Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. These lawsuits typically involve companies that produced, mined or sold asbestos-containing products.
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 multiple liable parties. In rare cases, the claims could be challenged in court.
Asbestos Litigation
Many workers who work with asbestos suffer from various diseases, including mesothelioma and lung cancer among other illnesses. The victims of asbestos often sue companies that exposed them to asbestos to seek compensation. This is known as asbestos litigation. Asbestos lawsuits fall under the personal injury section of the law. These cases are filed separately and not as part of a group lawsuit. However, courts may combine asbestos cases against the same defendants for easier processing.
A mesothelioma lawyer will gather evidence to prove that a victim was exposed to asbestos. The evidence could comprise medical documents and other records, as well as testimony from a medical expert. Asbestos sufferers may also have to examine their work history, which includes the union and employment records. This can be a time-consuming process, but it's essential for the success of a lawsuit against asbestos.
Evidence that the person was exposed to asbestos is essential to a successful asbestos lawsuit. This is the most difficult step in a mesothelioma lawsuit as it requires the review of employment and union records and also speaking with coworkers. In some instances it is possible to review more than 40 years of records of workers.
Certain types of workers are at a higher risk of asbestos exposure than other types of workers. This includes asbestos miners as well as construction workers who work on areas containing asbestos, such a schools or hospitals, or refineries. Painters, machinists and electricians are also at risk of exposure to asbestos.
Asbestos particles can be airborne and be inhaled both by people working in the vicinity and by those who are nearby. Asbestos fibers can stay in the lungs for a long period of time and can cause serious medical complications. This is why it is so important for anyone who suspects that they might be suffering from asbestosis to seek medical attention immediately.
It could take 10-20 or even 30 years for a diagnosis of mesothelioma to be made, so it is essential that anyone who suspects they have an asbestos-related disease seek medical care right away. Victims can sue companies who exposed them, or get compensation from an insurance company or a victim's trust that assumed responsibility for the asbestos manufacturer who originally posed the risk.
Asbestos Diseases
Asbestos is a natural mineral fiber that has three kinds- chrysotile, amosite and anthophyllite. They were extracted for centuries due to their unique thermal insulating properties. Due to its strength and resistance against fire, asbestos is used in a variety of commercial and industrial products including building insulations, ship hulls, and ceiling tiles. Millions of people have been exposed to asbestos over the course of their lives.
Exposure to asbestos can cause several diseases that affect the lungs, heart, and gastrointestinal tract. Mesothelioma and lung cancer are the most common and deadly asbestos-related ailments. These health problems are most likely to affect people who have been exposed for a long period to asbestos.
Asbestos may also cause non-cancerous lung diseases such as asbestosis, pleural thickening or plaque. These conditions are caused by scarring the lungs by asbestos fibers, which interferes with the lungs' ability to provide oxygen to the bloodstream. Pleural thickening or plaque is an indication of a higher risk of developing asbestos-related lung diseases like asbestosis and mesothelioma.
Mesothelioma is a rare type of cancer that affects the lung's lining (pleura) and the the abdominal cavity as well as the lower digestive tract (peritoneum). It is most often caused by asbestos exposure, and is often fatal when diagnosed. Mesothelioma usually develops years after initial exposure and may not be symptomatic until the late stages of the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma each year. People who suffer from this fatal disease were likely exposed to asbestos over many years of work typically in the military or construction industries. 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 bring a lawsuit against asbestos-related companies. State laws, called statutes or limitations, allow victims and their family members to sue a company within a specific time 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 significantly. The clock for the statute of limitations generally starts to run on the time that a victim discovered or should have learned that their illness was caused by asbestos exposure. Asbestos cases are unique because the latency period can often be decades between exposure to asbestos and the first diagnosis.
Due to the delayed nature of symptoms, patients may have to undergo multiple medical tests and procedures to definitively establish that an asbestos-related illness was the cause of their current condition. In addition, a patient's health issues could be complicated by other health issues or life events that could be the cause of their injuries. Legal advice from an experienced attorney is crucial in determining the timeframe of an asbestos-related accident.
Mesothelioma can be described as a cancer that affects mesothelium, the tissue that surrounds your main internal organs. It is most prevalent in the lungs, but it can also affect the testicles and the abdomen. If you or someone you know was exposed to asbestos in the workplace and developed mesothelioma you may be entitled to financial compensation from companies that mined asbestos, produced asbestos-containing products, or employed asbestos-containing products.
A mesothelioma judgment or settlement could help victims recover lost wage medical expenses as well as home and travel costs funeral or burial costs of relatives who have died and funeral or burial expenses. Asbestos patients and their families could also seek compensation for mental distress, emotional anguish, pain and suffering and loss of consortium.
State laws establish the statute of limitations, which can vary depending on what kind of asbestos claim is being made and the details of the case. The time limit for filing a claim in asbestos cases involving personal injury usually is set at the time of diagnosis. However, for wrongful death claims, it is determined at the time that the deceased family member passed died.
Contact a seasoned mesothelioma attorney as soon as you can to learn about the state's statutes of limitations. It is essential to submit your lawsuit before the statutory deadline expires, otherwise you lose your right to file a lawsuit.
Salem asbestos lawsuit are settled out of court. A competent lawyer can negotiate a compensation package on your behalf.
You could be entitled to money for lost wages, medical bills and other expenses associated with your exposure to asbestos. You could also receive compensation for suffering and pain. In some cases you could be awarded punitive damages in addition to your compensatory damages. These are awards that are made by a judge or jury at their discretion to punish a defendant for behavior that goes beyond negligence.
Many victims of mesothelioma and other asbestos-related diseases do not have the funds to cover these costs on their own. Settlements may help victims and their families access the medical care they need.
You must be able to present solid evidence of asbestos exposure prior to filing a lawsuit. Your asbestos lawyer can collect documents, speak with witnesses and examine your work history to prove your exposure to asbestos. An experienced attorney can determine the source of your exposure by using databases that have details on a variety of workplaces and asbestos-containing products.
Defendants in asbestos claims are liable under one or more legal theories, such as negligence, strict liability and breach of warranty. In negligence cases, the plaintiff must prove the defendant knew of or ought to have known about asbestos exposure risks but failed to protect the victim. In strict liability cases, the court does not require proof that the defendant committed a negligent act. In breach of warranty cases the plaintiff must show that the defendant breached their legal duty of care when they sold a product that was not suitable for the intended use.
A knowledgeable mesothelioma lawyer will help you file an asbestos lawsuit against any companies responsible for the exposure you have to asbestos. Most of the time, several different companies are responsible for an individual's 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.