Asbestos Lawsuits

asbestos attorneys lawsuits seek to compensate victims of asbestos-related diseases. A large portion of these cases involve companies that produced, mined, or sold asbestos-containing products.

Asbestos victims are able to file claims for damages for medical expenses as well as lost wages and other losses. The families of the victims may file claims against multiple accountable parties. In rare instances, claims may be contested in court.

Asbestos Litigation

Many workers who work with asbestos suffer from a variety of diseases, including mesothelioma and lung cancer among other illnesses. These victims sue the companies who exposed asbestos to recover compensation. This is known 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. Nevertheless, courts sometimes join several asbestos cases against the same defendants for faster processing.

A mesothelioma lawyer will collect evidence to show that a victim has suffered from asbestos exposure. The evidence could include medical records, other documents and testimony from a medical specialist. Asbestos victims may also need to examine their work history, including the union and employment 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 hardest step in a mesothelioma claim because it requires reviewing the employment and union records as well as a discussion with co-workers. In certain cases it is possible to examine more than 40 years of records of workers.

Some types of workers are more prone to be exposed to asbestos attorney than other types of workers. This includes asbestos miners and construction workers who work on areas with asbestos, for example schools or hospitals, as well as refineries. Painters, machinists and electricians are also at risk of exposure to asbestos.

Asbestos particles can be airborne and inhaled by workers and people nearby. asbestos lawyer fibers can stay in the lungs for a long period of time and can cause serious medical issues. This is why it is so important for anyone who thinks they may be suffering from asbestosis to seek immediate medical treatment.

Mesothelioma can take up to 30 years to detect, so anyone who suspects they have asbestos-related cancer should seek medical attention immediately. Victims of asbestos-related diseases can sue the companies who exposed asbestos, or receive compensation from an insurance company or a victim's trust that assumed responsibility for the asbestos manufacturer who originally posed the risk.

Asbestos Diseases

Asbestos is a natural mineral fiber of three kindsamosite, chrysotile and anthophyllite -- that were extracted for centuries due to their 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 ship hulls, building insulation ceiling tiles, as well as chemical fireproofing paints. It is estimated that millions of people were exposed to asbestos during their lives.

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

Asbestos exposure can cause non-cancerous lung disorders like asbestosis and the formation of pleural plaques or thickening. These conditions are caused by lung scarring caused by asbestos fibers and affect the lung's capacity to effectively transport oxygen into the bloodstream. Plaque or thickening of the pleura is usually a sign that the patient is at greater risk for more serious asbestos-related lung diseases, such as 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 and lower digestive tract (peritoneum). It is usually caused by asbestos exposure, and is often fatal when diagnosed. Mesothelioma usually develops years after initial exposure and may not manifest any symptoms until the late stages of the disease.

Every year, 3,000 people are diagnosed mesothelioma. Those who have this deadly disease were likely exposed to asbestos throughout their many years of work typically in the construction or military industries. Even family members of workers who did not work directly with asbestos have been affected.

A person diagnosed with mesothelioma or a family member suffering from the disease can bring a lawsuit against asbestos-related companies. State laws, also known as statutes of limitations usually allow victims or their families to file a lawsuit within a certain time frame following their diagnosis or discovery of mesothelioma.

Statute of Limitations

State laws can establish a wide range of time limits for asbestos lawsuits. The clock for the statute of limitations usually starts to run when a victim learns or should have realized that their illness was caused by asbestos exposure. Asbestos cases can be unique due to the long latency period between exposure and diagnosis.

A patient could require several medical tests to prove that asbestos-related illnesses are the cause of the health issue. The health issues of a victim could be exacerbated by other medical conditions or life circumstances. Expert legal assistance is therefore crucial to establish the timeline of an asbestos-related accident.

Mesothelioma can be described as a cancer that affects mesothelium - the tissue that covers your major internal organs. It is most prevalent in the lungs, but it can also affect the testicles and the abdomen. If you or a loved one was exposed to asbestos and developed mesothelioma in the past, you may be eligible for financial compensation from the businesses that mined, produced or used asbestos-containing materials in your workplace.

A successful mesothelioma verdict or settlement could allow victims to get back lost wages and medical expenses and travel costs, as well as funeral or burial expenses for family members who have passed away. Asbestos victims and their families could also seek compensation for pain and suffering and loss of consortium mental distress and emotional anguish.

State laws establish the time limit for a claim that can differ depending on the type of asbestos claim being filed and the specifics of the case. The time limit for filing a claim in asbestos claims involving personal injury typically starts at the time of diagnosis. For wrongful death claims, it is determined by the date that the deceased family member has passed away.

Get a mesothelioma lawyer with experience immediately to learn about the statutes of limitations in your state. You will lose your right if you do not file your lawsuit within the deadline set by law.

Compensation

In the majority of instances, an asbestos lawsuit is settled out of court. A competent lawyer can negotiate a settlement on your behalf.

You may be entitled to compensation for lost wages, medical bills and other expenses resulting from exposure to asbestos. You could also be entitled to damages for pain and discomfort. In certain cases, you could be awarded punitive damages in addition to compensatory damages. These are awards that are made at the judge's or jury's discretion to punish an individual for behavior that goes beyond negligence.

Many mesothelioma sufferers and those with other asbestos-related diseases don't have enough money to cover expenses. Settlements can help patients and their families get the medical treatment they require.

You must be able to present solid evidence of asbestos exposure when filing a lawsuit. Your asbestos lawyer can gather documents, interview witnesses and review your work history to prove your exposure to asbestos. An experienced attorney can make use of databases to determine the source of exposure, which contains information on thousands of asbestos-containing products as well as job sites.

In an asbestos case defendants may be held responsible under various legal theories, including negligence or strict liability. They can also be held accountable for breaching warranty. In negligence cases, the plaintiff has to demonstrate that the defendant knew about or ought to have known about the dangers of exposure to asbestos but did not take the necessary precautions to protect the victim. In strict liability cases, the court does not require proof that the defendant committed a negligent act. In breach of warranty cases, a plaintiff has to demonstrate that the defendant violated their duty of care as a legal person when they sold a product that was not suitable for the purpose it was intended to serve.

A mesothelioma lawyer can help you bring a lawsuit against the companies that are accountable for your asbestos exposure. In many cases asbestos exposure is a result 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.