Asbestos Lawsuits
Asbestos lawsuits seek compensation for asbestos-related illnesses. Many of these cases involve companies who mined, manufactured or sold asbestos-containing products.
Asbestos victims file claims to recover damages for medical expenses as well as lost wages and other losses. The families of the victims may file claims against multiple liable parties. In rare instances, the lawsuits could be challenged in the court.
Asbestos Litigation
Many workers who work with asbestos suffer from different health issues, such as mesothelioma and lung cancer among other diseases. These victims sue the companies who exposed them to asbestos to recover compensation. This is known as asbestos litigation. Asbestos claims fall under the personal injury section of the law. This means that these cases are filed in individual lawsuits, not in group lawsuits. Nevertheless, courts sometimes join asbestos cases involving the same defendants for faster processing.
A mesothelioma lawyer can gather evidence to show that a victim has suffered from asbestos exposure. This evidence will comprise medical documents and other records, as well as testimony from medical experts. Asbestos victims also may need to look over their employment history, including their union and employment records. This can be a time-consuming process, but it's crucial to 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 most difficult part in a mesothelioma lawsuit because it requires reviewing union and employment records as well as speaking with coworkers. In Alhambra asbestos lawyers might be necessary to examine more than 40 years of records of workers.
Certain kinds of workers are at an increased risk of asbestos exposure than other types of workers. This includes miners who mine asbestos and construction workers who work on construction sites that contain asbestos, such as refineries, hospitals, or schools. Painters, machinists and electricians are also at risk of asbestos exposure.
Asbestos particles can be airborne and inhaled by people working in the vicinity and by those who are nearby. Asbestos particles can remain in the lungs for prolonged periods of time, and can trigger serious medical issues. This is why it is so important for anyone who thinks they might be suffering from asbestos to seek medical attention immediately.
It can take 10, 20 or even 30 years for a diagnosis of mesothelioma to be established, which is why it is crucial that anyone who suspects they are suffering from an asbestos-related illness seek medical care right away. Victims of asbestos-related diseases can pursue companies that exposed them, or they can be compensated by an insurance company or victim's trust that assumed responsibility for the original asbestos manufacturer.
Asbestos Diseases
Asbestos is a naturally occurring mineral fiber of three types -- chrysotile, amosite and anthophyllite that were mined for a long time due to their unique thermal insulation properties. Due to its durability and resistance to fire, asbestos was used in a variety of commercial and industrial products, including building insulation, ship hulls ceiling tiles, as well as chemical fireproofing paints. It is estimated that millions of people were exposed to asbestos during their lives.
Exposure to asbestos can trigger numerous ailments that affect the lungs, heart and gastrointestinal tract. Lung cancer and Mesothelioma the two most fatal asbestos-related diseases, are among the most common. People who have been exposed to asbestos for extended periods of time are at greatest risk of developing these health problems.
Asbestos exposure can also lead to non-cancerous lung conditions like asbestosis, the formation of pleural plaques or thickening. These conditions result from scarring in the lungs caused by asbestos fibers and interfere with the lung's ability to properly get oxygen into the bloodstream. Plaque thickening or pleural thickening can be a sign of a higher chance of developing asbestos-related lung disease like asbestosis or mesothelioma.
Mesothelioma is a rare cancer that affects the lining of the lungs (pleura) and the the abdominal cavity and lower digestive tract (peritoneum). It is almost exclusively caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma can be diagnosed decades after exposure and symptoms may not be apparent until later in the course of the disease.
Each year, 3,000 Americans are diagnosed with mesothelioma. People who suffer from this devastating condition were likely exposed to asbestos for many years in the workplace, most commonly in the construction or military industry. Even relatives of workers who did not work directly with asbestos were affected.
A person diagnosed with mesothelioma, or someone in the family with the disease may file a lawsuit against asbestos-related companies. State laws, called statutes or limitations, allow victims and their families to sue a business within a certain time period after being diagnosed with mesothelioma, or being notified of it.
Statute of limitations
The statute of limitations, also known as the time limit, for asbestos lawsuits is set by the law of the state and may differ widely. The clock for the statute of limitations usually begins to run when a victim finds out or should have learned that their illness was caused by asbestos exposure. Asbestos cases are distinctive due to the fact that the latency period can often be decades between the initial exposure and the first diagnosis.
A patient might require multiple medical tests to determine if asbestos-related diseases are the cause of the condition. In addition, a patient's health issues might be complicated due to other health issues or life events that could have been the root cause of their injuries. Legal assistance from an expert is crucial in determining the timeframe of an asbestos-related accident.
Mesothelioma is a form of cancer that affects the mesothelium, or the tissue that surrounds your main internal organs. It is most common in the lungs, but can also affect testicles as well as the abdomen. If you or someone you know was exposed to asbestos in the workplace and was diagnosed with mesothelioma, you may be eligible for financial compensation from companies that mined asbestos, produced asbestos-containing products or employed asbestos-containing products.
A successful mesothelioma settlement or verdict can help victims recuperate lost wages as well as medical expenses as well as travel expenses, home care and funeral or burial costs for relatives who have passed away. Asbestos victims and their families can also seek compensation for suffering and pain as well as loss of consortium, emotional distress and mental anguish.
The statute of limitations is set by state law, and can vary depending on the type of asbestos claim and the particulars of the case. The time limit for filing a claim in asbestos cases involving personal injury usually starts when the diagnosis is made. In the case of cases of wrongful death, the statute is set by the date the deceased family member has passed away.
Contact a seasoned mesothelioma attorney immediately to find out the statutes of limitations in your state. You'll lose your right if you don't file your lawsuit within the time frame specified by law.
Compensation
Most asbestos lawsuits are settled out of court. A competent lawyer can negotiate a settlement on your behalf.
You could be eligible for compensation for medical expenses, lost wages and other expenses incurred as a result of the exposure to asbestos. You may also be entitled to damages for pain and suffering. In certain cases, you could be awarded punitive damages in addition to compensatory damages. These are awards made at the judge or jury's discretion to punish the defendant for conduct that goes beyond mere negligence.
Many mesothelioma victims as well as those with other asbestos-related diseases don't have enough money to cover the costs. These settlements help victims and their families get the medical treatment they require.
You must be able to present solid evidence of asbestos exposure when filing a lawsuit. Your asbestos lawyer can gather documents, speak with witnesses and examine your work history to document your exposure to asbestos. An experienced attorney can determine the source of your exposure using databases that provide details on a variety of workplaces and asbestos-containing products.
Defendants in asbestos claims can be held liable under one or more legal theories, such as negligence, strict liability or breach of warranty. In negligence cases, the plaintiff must establish that the defendant knew of or should 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 breach of warranty cases the plaintiff must demonstrate that the defendant acted in violation of their legal duty of care when they sold a product that was not appropriate for the intended use.
An experienced mesothelioma lawyer can help you file an asbestos lawsuit against any businesses responsible for the exposure you have to asbestos. Most of the time, 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 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.