Asbestos Lawsuits
Asbestos lawsuits are filed to compensate asbestos-related illnesses. These lawsuits typically involve companies who made, mined or sold asbestos-containing products.
Asbestos-related victims may make a claim for damages like medical expenses, lost wages and other losses. The victims and their families may file claims against multiple accountable parties. In rare instances, the claims could be challenged in court.
Asbestos Litigation
Asbestis causes a variety of health issues in people who are exposed to asbestos, such as lung cancer, mesothelioma and other diseases. The victims of asbestos litigation sue the companies who exposed asbestos to seek compensation. This is called asbestos litigation. Asbestos claims are filed under the category of personal injury law. These cases are filed separately and not as part of a collective lawsuit. However, courts can join asbestos cases against the same defendants for easier processing.
A mesothelioma lawyer will gather evidence that proves a victim was exposed to asbestos. This evidence may include medical documents, other records and testimony from a medical professional. Asbestos-related victims may also need to review their past work history, such as the union or employment records. This can be a time-consuming process, but it is essential for the success of a lawsuit against asbestos.
The most important part of an asbestos lawsuit is to prove that the victim was exposed to asbestos. This is the hardest step in a claim for mesothelioma because it requires reviewing union and employment records and also speaking with coworkers. In certain cases it might be necessary to examine more than 40 years' worth of worker records.
Some types of workers are more prone to be exposed to asbestos than other types. This includes asbestos miners and construction workers working on sites with asbestos, for example schools or hospitals, or refineries. Painters, machinists and electricians are also at risk of asbestos exposure.
Asbestos can become airborne and then be inhaled by people working in the vicinity and by those who are nearby. Asbestos fibers can remain in the lungs for a long period of time, leading to serious medical complications. It is important that anyone who suspects they might be suffering from asbestos should seek immediate medical care.
Mesothelioma can take up to 30 years to be diagnosed 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 may be able to obtain compensation from a trust fund or 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 due to its unique thermal insulation properties. Because of its durability and resistance to fire, asbestos was employed in a wide range of commercial and industrial products, including ship hulls, insulation for buildings ceiling tiles, as well as chemical fireproofing paints. Millions of people have been exposed to asbestos in their lives.
Asbestos exposure can cause many lung diseases and digestive tract. Lung cancer and Mesothelioma, the two most deadly asbestos-related illnesses, are the most prevalent. These diseases are more likely to affect people who have been exposed for a long period to asbestos.
Asbestos may cause non-cancerous lung disorders like asbestosis, pleural thickening or plaque. These conditions are caused by scarring in the lungs caused by asbestos fibers and affect the lung's capacity to effectively transport oxygen into the bloodstream. Plaque or pleural thickening is an indication of a greater risk of developing asbestos-related lung diseases, such as asbestosis or 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 almost exclusively caused by asbestos exposure, and is often fatal when diagnosed. Mesothelioma typically develops after decades of initial exposure. 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 suffering from this devastating disease were probably exposed to asbestos for several years at work mostly in the construction or military industry. Even family members of workers who did not directly deal with asbestos have been afflicted.
A person diagnosed with mesothelioma or a family member with the disease can sue asbestos companies. State laws, called 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
State laws can establish various time limits for asbestos lawsuits. The clock for the statute of limitations generally begins to run at the time a victim realized or should have learned that their condition was caused by exposure to asbestos. Asbestos cases may be unique due to the lengthy latency period between exposure and diagnosis.
Due to the delayed onset of symptoms, patients may need to undergo numerous medical tests and procedures in order to definitively determine that an asbestos-related illness was the root cause of their current condition. Additionally, a victim's health issues could be complicated by other health problems or life circumstances that could have been the reason for their injuries. Expert legal assistance is therefore 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 main internal organs. It's typically found in the lungs, but it can also affect the testicles, heart and abdomen. If you or a loved one was exposed to asbestos and later developed mesothelioma in the past, you may be entitled to financial compensation from the businesses which mined, produced or used asbestos-containing materials in your workplace.
A successful mesothelioma settlement or verdict could allow victims to get back lost wages, medical expenses as well as travel expenses, funeral or burial expenses for family members who have passed away. Asbestos patients and their families can also seek compensation for mental distress, emotional anxiety, pain and suffering and loss of consortium.
Statutes of limitations are set by state law, and can vary depending on the type of asbestos claim and the specifics of the case. The statute of limitations in personal injury asbestos cases usually starts at the time of diagnosis. However, for cases of wrongful death, the statute is determined by the date the deceased family member has passed died.
Get a mesothelioma lawyer with experience immediately to learn about the statutes of limitations in your state. You will lose your right if you do not submit your lawsuit by the deadline set by law.
Compensation
In the majority of cases, an asbestos lawsuit is settled out of court. A qualified lawyer can negotiate a settlement on your behalf.
You may be eligible to compensation for medical expenses, lost wages and other expenses related to your asbestos exposure. You could also be entitled for damages for pain and discomfort. In some cases you may be awarded punitive damage in addition to compensatory damages. These are awards made by a judge or jury at their discretion to penalize an individual for actions that go beyond simple negligence.
Many mesothelioma victims as well as those with other asbestos-related diseases don't have enough money to cover expenses. These settlements help victims and their families receive the medical treatment they need.
In order to file an asbestos lawsuit, you must provide proof of exposure to asbestos. Your asbestos lawyer can gather documents, speak with witnesses, and look over your work history to prove your asbestos exposure. A knowledgeable attorney can use databases to determine the source of exposure which include information on a variety of asbestos-containing products as well as job sites.
In asbestos cases, defendants can be held accountable under a variety of legal theories, including negligence or strict liability. They can also be held accountable for breaching warranty. In negligence cases, the plaintiff must prove the defendant knew of or ought to have known about the asbestos exposure risk but failed to protect the victim. In strict liability cases, the defendant does not have to be found negligent. In a breach of warranty case the plaintiff must prove that the defendant breached the lawful duty of care by selling an item that was unsafe for the purpose it was intended.
A knowledgeable mesothelioma lawyer will help you file an asbestos lawsuit against the companies that are responsible for the exposure you have to asbestos. 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 georgia pacific asbestos lawsuit 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.