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Asbestos Lawsuits

Asbestos lawsuits seek to compensate victims of asbestos-related diseases. These cases often involve companies that made, mined, or sold asbestos-containing materials.

Asbestos victims file claims to recover damages for medical expenses as well as lost wages and other losses. The families of the victims may file claims against multiple responsible parties. In rare cases, claims could be challenged in the court.

Asbestos Litigation

Many workers who work with asbestos suffer from various health problems, including mesothelioma, lung cancer and other diseases. The victims of asbestos litigation sue the companies who exposed asbestos to them to seek compensation. This is known as asbestos litigation. Asbestos claims are filed under the personal injury law category. This means that the cases are filed in individual lawsuits, not in group lawsuits. However, courts can join several asbestos cases involving the same defendants to facilitate processing.

A mesothelioma lawyer will gather evidence that proves a victim was exposed to asbestos. The evidence could comprise medical documents and other records, as well as testimony from a medical expert. Asbestos victims also may need to look over their work history, including their employment and union records. This could be a long process, but it is essential for the success of any asbestos lawsuit.

Proving that the victim was asbestos-exposed is essential to a successful asbestos lawsuit. This is the most difficult step in a mesothelioma case as it requires the review of the records of unions and employment and talking to coworkers. In certain situations, this may include examining more than 40 years of records.

Some types of workers are more prone to be exposed to asbestos than others. This includes miners who mine asbestos as well as construction workers who work in areas that contain asbestos, such as schools, hospitals or refineries. Other professions that are at risk of being exposed to asbestos include machinists electricians and painters.

Asbestos may become airborne and be inhaled both by the workers and those around. Asbestos fibers can stay in lungs for long periods of time and can cause serious medical problems. This is why it is vital for anyone who thinks they may be suffering from asbestos to seek immediate medical treatment.

Mesothelioma can take as long as 30 years to diagnose and therefore anyone who suspects they have asbestos-related cancer should seek medical attention immediately. Victims may be able to sue companies that exposed them to asbestos as well as be able to seek compensation from a trust fund or an insurance company that has assumed the responsibility for the asbestos manufacturer who originally posed the risk.

Asbestos Diseases

Asbestos is a natural mineral fiber that has three types -- chrysotile, amosite and anthophyllite that were mined for a long time due to their unique thermal insulating properties. Due to its strength and resistance against fire, asbestos has been utilized in a variety of commercial and industrial products including building insulations, ship hulls and ceiling tiles. Millions of people have been exposed to asbestos throughout the course of their lives.

Exposure to asbestos may cause numerous ailments that affect the lungs, heart, and the gastrointestinal tract. Lung cancer and mesothelioma are the most prevalent and deadly asbestos-related ailments. These health issues are most likely to affect people who have been exposed for a prolonged period to asbestos.

Asbestos exposure may also cause non-cancerous lung diseases like asbestosis, the formation of pleural plaques or thickening. These conditions are caused by scarring in the lungs caused by asbestos fibers and interfere with the lung's ability to efficiently transport oxygen into the bloodstream. Plaque or pleural thickening is an indication of a greater risk of developing asbestos-related lung diseases like asbestosis and mesothelioma.

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 usually linked to asbestos exposure and is usually fatal by the time it is discovered. Mesothelioma typically develops after decades of the initial exposure, and it may not be symptomatic until the final stages of the disease.

In the U.S., 3,000 people are diagnosed with mesothelioma each year. People who suffer from this fatal condition were probably exposed to asbestos over many years of working typically in the military or construction industries. Even family members of workers who did not work directly with asbestos were affected.

A person diagnosed with mesothelioma or a family member suffering from the disease may file a lawsuit against asbestos-related companies. 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 discovering it.

Statute of limitations

State laws can establish an array of time limits for asbestos lawsuits. The clock for the statute of limitations generally starts running at the time a victim realized or should have learned that their illness was caused by exposure to asbestos. Asbestos cases are distinct because the latency period can be lengthy between exposure to asbestos and the first diagnosis.

Because of the delay of symptoms, a patient might require numerous medical tests and procedures in order to definitively establish that an asbestos-related illness was the reason for their current health issue. Additionally, a victim's health problems could be exacerbated by other health problems or life events that could be the reason for their injuries. This is why expert legal assistance is crucial in determining the timeframe of an individual's asbestos-related injury.

Mesothelioma is a form of cancer that affects mesothelium - the tissue that covers your major internal organs. It is most often found in the lungs, but can also affect the testicles, 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 verdict or settlement can help victims get back lost wages, medical expenses, travel and home care costs funeral or burial costs of deceased family members funeral or burial costs. Asbestos patients and their families may also seek compensation for emotional distress, mental anxiety, pain and suffering and loss of consortium.

State laws set the time limit for a claim and it can differ based on the type of asbestos claim being filed and the specifics of the case. For example the statute of limitations for asbestos claims for personal injury usually runs from the date of a claimant's diagnosis, however for cases of wrongful death the statute of limitations is typically 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 possible. It is important to file your lawsuit before the deadline statutory expires, otherwise you lose your right to file it.

Compensation

In most cases, an asbestos lawsuit settles out of court. A competent attorney can negotiate compensation on your behalf.

You could be entitled to money for medical bills, lost wages and other costs resulting from exposure to asbestos. You could also be entitled to damages for pain and discomfort. In some cases you may 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 the defendant for behavior that goes beyond negligence.

Many mesothelioma patients and other asbestos-related diseases do not have the financial resources to cover these costs on their own. These settlements help victims and their family members get the medical care they require.

If you are filing an asbestos lawsuit, you must have evidence of your exposure to asbestos. Your asbestos attorney 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 utilize databases to identify the source of exposure which contain information on thousands of asbestos-containing products and job websites.

Defendants in an asbestos claim are liable under one or more legal theories, like negligence, strict liability or breach of warranty. In negligence cases, a plaintiff must demonstrate that the defendant knew or ought to have known of the risk of exposure to asbestos and did not take the necessary steps to protect the victim. In strict liability cases the defendant doesn't have to be found negligent. In a breach of warranty case, the plaintiff must demonstrate that the defendant violated a legal duty of care by selling a product that was not safe for the purpose it was intended.

A knowledgeable mesothelioma lawyer will assist you in filing an asbestos lawsuit against any businesses responsible for your exposure to asbestos. Most of the time, several different companies are accountable 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.