This Week s Most Popular Stories About Asbestos Lawsuit Asbestos Lawsuit
Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. A majority of these cases involve companies who produced, mined or sold asbestos-containing products.
Asbestos victims file claims to recover damages for medical expenses or lost wages, among other losses. The victims and their families can file claims against multiple accountable parties. In rare cases, the cases may be contested in court.
Asbestos Litigation
Asbestos causes a variety of health issues in people who are exposed to asbestos, such as mesothelioma, lung cancer and other diseases. These victims often sue the companies who exposed them for compensation. This is referred to as asbestos litigation. asbestos attorneys claims fall under the personal injury section of the law. This means that these cases are filed in individual lawsuits, not in group lawsuits. However, courts may join asbestos lawyers cases against the same defendants for easier processing.
A mesothelioma lawyer will collect evidence to prove that a person has been affected by asbestos exposure. The evidence could include medical records, other documents, and testimony from a medical specialist. Asbestos-related victims might also need to review their past employment history, including their union and employment records. This can be a lengthy process, but it is essential for the success of any asbestos lawsuit.
Proving that the victim was exposed to asbestos is essential for an asbestos lawsuit. This is the hardest step in a mesothelioma lawsuit because it requires reviewing the employment and union records as well as speaking with co-workers. In some instances it is possible to look through more than 40 years of records of workers.
Certain types of workers are at a higher risk of exposure to asbestos over others. This includes miners who mine asbestos, and construction workers who work in areas that contain asbestos, such as refineries, hospitals, or schools. Other professions which are at risk of exposure to asbestos include machinists, electricians, and painters.
When asbestos becomes airborne it can be breathed in by employees and others who are nearby. Asbestos particles can remain in the lungs for a long period of time, leading to serious medical complications. It is crucial that anyone who suspects that they might be suffering from asbestos should seek immediate medical care.
Mesothelioma may take up to 30 years to detect and, therefore, anyone who suspects that they have asbestos-related cancer should seek medical attention as soon as possible. Victims may be able to pursue legal action against the companies who exposed them and may be able to receive compensation from a victim's trust fund or an insurance company that has assumed the responsibility for the asbestos manufacturer who originally posed the risk.
Asbestos Diseases
Asbestos, which is a naturally occurring mineral fiber, which is available in three types -amosite, chlorosotile and anthophyllite, has been mined for a long time because of its unique thermal insulation properties. Due to its strength and resistance to fire, asbestos has been used in a variety of industrial and commercial products, including building insulations, ship hulls, and ceiling tiles. Millions of people have been exposed to asbestos in their lives.
Exposure to asbestos can cause several ailments that affect the lungs, heart and the gastrointestinal tract. Mesothelioma and lung cancer are the most frequent and deadly asbestos-related ailments. People who have been exposed to asbestos for long periods of time are at greatest risk of developing these health problems.
Asbestos may cause non-cancerous lung disorders like asbestosis, pleural thickening and plaque. These conditions are caused by lung scarring caused by asbestos fibers. They hinder the lung's ability to effectively transport oxygen into the bloodstream. Plaque thickening or pleural thickening can be an indication of a higher risk of developing asbestos-related lung diseases like asbestosis and mesothelioma.
Mesothelioma is a rare cancer that affects the lining of the lungs (pleura) and the the abdominal cavity as well as the lower digestive tract (peritoneum). It is mainly related to asbestos exposure, and is often fatal by the time it is diagnosed. Mesothelioma often develops decades after 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 every year. The people suffering from this devastating condition were likely exposed to asbestos for several years in the workplace mostly in the military or construction industry. Even family members of workers who didn't directly deal with asbestos were affected.
A person diagnosed with mesothelioma, or a family member suffering from the disease can bring a lawsuit against asbestos companies. State laws, called statutes or limitations, permit victims and their families to sue a company within a certain time period after being diagnosed with mesothelioma, or finding out about it.
Statute of Limitations
The statute of limitations, or time limit, for asbestos lawsuits is determined by state law and can vary widely. The statute of limitations clock generally starts running at the date a victim learned or should have realized that their illness was caused by exposure to asbestos. Asbestos cases may be unique due to the lengthy interval between exposure and diagnosis.
Due to the delayed onset of symptoms, patients may require numerous medical tests and procedures in order to definitively determine if an asbestos-related disease was the reason for their current health issue. Furthermore, the health issues might be complicated by other health issues or life events that could be the reason for their injuries. This is why expert legal assistance is crucial in determining the timeframe of a person's asbestos-related injuries.
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 it can also affect the testicles, heart and abdomen. If you or someone you know was exposed to asbestos in the workplace and developed mesothelioma you may be eligible for financial compensation from companies that mined asbestos or made asbestos-containing products or employed asbestos-containing products in your workplace.
A mesothelioma judgment or settlement could help victims get back lost wages, medical expenses as well as home and travel costs, funeral or burial costs of relatives who have died funeral or burial costs. Asbestos patients and their families could also seek compensation for mental distress, emotional anguish, pain and suffering and loss of consortium.
The statute of limitations is set by law of the state, and can vary depending on the type of asbestos claim and the particulars of the case. For example the statute of limitation for personal injury asbestos claims typically runs from 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 passing.
Contact a seasoned mesothelioma attorney immediately to find out the state's statutes of limitations. You'll lose your right if you don't file your lawsuit within the statutory deadline.
Compensation
Most asbestos lawsuits are settled outside of court. A qualified lawyer can negotiate a compensation package on your behalf.
You may be eligible for compensation for medical expenses, lost wages and other expenses related to the exposure to asbestos. You could also receive compensation for pain and suffering. In certain cases, you could be awarded punitive damage in addition to compensatory damages. These are awards made at the judge's or jury's discretion to penalize a defendant for actions that go beyond simple negligence.
Many mesothelioma patients and other asbestos-related illnesses don't have the financial resources to pay for these expenses on their own. Settlements may help victims and their families get the medical care they need.
You must be able to provide solid evidence of asbestos exposure when making a claim. Your asbestos lawyer will be able to gather documents, speak with witnesses, and study your work history to document your exposure to asbestos. A skilled attorney can also determine the source of your exposure by using databases that provide details on a variety of workplaces and asbestos-containing products.
In asbestos cases defendants may be held responsible under a variety of legal theories, including negligence or strict liability, as well as breaching a warranty. In negligence cases, a plaintiff must prove that the defendant was aware or should have known about the risk of exposure to asbestos and failed to take action 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 demonstrate that the defendant breached their duty of care as a legal person when they sold a product which was not fit for its intended use.
A mesothelioma attorney can help you to file a lawsuit against companies responsible for your asbestos exposure. 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 lawyer attorney can help you navigate the VA claims process and file an accurate claim.
