Asbestos Lawsuits
Asbestos lawsuits seek compensation for asbestos-related illnesses. Many of these cases involve companies who 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 family members may file claims against several accountable parties. In rare cases, the claims could be contested in court.
Asbestos Litigation
Asbestos can cause a myriad of health problems in people, including lung cancer, mesothelioma and a host of other ailments. The victims of asbestos often sue companies who exposed them to asbestos for compensation. This is called asbestos litigation. Asbestos claims fall under the personal injury category of law. The cases are filed as individual, rather than as part of a collective lawsuit. Courts may combine multiple asbestos cases filed against the same defendants to simplify the process.
A mesothelioma lawyer will gather evidence that proves a victim was exposed to asbestos. This could include medical records, other documents, and testimony from a medical professional. Asbestos-related victims may also have to review their past work history, including their employment and union records. This can be a long procedure, but it's crucial to the success of a lawsuit against asbestos.
The most crucial part of an asbestos lawsuit is to prove that the victim was exposed to asbestos. This is the hardest step in a mesothelioma claim since it requires a thorough review of union and employment records as well as a discussion with co-workers. In some instances it might be necessary to look through more than 40 years' worth of records of workers.
Certain types of workers have greater risk of exposure to asbestos over others. This includes asbestos miners as well as construction workers who work on sites that contain asbestos, like schools, hospitals, or refineries. Other occupations that are at risk of exposure to asbestos include machinists electricians and painters.
Asbestos particles can be airborne and then be inhaled by workers and people nearby. Asbestos fibers can remain in the lungs for an extended period of time, causing serious medical issues. This is why it is vital for anyone who suspects that they may be suffering from asbestos to seek medical attention right away.
Mesothelioma may take up to 30 years to diagnose and therefore anyone who suspects that they have asbestos-related cancer should seek medical attention immediately. Victims of asbestos-related diseases can pursue companies that exposed them, or get compensation from an insurance company or victim's trust, which assumed responsibility for the asbestos manufacturer that originally created.
Asbestos Diseases
Asbestos is a naturally occurring mineral fiber of three types -- chrysotile, amosite and anthophyllite -- that were extracted for centuries due to their unique thermal insulating properties. Due to its durability and resistance to fire, asbestos was utilized in a myriad of industrial and commercial products, such as ship hulls, building insulation ceiling tiles, as well as chemical fireproofing paints. Millions of people have been exposed to asbestos throughout the course of their lifetime.
Asbestos exposure may cause various illnesses that affect the lungs and digestive tract. Mesothelioma and lung cancer are the most frequent and fatal asbestos-related illnesses. People who have been exposed to asbestos for long periods of time are at highest risk for developing these diseases.
Asbestos exposure may also cause non-cancerous lung disorders like asbestosis and the formation of pleural plaques or thickening. These conditions are caused by 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 typically a sign that the patient is at greater risk for more serious asbestos-related lung diseases like asbestos cancer or mesothelioma.
Mesothelioma is a rare cancer that affects the lining of the lungs (pleura) and the lining of the abdominal cavity as well as the lower digestive tract (peritoneum). It is almost exclusively caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma usually develops years after initial exposure and may not show any symptoms until the end of the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma every year. The people who suffer from this debilitating disease are likely to have been exposed to asbestos for a number of years working mostly in the military or construction industry. Even the relatives of asbestos workers who did not directly work with asbestos have been affected.
Anyone who has been diagnosed with mesothelioma or has a loved one with mesothelioma, may sue for asbestos damages against the companies responsible for their exposure. State laws called statutes of limitations generally allow victims and their families to file a lawsuit within a certain period of time following their diagnosis or the discovery of mesothelioma.
Statute of limitations
State laws can set an array of time limits for asbestos lawsuits. The clock for the statute of limitations generally begins to run at the time that a victim discovered or should have known that their illness was caused due to asbestos exposure. Asbestos cases are distinct because the latency period may be long between initial exposure and first diagnosis.
Because of the delay of symptoms, a patient might have to undergo multiple medical tests and procedures in order to definitively determine if an asbestos-related disease was the root cause of their current condition. The health issues of a victim could be exacerbated by other medical conditions or life circumstances. For these reasons, expert legal advice is essential to determine the time frame of an individual's 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 prevalent in the lungs, but can also affect testicles as well as the abdomen. If you or someone you love was exposed to asbestos at work and then developed mesothelioma, you could be entitled to financial compensation from companies that mined asbestos, produced asbestos-containing products, or employed asbestos-containing products in your workplace.
A mesothelioma judgment or settlement could allow victims to recover lost wage medical expenses such as travel and home care costs, funeral or burial costs of relatives who have died and funeral or burial costs. Asbestos victims and their families may also seek damages for pain and suffering as well as loss of consortium, mental distress and emotional anguish.
Statutes of limitations are set by law of the state, and may vary 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 starts to run on the date of a claimant's diagnosis, but in cases of wrongful death the statute of limitations is typically set at the time of a deceased family member's death.
Contact a seasoned mesothelioma attorney immediately to know the state's statutes of limitations. It is essential to file your lawsuit before the statutory deadline passes, as you will lose the right to file it.
Compensation
In the majority of cases, asbestos lawsuits settles out of court. A qualified lawyer can negotiate a compensation plan on your behalf.
You may be entitled to compensation for lost wages, medical bills and other expenses resulting from your exposure to asbestos. You may 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 the damages awarded at the discretion of the judge or jury as punishment for behavior that goes beyond and beyond the scope of simple negligence.
Many victims of mesothelioma and other asbestos-related illnesses don't have the funds to pay for these expenses on their own. Settlements may help victims and their families access the medical care they need.
You must be able to provide solid evidence of asbestos exposure prior to making a claim. Your asbestos lawyer can collect records, interview witnesses and review your work history to prove your asbestos exposure. An experienced attorney can determine the cause of your exposure using databases that have information on thousands of workplaces and asbestos-containing products.
In an asbestos case, defendants can be held liable under a variety of legal theories, including negligence or strict liability, as well as breaching a warranty. In negligence cases, the plaintiff must demonstrate that the defendant knew or should have known about the risk of exposure to asbestos and failed to take action to protect the victim. In Lakewood asbestos lawyer doesn't have to be found negligent. In a breach of warranty case, the plaintiff must demonstrate that the defendant violated the lawful duty of care by selling a product that was unsafe for the purpose it was intended.
A knowledgeable mesothelioma lawyer will help you file an asbestos lawsuit against any businesses responsible for the exposure you have to asbestos. In many cases, asbestos exposure is the fault 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.