Asbestos Lawsuits

Asbestos 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-related victims may file a claim to recover damages like medical expenses, lost wages and other losses. The victims and their families may file claims against several responsible parties. In rare instances, claims may be contested in court.

Asbestos Litigation

asbestos lawyers causes a variety of health issues in people who are exposed to asbestos, such as mesothelioma, lung cancer and a host of other ailments. They sue the businesses who exposed asbestos to recover compensation. This is known as asbestos litigation. Asbestos-related claims fall within the personal injury section of the law. This means that these cases are filed in individual lawsuits, not in group lawsuits. Courts may combine multiple asbestos cases brought against the same defendants to make processing easier.

A mesothelioma lawyer will collect evidence to prove that a victim has suffered from asbestos exposure. This evidence will comprise medical records and other documents as well as testimony from an expert in medical science. Asbestos-related victims may also need to look over their work history, such as the union or employment records. This can be a long procedure, but it's vital to the success of a lawsuit against asbestos.

The most important part of an asbestos lawsuit is proving that the victim was exposed to asbestos. This is the most difficult part in a mesothelioma case as it requires the review of employment and union records, as well as speaking to co-workers. In certain cases it is possible to examine more than 40 years of worker records.

Certain types of workers are at a higher risk of exposure to asbestos than others. This includes miners who mine asbestos, and construction workers who work on construction sites that contain asbestos, like refineries, hospitals, schools or hospitals. Painters, machinists and electricians are also at risk of exposure to asbestos.

Asbestos can become airborne and then be inhaled by workers and people nearby. Asbestos fibers can stay in the lungs for a long period of time and can cause serious medical problems. It is crucial that anyone who suspects they might be suffering from asbestos should seek immediate medical attention.

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

Asbestos Diseases

Asbestos is a natural mineral fiber with three kinds -amosite, chrysotile and anthophyllite -- that were mined for centuries because of their unique thermal insulating properties. Because of its strength and resistance to fire, asbestos was employed in a myriad of industrial and commercial products, including building insulation, ship hulls ceiling tiles, and chemical fireproofing paints. Millions of people have been exposed to asbestos over their lives.

Exposure to asbestos attorneys may cause several illnesses that affect the lungs, heart and gastrointestinal tract. Mesothelioma and Lung cancer the two most dangerous asbestos-related diseases, are among the most common. These diseases are more likely to affect those who have been exposed for a prolonged period to asbestos.

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 lungs' ability to provide oxygen to the bloodstream. Plaque thickening or pleural thickening can be an indication of a greater risk of developing asbestos-related lung diseases like asbestosis and mesothelioma.

Mesothelioma is a rare type of cancer that affects the lung's lining (pleura) and the lining of the abdominal cavity as well as the lower digestive tract (peritoneum). It is most often caused by asbestos exposure, and can be fatal if diagnosed. Mesothelioma can be diagnosed decades after exposure to asbestos, and symptoms may not be apparent until late in the disease.

In the U.S., 3,000 people are diagnosed with mesothelioma every year. The people who suffer from this debilitating disease were probably exposed to asbestos for many years in the workplace, most commonly in the military or construction industry. Even family members of workers who did not work directly with asbestos lawyers have been afflicted.

A person who has been diagnosed with mesothelioma or has a loved one suffering from mesothelioma, may file an asbestos lawsuit against companies responsible for their exposure. State laws, also referred to as statutes or limitations, allow victims and their families to sue a business within a specific time 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 determined by law of the state and can vary widely. The clock for the statute of limitations typically begins to run when a victim discovers or should have discovered that their illness is caused by exposure to asbestos. Asbestos cases can be unique due to the lengthy interval between exposure and diagnosis.

A patient may require multiple medical tests to prove that asbestos-related diseases are the cause of the current condition. A victim's health issue may be complicated by other medical conditions or circumstances. Legal assistance from an expert is crucial in determining the timeframe of an asbestos-related injury.

Mesothelioma can be described as a cancer that affects the mesothelium - the tissue that surrounds your major internal organs. It is most common in the lungs, but it can also affect testicles as well as the abdomen. If you or a loved one was exposed to asbestos and then developed mesothelioma, you may be entitled to financial compensation from the companies that mined, produced or used asbestos-containing products at your workplace.

A mesothelioma judgment or settlement can help victims recover lost wage and medical expenses such as travel and home care costs funeral or burial expenses of relatives who have died and funeral or burial expenses. Asbestos victims and their families may also seek compensation for suffering and pain and loss of consortium emotional distress and mental stress.

Statutes of limitations are set by the law of the state and can differ based on the nature of the asbestos claim and the particulars of the case. For instance the statute of limitations for asbestos claims for personal injury usually begins to run at the date of a person's diagnosis, however for cases of wrongful death it is usually established on the date of a deceased family member's death.

Consult an experienced mesothelioma attorney immediately to learn about the statutes of limitation in the state. It is important to submit your lawsuit before the deadline statutory passes, as you will lose the right to file it.

Compensation

The majority of asbestos lawyers lawsuits are settled outside of court. A competent lawyer can negotiate a compensation package on your behalf.

You may be eligible for compensation for medical expenses as well as lost wages and other expenses incurred due to your asbestos exposure. You may also be entitled to compensation for discomfort and pain. In certain circumstances, you may be awarded punitive damages in addition to compensatory damages. These are awards given at the judge's or jury's discretion to penalize a defendant for behavior that goes beyond negligence.

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

You must be able to present solid evidence of asbestos exposure when filing a lawsuit. Your asbestos lawyer can gather records, interview witnesses, and look over your work history to prove your exposure to asbestos. A knowledgeable attorney can use databases to determine the source of exposure which include information on a variety of asbestos-containing items and job sites.

Defendants in asbestos claims are liable under one or more legal theories, such as negligence, strict liability or breach of warranty. In negligence cases, the plaintiff must prove that the defendant knew or ought to have known of the dangers of exposure to asbestos and failed to take action to protect the victim. Strict liability cases do not require proof that the defendant was negligent. In breach of warranty cases the plaintiff must demonstrate that the defendant breached their duty of care under the law when they sold a product that was not suitable for the purpose it was intended to serve.

A mesothelioma lawyer can help you to file a lawsuit against companies responsible for your exposure to asbestos. In many cases asbestos exposure is a result of a variety 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.