Asbestos Lawsuits

Asbestos lawsuits seek to compensate victims of asbestos-related diseases. Many of these cases involve companies that produced, mined, or sold asbestos-containing products.

Asbestos-related victims can make a claim for damages, including medical expenses, lost wages and other losses. The victims and their families may file claims against multiple liable parties. In rare cases, cases could be contested in court.

Asbestos Litigation

Many people who work with asbestos suffer from different health issues, such as mesothelioma and lung cancer among other diseases. These victims often sue the companies who exposed them for compensation. This is known as asbestos litigation. Asbestos lawsuits fall under the personal injury category of law. This means that these claims are filed in individual lawsuits, not in group lawsuits. However, courts may join several asbestos cases against the same defendants for easier processing.

A mesothelioma lawyer will gather evidence to prove that a victim was exposed to asbestos. This evidence will comprise medical records and other documents, and testimony from an expert in medical science. Asbestos-related victims may also have to review their past employment history, including the union or employment records. This can be a lengthy process, but it is crucial to the success of a lawsuit against asbestos.

Proving that the victim was asbestos-exposed is essential for an asbestos lawsuit. This is the most difficult part in a mesothelioma case because it requires reviewing the records of unions and employment, as well as speaking to co-workers. In certain situations, this may involve examining more than 40 years of documents.

Certain kinds of workers are more likely to be exposed to asbestos than other types of workers. This includes miners who mine asbestos and construction workers who work in areas that contain asbestos, like refineries, hospitals, schools or hospitals. Other occupations that are at risk of exposure to asbestos include machinists electricians and painters.

Asbestos can become airborne and inhaled by people working in the vicinity and by those who are nearby. Asbestos fibers can remain in the lungs for a lengthy period of time, which can cause serious medical issues. It is crucial that anyone who suspects they might be suffering from asbestos issues seeks immediate medical treatment.

Mesothelioma may take up to 30 years to detect and, therefore, anyone who suspects they may have asbestos-related cancer should seek medical attention as soon as possible. Victims could be able to sue the companies who exposed them, and they may also be able to receive compensation from a trust fund or insurance company that has assumed liability for the asbestos manufacturer who originally posed the risk.

Asbestos Diseases

Asbestos, which is a naturally occurring mineral fiber that is found in three types -- amosite, chrysotile and anthophyllite - - has been mined for a long time due to its unique thermal insulation properties. Because of its durability and resistance to fire, asbestos was utilized in a variety of commercial and industrial products, including ship hulls, building insulation, ceiling tiles and paints for fireproofing that contain chemicals. Millions of people have been exposed to asbestos over their lives.

Exposure to asbestos can trigger several illnesses that affect the lungs, heart and gastrointestinal tract. Lung cancer and mesothelioma are the most common and deadly asbestos-related diseases. These health issues are most likely to affect people who have been exposed for a prolonged period to asbestos.

Asbestos exposure can also cause non-cancerous lung diseases like asbestosis and the formation of pleural plaques or thickening. These conditions result from scarring of the lungs by asbestos fibers, which can hinder the ability of the lungs to provide oxygen to the bloodstream. Plaque thickening or pleural thickening can be a sign of a higher chance of developing asbestos-related lung disease like asbestosis and mesothelioma.

Mesothelioma is a rare cancer that affects the lining of the lungs (pleura) and the lining of the abdominal cavity and lower digestive tract (peritoneum). It is mainly related to asbestos exposure and is typically fatal at the time it is detected. Mesothelioma typically develops after decades of initial exposure and may not be symptomatic until the late stages of the disease.

Each year, 3,000 Americans are diagnosed with mesothelioma. Those who suffer from this debilitating disease were probably exposed to asbestos for many years at work, most commonly in the military or construction industry. Even the relatives of asbestos workers who didn't directly work with asbestos have been affected.

A person who has been diagnosed with mesothelioma, or who has a loved one suffering from mesothelioma, may file an asbestos lawsuit against the companies responsible for their exposure. State laws, called statutes or limitations, permit victims and their families to sue a business within a certain time period after being diagnosed with mesothelioma or being notified of it.

Statute of limitations

The statute of limitations, also known as the time limit, for asbestos lawsuits, is set by law of the state and can differ widely. The statute of limitations clock typically begins to run when a victim finds out or should have realized that their illness was caused by asbestos exposure. Asbestos cases may be unique due to the lengthy interval between exposure and diagnosis.

A patient may require multiple medical tests to establish that asbestos-related diseases are the cause of the current health issue. Furthermore, the health issues could be complicated by other health problems or other life circumstances that could have been the root cause of their injuries. Legal advice from an experienced attorney is crucial in determining the timeframe of an asbestos-related injury.

The mesothelium, or the lining of your body, is the tissue that covers all of your major organs. It's most commonly found in the lungs, but can also affect the testicles as well as the heart and abdomen. If you or someone you love was exposed to asbestos in the workplace and developed mesothelioma you may be entitled to financial compensation from companies that mined asbestos or made asbestos-containing products, or employed asbestos-containing products in your workplace.

A mesothelioma settlement or verdict could allow victims to recuperate lost wages, medical expenses such as travel and home care costs funeral or burial expenses of relatives who have died and funeral or burial expenses. Asbestos patients and their families could also seek damages for mental distress, emotional anguish, pain and suffering and loss of consortium.

The statute of limitations is governed by law of the state, and may vary based on the nature of the asbestos claim and the specifics of the case. For example the statute of limitations for personal injury asbestos claims typically begins to run at the time of a person's diagnosis, however for claims involving wrongful deaths, it is usually set by the date of a family member's death.

The best way to determine the state's statute of limitations is to consult with an experienced mesothelioma lawyer as soon as you can. You will lose your right if you don't file your lawsuit by the deadline set by law.

Compensation

In most cases, asbestos lawsuits is settled out of court. A qualified attorney can negotiate compensation on your behalf.

You may be entitled to compensation for medical costs as well as lost wages and other expenses related to your asbestos exposure. You may also be entitled to damages for suffering and pain. In some cases you could be awarded punitive damages in addition to your 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 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 access the medical treatment they require.

If you are filing an asbestos lawsuit, you must have proof of exposure to asbestos. Your asbestos lawyer can collect documents, speak with witnesses and review your work history to prove your asbestos exposure. A skilled attorney can also make use of databases to determine the source of exposure, which contains information on thousands of asbestos-containing items and job websites.

In asbestos lawyer cases, defendants can be held responsible under various legal theories that include negligence or strict liability. They can also be held accountable for breaching a warranty. In negligence cases, the plaintiff must prove the defendant knew of or should have known about the dangers of exposure to asbestos but failed to protect the victim. In strict liability cases the defendant does not have to be found negligent. In breach of warranty cases the plaintiff must show that the defendant breached their duty of care under the law when they sold a product which was not fit for the intended use.

A mesothelioma attorney can help you file a lawsuit against companies that are responsible for your asbestos 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.