The Most Pervasive Issues In Asbestos Lawsuit
Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. These lawsuits usually involve companies that mined, manufactured, or sold asbestos-containing materials.
Asbestos victims make claims to recover damages for medical expenses as well as lost wages and other losses. The victims and their families can file claims against a variety of responsible parties. In rare cases, the claims could be challenged in court.
Asbestos Litigation
Asbestis causes a variety of health issues for people who are exposed to asbestos, such as lung cancer, mesothelioma and a host of other ailments. These victims sue the companies who exposed asbestos to them to seek compensation. This is known as asbestos litigation. Asbestos-related claims fall within the personal injury category of law. These cases are filed separately, rather than as part of a collective lawsuit. Courts often combine several asbestos cases filed against the same defendants to make processing easier.
A mesothelioma lawyer can gather evidence to prove that a victim was exposed to asbestos. This could include medical records, other documents and testimony from a medical specialist. Asbestos victims also may need to review their work history, including the union and employment records. This can be a lengthy procedure, but it's essential for the success of an asbestos lawsuit.
The proof that the victim was exposed to asbestos is crucial to an asbestos lawsuit. This is the hardest step in a mesothelioma claim because it requires reviewing union and employment records as well as speaking with co-workers. In some cases, it may be necessary to review more than 40 years of records of workers.
Certain types of workers have an increased risk of exposure to asbestos over others. This includes miners who mine asbestos as well as construction workers who work in areas that contain asbestos, like refineries, hospitals, schools or hospitals. Other professions which are at risk of exposure to asbestos include machinists electricians and painters.
Asbestos may become airborne and inhaled by workers and people nearby. Asbestos particles can remain in the lungs for an extended period of time, which can cause serious medical complications. This is why it is vital to anyone who believes they may be suffering from asbestos to seek immediate medical treatment.
Mesothelioma can take up to 30 years to diagnose and therefore anyone who suspects they may be suffering from asbestos-related cancer should seek medical attention as soon as possible. Victims of asbestos-related diseases can pursue companies who exposed them, or get compensation from an insurance company or a victim's trust that assumed responsibility for the asbestos manufacturer that originally created.
Asbestos Diseases
Asbestos is a naturally occurring mineral fiber of three kinds -- chrysotile, amosite and anthophyllite that were mined for centuries because of their unique thermal insulation properties. Because of its durability and resistance to fire, asbestos was employed in a variety of industrial and commercial products, such as ship hulls, insulation for buildings ceiling tiles, as well as paints for fireproofing that contain chemicals. It is estimated that millions of people were exposed to asbestos over the course of their lives.
Asbestos exposure can cause many lung diseases and digestive tract. Mesothelioma and lung cancer are the most common and deadly asbestos-related diseases. These health issues are most likely to affect those who have been exposed for a long period to asbestos.
Asbestos can cause non-cancerous lung conditions like asbestosis, pleural thickening, or plaque. These conditions are caused by scarring of the lungs from asbestos fibers, which can hinder the lungs' ability to supply oxygen to the bloodstream. Plaque or pleural thickening is a sign of a higher risk of developing asbestos-related lung diseases, such as asbestosis or mesothelioma.
Mesothelioma is a rare form of cancer, affects the lung linings as well as the lower digestive tract. It is usually linked to asbestos exposure, and is often fatal by the time it is discovered. Mesothelioma often develops decades after the initial exposure, and it may not manifest any symptoms until the end of the disease.
Each year, 3,000 Americans are diagnosed mesothelioma. Those who have this deadly disease were likely exposed to asbestos over many years of work mostly in the construction or military industries. Even family members of asbestos workers who didn't directly interact with it have been affected.
A person who has been diagnosed with mesothelioma, or who has a loved one with mesothelioma, may file an asbestos lawsuit against the companies responsible for their exposure. State laws, also known as statutes of limitations typically permit victims or their families to file a lawsuit within a specific period of time following their diagnosis or the discovery of mesothelioma.
Statute of Limitations
The statute of limitations, or time limit, for asbestos lawsuits, is set by state law and can vary widely. The clock of the statute of limitations usually begins to run when a victim discovers or should have discovered that their illness is caused by exposure to asbestos. Asbestos cases are unique due to the fact that the latency period may be long between exposure to asbestos and the first diagnosis.
Because of asbestos law firms of symptoms, patients may require multiple medical tests and procedures to definitively determine if an asbestos-related disease was the root cause of their current health issue. Additionally, a victim's health issues might be complicated by other health problems or other life circumstances that could have been the cause of their injuries. For these reasons, expert legal assistance is crucial to determine the time frame of an individual's asbestos-related injuries.
Mesothelioma can be described as a cancer that affects mesothelium - the tissue that surrounds your main 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 was diagnosed with mesothelioma, you may be entitled to financial compensation from companies who mined asbestos, made asbestos-containing products or used them in your workplace.
A successful mesothelioma settlement or a verdict can help victims recover lost wages as well as medical expenses and travel costs, as well as funeral or burial expenses for deceased family members. Asbestos victims and their families could also seek damages for suffering and pain, loss of consortium, emotional distress and mental anguish.
The statute of limitations is governed by state law, and may vary based on the nature of the asbestos claim and the particulars of the case. For instance the statute of limitations for asbestos claims involving personal injury typically begins to run at the date of a person's diagnosis, but for cases of wrongful death, it is usually set at the time of a deceased family member's death.
Contact a seasoned mesothelioma attorney as soon as you can to find out the statutes of limitation in the state. You'll lose your right if you don't submit your lawsuit by the statutory deadline.
Compensation
In the majority of cases, an asbestos lawsuit is settled out of court. A qualified attorney can negotiate compensation on your behalf.
You may be eligible for compensation for medical expenses or lost wages, as well as other expenses related to asbestos exposure. You could also be entitled to compensation for discomfort and pain. In some cases you may be awarded punitive damages in addition to compensatory damages. These are the damages awarded at the discretion of a judge or jury as punishment for conduct that goes above and beyond simple negligence.
Many mesothelioma sufferers and those with other asbestos-related illnesses do not have enough money to cover expenses. These settlements can help victims and their families get the medical treatment they require.
In order to file an asbestos lawsuit, you must have evidence of your exposure to asbestos. An asbestos lawyer can gather documents, speak with witnesses and review your work history to prove your exposure to asbestos. A knowledgeable attorney can make use of databases to determine the source of exposure which contain information on thousands of asbestos-containing items and job sites.
In an asbestos case defendants could be held accountable under a variety of legal theories that include negligence, strict liability, and breaching a warranty. In negligence cases, the plaintiff must demonstrate that the defendant was aware or should have known of the risk of exposure to asbestos and failed to take appropriate action to protect the victim. In strict liability cases, the defendant does not have to be found negligent. Under breach of warranty, the plaintiff must demonstrate that the defendant breached the lawful obligation of care by selling a product that was not safe for its intended use.
A mesothelioma attorney can help you file a lawsuit against companies that are responsible for your asbestos exposure. In most cases, multiple 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 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.