Asbestos Lawsuits
Asbestos lawsuits are filed to pay for asbestos-related diseases. These lawsuits typically involve companies that mined, manufactured, or sold asbestos-containing materials.
Asbestos victims are able to file claims for 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, cases may be contested in the court.
Asbestos Litigation
Many who work with asbestos suffer from a variety of health problems, including mesothelioma and lung cancer among other illnesses. These victims often sue the companies who exposed them to asbestos to seek compensation. This is known as asbestos litigation. Asbestos claims fall under the personal injury section of the law. These cases are filed individually, rather than as part of a group lawsuit. Courts will sometimes combine several asbestos cases brought against the same defendants in order to simplify the process.
A mesothelioma lawyer will gather evidence to show that a victim was exposed to asbestos. This evidence will comprise medical records and other documents, and testimony from a medical expert. Asbestos victims also may need to examine their work history, including the union and employment records. This can be a lengthy process, but it is essential to ensure the success of any asbestos lawsuit.
The most crucial part of an asbestos lawsuit is to prove that the victim was exposed to asbestos. This is the most difficult step in a mesothelioma claim as it requires the review of employment and union records and also talking to coworkers. In some cases, it may be necessary to look through more than 40 years' worth of worker records.
Some types of workers are more likely to be exposed to asbestos than other types. This includes asbestos miners as well as construction workers who work on sites containing asbestos, such a schools or hospitals, as well as refineries. Other professions that are at high risk of being exposed to asbestos include machinists electricians, and painters.
Asbestos particles can be airborne and inhaled by workers and people nearby. Asbestos fibers can remain in the lungs for a long period of time, causing serious medical complications. It is essential that anyone who suspects they might be suffering from asbestos seeks immediate medical treatment.
It can take 10-20 or even 30 years for a mesothelioma diagnosis to be made, so it is crucial that anyone who suspects they suffer from an asbestos-related disease seek medical attention as soon as possible. Victims may sue the companies that exposed them, or get compensation from an insurance company or victim's trust that assumed responsibility for the original asbestos manufacturer.
Asbestos Diseases
Asbestos is a natural mineral fiber that has three kinds -- chrysotile, amosite and anthophyllite that were extracted for centuries due to their unique thermal insulation properties. Due to its strength and resistance to fire, asbestos is 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.
Asbestos exposure can trigger many lung diseases and digestive tract. Mesothelioma and Lung cancer the two most fatal asbestos-related diseases, are the most common. People who have been exposed to asbestos for long periods of time are at greatest risk of developing these health issues.
Asbestos may cause non-cancerous lung conditions such as asbestosis, pleural thickening, or plaque. These conditions result from lung scarring caused by asbestos fibers and hinder the lung's ability to effectively transport oxygen into the bloodstream. Pleural thickening or plaque is an indication of a higher risk for asbestos-related lung diseases, such as asbestosis or mesothelioma.
Mesothelioma is a rare type of cancer that affects the lining of the lungs (pleura) and the the abdominal cavity and the lower digestive tract (peritoneum). It is most often caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma typically develops after decades of initial exposure. It may not be symptomatic until the final stages of the disease.
Each year, 3,000 Americans are diagnosed with mesothelioma. Those suffering from this devastating condition were likely exposed to asbestos for many years in the workplace typically in the military or construction industry. Even family members of workers who didn't directly deal with asbestos have been affected.
A person diagnosed with mesothelioma, or a family member suffering from the disease may sue asbestos-related companies. State laws, also referred to as statutes or limitations, allow victims and their families to sue a company within a specific time after being diagnosed with mesothelioma or discovering it.
Statute of limitations
The statute of limitations, also known as the time limit, for asbestos lawsuits is determined by state law and can differ widely. The statute of limitations clock usually starts to run when a victim learns or should have discovered that their condition is caused by exposure to asbestos. Asbestos cases are distinctive due to the fact that the latency period can be lengthy between exposure to asbestos and the first diagnosis.
Due to the delayed onset of symptoms, patients may need to undergo multiple medical tests and procedures to determine that an asbestos-related illness was the root cause of their current condition. The health issues of a victim could be complicated by other medical conditions or life circumstances. Therefore, expert legal assistance is crucial in determining the timeframe of an individual's asbestos-related injuries.
Mesothelioma can be described as a cancer that affects mesothelium, the tissue that covers your major internal organs. Fresno asbestos lawsuit is most often found in the lungs, but can also affect the testicles, heart and abdomen. If you or someone close to you was exposed to asbestos and later developed mesothelioma, you could be entitled to financial compensation from the companies who mined, manufactured or used asbestos-containing products in your workplace.
A successful mesothelioma settlement or verdict could allow victims to recover lost wages as well as medical expenses and travel costs, as well as funeral or burial costs for deceased family members. Asbestos victims and their families can also seek damages for suffering and pain as well as loss of consortium, mental distress and emotional anguish.
The statute of limitations is governed by the law of the state and may vary based on the nature of the asbestos claim and the specifics of the case. For instance the statute of limitations for personal injury asbestos claims typically begins to run at the time of a person's diagnosis, however for claims involving wrongful deaths, it is usually set on the date of a deceased family member's death.
The best method of determining the state's statute of limitations is to consult with an experienced mesothelioma lawyer, as soon as possible. It is important to start your lawsuit before the deadline for filing a lawsuit expires, otherwise you lose the right to file a lawsuit.
Compensation
In the majority of instances, an asbestos lawsuit settles outside of court. A qualified attorney can negotiate compensation on your behalf.
You may be entitled to money for medical bills, lost wages and other expenses associated with the exposure to asbestos. You can also receive damages for suffering and pain. In certain cases you could be awarded punitive damages in addition to your compensatory damages. These are damages awarded at the judge's or jury's discretion to punish behavior that goes beyond and beyond simple negligence.
Many mesothelioma victims as well as those with other asbestos-related diseases do not have enough money to cover costs. Settlements are designed to help patients and their families receive the medical care they require.
You must be able to provide solid evidence of asbestos exposure when making a claim. Your asbestos lawyer can gather documents, interview witnesses and examine your work history to record your exposure to asbestos. An experienced attorney can determine the cause of your exposure using databases that have details on thousands of workplaces and asbestos-containing products.
In asbestos cases, defendants can be held responsible under a variety of legal theories that include negligence or strict liability, as well as breaching warranty. In negligence cases, the plaintiff has to establish that the defendant knew of or ought to have been aware of asbestos exposure risks but did not take the necessary precautions to protect the victim. In strict liability cases the defendant does not need to prove negligence. In breach of warranty cases, a plaintiff has to demonstrate that the defendant acted in violation of their duty of care under the law when they sold a product which was not appropriate for its intended use.
An experienced mesothelioma lawyer can help you file an asbestos lawsuit against any companies that are responsible for the exposure you have to asbestos. Many times, asbestos exposure is a result 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.