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Asbestos Lawsuits

Asbestos lawsuits are filed to recover asbestos-related illnesses. These lawsuits usually involve companies that mined, manufactured, or sold asbestos-containing materials.

Asbestos victims are able to file claims for damages for medical expenses as well as lost wages and other losses. The victims and their family members could file claims against a variety of liable parties. In rare instances, claims could be contested in the court.

Asbestos Litigation

Many who work with asbestos suffer from different health problems, including mesothelioma, lung cancer and other illnesses. The victims of asbestos often sue companies who exposed them to seek compensation. This is referred to as asbestos litigation. Asbestos lawsuits fall under the personal injury section of the law. These cases are filed individually and not as part of a collective lawsuit. Courts often combine several asbestos cases brought against the same defendants to make processing easier.

A mesothelioma lawyer will gather evidence to prove that a person has been affected by asbestos exposure. This evidence will include medical records and other documents as well as testimony from a medical expert. Asbestos-related victims might also need to review their past work history, such as their employment and union records. This can be a lengthy procedure, but it's necessary for the success of any asbestos lawsuit.

The most crucial aspect of an asbestos lawsuit is to prove that the victim was exposed to asbestos. This is the most difficult part in a mesothelioma case as it requires the review of the records of unions and employment and also speaking to co-workers. In certain cases, this could include examining more than 40 years of documents.

Certain kinds of workers are at an increased risk of asbestos exposure over others. This includes miners who mine asbestos and construction workers who work on sites that contain asbestos, like schools, hospitals or refineries. Electricians, machinists, and painters are also at risk of asbestos exposure.

When asbestos becomes airborne it can be inhaled by employees and others who are nearby. Asbestos fibers can stay in lungs for long periods of time and cause serious medical issues. This is why it is crucial for anyone who thinks they might be suffering from asbestosis to seek immediate medical treatment.

It could take 10-20 or even 30 years for a mesothelioma diagnosis to be made, so it is vital that anyone who suspects that they have an asbestos-related disease seek medical care right away. Victims can pursue companies that exposed them, or receive compensation from an insurance company or a victim's trust, which assumed responsibility for the asbestos manufacturer that originally created.

Asbestos Diseases

Asbestos, a natural mineral fiber that comes in three types -amosite, chlorosotile and anthophyllite - has been mined for centuries due to its unique thermal insulation properties. Because of its strength and resistance to fire, asbestos was used 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 their lives.

Asbestos exposure can cause various diseases that affect the lungs and digestive tract. Mesothelioma and lung cancer, the two most deadly asbestos-related diseases, are the most common. People who have been exposed to asbestos for prolonged periods of time are at most risk of developing these diseases.

Asbestos can cause non-cancerous lung conditions like asbestosis, pleural thickening and plaque. These conditions are caused by scarring the lungs by asbestos fibers, which hinders the ability of the lungs to provide oxygen to the bloodstream. Plaque or pleural thickening is an indication of a greater risk for asbestos-related lung diseases like asbestosis and mesothelioma.

Mesothelioma is a rare type of cancer that affects the lung's lining (pleura) and the the abdominal cavity and the lower digestive tract (peritoneum). It is almost exclusively caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma typically develops after decades of initial exposure and may not manifest any symptoms until the final stages of the disease.

In the U.S., 3,000 people are diagnosed with mesothelioma every year. Those suffering from this devastating condition were likely exposed to asbestos for several years at work, most commonly in the construction or military industry. Even relatives of workers who did not directly work with asbestos have been afflicted.

A person diagnosed with mesothelioma or a family member suffering from the disease can sue asbestos-related companies. State laws, called statutes or limitations, permit victims and their family members to sue a company within a certain time period after being diagnosed with mesothelioma or discovering it.

Statute of limitations

State laws can provide various time limits for asbestos lawsuits. The statute of limitations clock typically begins to run when a victim learns or should have realized that their illness was caused by exposure to asbestos. Asbestos cases may be distinct due to the long time between exposure and diagnosis.

Due to the delayed nature of symptoms, patients may need to undergo multiple medical tests and procedures in order to definitively determine that an asbestos-related illness was the root cause of their current condition. Furthermore, the health issues might be complicated by other health issues or life circumstances which could be the root cause of their injuries. For these reasons, expert legal advice is essential in determining the timeframe of a person's asbestos-related injuries.

The mesothelium is the layer of tissue that surrounds all of your major organs. It's typically found in the lungs, but can also affect the testicles, the heart and abdomen. If you or a loved one 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 successful mesothelioma verdict or settlement could help victims get back lost wages, medical expenses, travel costs, home care and funeral or burial expenses for relatives who have passed away. 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 set by law of the state, and can differ based on the type of asbestos claim and the specifics of the case. For example, the statute of limitations for asbestos claims involving personal injury typically begins to run at the date of a person's diagnosis, but for wrongful death cases, it is usually set on the date of a family member's death.

The best method of determining the statute of limitations in your state is to talk to an expert mesothelioma lawyer as quickly as you can. It is crucial to start your lawsuit before the deadline statutory expires, otherwise you lose the right to file a lawsuit.

Compensation

In the majority of cases, an asbestos lawsuit settles outside of court. A competent attorney can negotiate compensation on your behalf.

You could be entitled to compensation for lost wages, medical bills and other expenses resulting from exposure to asbestos. You could also receive compensation for pain and suffering. In some cases, you can be awarded punitive damages in addition to compensatory damages. These are damages that are awarded at the discretion of a judge or jury as punishment for actions that go above and beyond simple negligence.

Many mesothelioma patients and those with other asbestos-related illnesses do not have enough money to cover the costs. These settlements can help victims and their families get the medical care they need.

You must provide solid evidence of asbestos exposure prior to filing a lawsuit. Your asbestos lawyer can gather documents, speak with witnesses and review your work history to prove your asbestos exposure. A knowledgeable attorney can determine the source of your exposure using databases that provide details on thousands of work sites and asbestos-containing products.

In an asbestos case defendants could be held accountable under a variety of legal theories, including negligence, strict liability, and breaching warranty. In negligence cases, the plaintiff must establish that the defendant was aware or should have known of the risk of exposure to asbestos and failed to take appropriate action to protect the victim. In strict liability cases the defendant doesn't have to be found negligent. In the case of breach of warranty, a plaintiff must show that the defendant violated a legal duty of care by selling a product that was not safe for its intended purpose.

A mesothelioma lawyer can help you bring a lawsuit against the companies responsible for your asbestos lawyers exposure. Often, several different companies are responsible 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 can help you navigate the VA claims process and file an accurate claim.