. The people who suffer from this deadly disease were likely exposed to asbestos over many years of work mostly in the military or construction industries. Even family members of workers who didn't work directly with asbestos have been affected.
A person who has been diagnosed with mesothelioma, or has a loved one with mesothelioma, can sue for asbestos damages against the companies responsible for their exposure. State laws known as statutes of limitations generally allow victims or their families to file a lawsuit within a certain time frame following the diagnosis or finding of mesothelioma.
Statute of limitations
The statute of limitations, or time limit for asbestos lawsuits, is set by state law and can differ in a wide range. The statute of limitations clock generally starts running at the time a victim realized or should have known that their illness was caused by exposure to asbestos. Asbestos cases can be unique due to the long time between exposure and diagnosis.
Due to the delayed onset of symptoms, a patient may need to undergo multiple medical tests and procedures to establish that an asbestos-related illness was the root cause of their current health issue. In addition, a patient's health problems could be exacerbated by other health issues or other life circumstances that could be the reason for their injuries. Therefore, expert legal assistance is crucial in determining the timeframe of an individual's asbestos-related injuries.
Mesothelioma can be described as a cancer that affects mesothelium, the tissue that surrounds your main internal organs. It is most prevalent in the lungs, but can also affect the testicles and the abdomen. If you or a loved one was exposed to asbestos and later developed mesothelioma in the past, you may be eligible for financial compensation from the companies which mined, produced or used asbestos-containing materials in your workplace.
A mesothelioma verdict or settlement could help victims get back lost wages and medical expenses, travel and home care costs, funeral or burial costs of relatives who have died and funeral or burial expenses. Asbestos patients and their families can also seek compensation for emotional distress, mental anxiety, pain and suffering and loss of consortium.
State laws determine the time limit for a claim, which can vary depending on the type of asbestos claim is being made and the particulars of the case. The statute of limitations for asbestos claims involving personal injury typically starts when the diagnosis is made. However, for wrongful death claims, it is determined at the time that the deceased family member has passed away.
The best way to determine the statute of limitations in your state is to talk to an experienced mesothelioma lawyer as soon as you can. It is important to start your lawsuit before the deadline for filing a lawsuit expires, or you'll lose the right to file a lawsuit.
Compensation
In most instances, an asbestos lawsuit settles outside of court. A lawyer with experience can negotiate a compensation package on your behalf.
You could be eligible to compensation for medical expenses or lost wages, as well as other expenses related to the exposure to asbestos. You could also be entitled to compensation for pain and discomfort. In certain circumstances, you may be awarded punitive damages in addition to compensatory damages. These are awards that are made at the judge's or jury's discretion to penalize an individual for actions that go beyond simple negligence.
Many mesothelioma patients and those with other asbestos-related illnesses do not have enough money to cover the costs. Settlements may help victims and their families get 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 collect documents, speak with witnesses and review your work history in order to document your asbestos exposure. An experienced attorney can determine the cause of your exposure using databases that provide details on a variety of workplaces and asbestos-containing products.
The defendants in an asbestos lawsuit can be held liable under one or more legal theories, such as negligence, strict liability and breach of warranty. In negligence cases, the plaintiff has to prove the defendant knew of or ought to have known about the dangers of exposure to asbestos but failed to protect the victim. Strict liability cases do not require proof that the defendant was negligent. In breach of warranty cases, a plaintiff has to prove that the defendant violated their legal duty of care when they sold a product that was not appropriate for the purpose it was intended to serve.
A mesothelioma attorney can help you bring a lawsuit against the companies accountable for your asbestos exposure. Often, several different 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 asbestos lawyer claim.