Asbestos Lawsuits

Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. These cases often involve companies who made, mined or sold asbestos-containing products.

Asbestos-related victims can file a claim to recover damages, including medical expenses, lost wages, and other losses. The families of the victims can file claims against a variety of liable parties. In rare cases, cases could be contested in court.

Asbestos Litigation

Asbestis causes a variety of health issues in people who suffer from mesothelioma, lung cancer, and other illnesses. The victims of asbestos often sue companies who exposed them for compensation. This is known as asbestos litigation. Asbestos claims fall under the personal injury category of law. These cases are filed individually and not as part of a collective lawsuit. Nevertheless, courts sometimes join several asbestos cases against the same defendants for easier processing.

A mesothelioma lawyer can gather evidence to show that a victim has been affected by asbestos exposure. This evidence can include medical records and other documents and testimony from medical experts. Asbestos victims may also need to examine their employment history, including their employment and union records. This can be a lengthy process, but it is vital to the success of an asbestos lawsuit.

The most important part of an asbestos lawsuit is proving that the victim was exposed to asbestos. This is the most difficult step in a mesothelioma lawsuit as it requires the review of the records of employment and unions as well as speaking with coworkers. In certain cases, it may be necessary to examine more than 40 years' worth of worker records.

Certain types of workers have greater risk of exposure to asbestos than others. This includes miners who mine asbestos, and construction workers who work in areas that contain asbestos, such as refineries, hospitals, schools or hospitals. Other occupations that are at high risk of exposure to asbestos include machinists electricians and painters.

When asbestos is airborne, it can be inhaled by employees as well as other people who are in close proximity. Asbestos fibers can stay in lungs for long periods of time, and can trigger serious medical problems. It is crucial to ensure that anyone who suspects they might be suffering from asbestos issues seeks immediate medical attention.

Mesothelioma may take up to 30 years to be diagnosed and therefore anyone who suspects that they have asbestos-related cancer should seek medical attention as soon as possible. Victims of asbestos-related diseases can sue companies that exposed asbestos, or be compensated by an insurance company or a victim's trust, which assumed responsibility for the asbestos manufacturer that originally created.

Asbestos Diseases

Asbestos is a natural mineral fiber that has three kindsamosite, chrysotile and anthophyllite. They were extracted for centuries due to their unique thermal insulating properties. Due to its strength and resistance against fire, asbestos has been used in a variety of industrial and commercial products like building insulations, ship hulls, and ceiling tiles. Millions of people have been exposed to asbestos throughout the course of their lives.

Exposure to asbestos can cause various ailments that affect the lungs, heart and the gastrointestinal tract. Lung cancer and mesothelioma are the most prevalent and deadly asbestos-related ailments. People who have been exposed to asbestos for long periods of time are at highest risk for developing these diseases.

Asbestos may cause non-cancerous lung disorders such as asbestosis, pleural thickening, or plaque. These conditions result from scarring in the lungs caused by asbestos fibers. They interfere with the lung's ability to properly get oxygen into the bloodstream. The appearance of plaques or thickening in the pleural cavity is usually a sign that an individual is at higher risk of developing more serious asbestos-related lung problems, such as mesothelioma or asbestos cancer.

Mesothelioma is a rare cancer that affects the lung's lining (pleura) and the the abdominal cavity and the lower digestive tract (peritoneum). It is mainly related to asbestos exposure and is typically fatal by the time it is discovered. Mesothelioma can be diagnosed decades after the initial exposure, and symptoms may not be apparent until late in the disease.

In the U.S., 3,000 people are diagnosed with mesothelioma every year. Those who have this deadly disease were likely exposed to asbestos over many years of employment mostly in the military or construction industries. Even the relatives of asbestos workers who did not directly interact with it have been affected.

A person diagnosed with mesothelioma, or a family member with the disease can bring a lawsuit against asbestos-related companies. State laws called statutes of limitations generally permit victims or their families to file a lawsuit within a certain period of time after their diagnosis or the discovery of mesothelioma.

Statute of Limitations

The statute of limitations, or time limit for asbestos lawsuits, is set by the law of the state and may vary widely. The clock for the statute of limitations typically begins to run when a victim finds out or should have realized that their illness was caused by exposure to asbestos. Asbestos cases are distinct because the time between exposure and diagnosis can often be decades between exposure to asbestos and the first diagnosis.

Due to the delayed nature of symptoms, patients may have to undergo numerous medical tests and procedures to definitively determine if an asbestos-related disease was the reason for their current condition. Furthermore, the health problems could be exacerbated by other health problems or life events that could be the root cause of their injuries. Therefore, expert legal assistance is crucial to determine the time frame of an individual's asbestos-related injuries.

The mesothelium is the tissue that covers your major organs. It's typically 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 in the past, you may be eligible for financial compensation from the businesses that mined, produced or used asbestos-containing products at your workplace.

A successful mesothelioma settlement or verdict can help victims recuperate lost wages as well as medical expenses, travel costs, funeral or burial costs for family members who have passed away. Asbestos patients and their families could also seek damages for emotional distress, mental suffering, anguish and loss of consortium.

State laws determine the time limit for a claim, which can vary depending on the type of asbestos claim being filed and the specifics of the case. The statute of limitations for personal injury asbestos cases usually is set when the diagnosis is made. In the case of wrongful death claims, it is determined at the time that the deceased family member passed died.

Get a mesothelioma lawyer with experience immediately to find out the statutes of limitations in your state. You will lose your right if you do not file your lawsuit within the statutory deadline.

Compensation

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

You may be eligible to compensation for medical costs, lost wages and other expenses incurred due to your asbestos exposure. You may also be entitled to damages for suffering and pain. In certain cases you could be awarded punitive damages in addition to your compensatory damages. These are awards that are made by a judge or jury at their discretion to punish the defendant for conduct that goes beyond mere negligence.

Many victims of mesothelioma and other asbestos-related illnesses do not have the funds to cover these costs on their own. These settlements help victims and their family members get the medical treatment they need.

When filing an asbestos lawsuit, you must provide solid evidence of your exposure to asbestos. Your asbestos lawyer will be able to collect documents, speak with witnesses, and study your work history to document your exposure to asbestos. An experienced attorney can determine the source of your exposure by using databases that have information on thousands of job sites and asbestos-containing products.

In an asbestos case, defendants can be held responsible under a variety of legal theories that include negligence, strict liability, and breaching a warranty. In negligence cases, the plaintiff has to establish that the defendant knew of or ought to have known about asbestos exposure risks but did not take the necessary precautions to protect the victim. In strict liability cases, the defendant does not need to prove negligence. Under breach of warranty, a plaintiff must show that the defendant breached the lawful obligation of care by selling an item that was unsafe for its intended use.

A mesothelioma attorney can help you file a lawsuit against companies that are responsible for your asbestos exposure. Many times asbestos exposure is the responsibility of several 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.