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Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. A majority of these cases involve companies who produced, mined, or sold asbestos-containing products.
Asbestos-related victims may file a claim to recover damages such as medical expenses, lost wages and other losses. The victims and their families could file claims against a variety of responsible 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 mesothelioma, lung cancer, and other illnesses. These victims often sue the companies that exposed them to asbestos for compensation. This is known as asbestos litigation. Asbestos claims are filed under the category of personal injury law. These cases are filed individually and not as part of a collective lawsuit. However, courts may join several asbestos cases involving the same defendants for easier processing.
A mesothelioma attorney will gather evidence to prove that a victim was exposed to asbestos. This could include medical documents, other records and testimony from a medical specialist. Asbestos-related victims may also need to review their past employment history, including their union and employment records. This can be a lengthy process, but it is vital to the success of a lawsuit against asbestos.
The most important part of an asbestos lawsuit is proving that the victim was exposed to asbestos. This is the most difficult step in a mesothelioma case because it requires reviewing employment and union records, as well as speaking to co-workers. In certain situations, this may include examining more than 40 years of documents.
Certain types of workers are at a higher risk of exposure to asbestos than other types of workers. This includes miners who mine asbestos and construction workers who work on sites that contain asbestos, like refineries, hospitals, schools or hospitals. Other professions that are at high risk of being exposed to asbestos include machinists, electricians and painters.
Asbestos may become airborne and be inhaled both by workers and people nearby. Asbestos particles can remain in lungs for long periods of time and cause serious medical problems. It is essential that anyone who suspects that they might be suffering from asbestos issues seeks immediate medical attention.
Mesothelioma can take up to 30 years to detect and, therefore, anyone who suspects they be suffering from asbestos-related cancer should seek medical attention immediately. Victims might be able to sue the companies who exposed them and may be able to seek compensation from a trust fund or insurance company that has assumed liability for the original asbestos manufacturer.
Asbestos Diseases
Asbestos is a naturally occurring mineral fiber that has three kinds- chrysotile, amosite and anthophyllite that were mined for centuries because of their unique thermal insulation properties. Due to its strength and resistance against fire, asbestos has been employed in a variety commercial and industrial products including building insulations, ship hulls and ceiling tiles. It is estimated that millions of people were exposed to asbestos over the course of their lives.
Exposure to asbestos can trigger various ailments that affect the lungs, heart, and the gastrointestinal tract. Mesothelioma and Lung cancer the two most fatal asbestos-related diseases, are among the most frequent. These health problems are most likely to affect people who have been exposed for a long period to asbestos.
Asbestos exposure may also cause non-cancerous lung diseases such as asbestosis and the formation of pleural plaques or thickening. These conditions are caused by scarring the lungs from asbestos fibers, which hinders the ability of the lungs to provide oxygen to the bloodstream. Pleural plaque or thickening is usually a sign the patient is at greater risk of developing more serious asbestos-related lung diseases, such as mesothelioma or asbestos cancer.
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 often fatal when diagnosed. Mesothelioma can be diagnosed decades after exposure and symptoms may not appear until later in the course of the disease.
Every year, 3,000 people are diagnosed with mesothelioma. The people who suffer from this deadly disease were likely exposed to asbestos throughout their many years of working typically in the construction or military industries. Even family members of workers who did not directly work with asbestos were affected.
A person diagnosed with mesothelioma, or a family member with the disease may file a lawsuit against asbestos companies. 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 discovery of mesothelioma.
Statute of Limitations
State laws can provide various time limits for asbestos lawsuits. The statute of limitations clock generally starts running at the time that a victim discovered or should have known that their illness was caused by asbestos exposure. Bellingham asbestos lawyer can be distinct due to the long latency period between exposure and diagnosis.
A patient may require multiple medical tests to prove that asbestos-related illnesses are the root cause of the health issue. In addition, a patient's health problems could be exacerbated by other health issues or other life circumstances that could have been the cause of their injuries. Therefore, professional legal assistance is essential in determining the timeframe of an individual's asbestos-related injury.
The mesothelium is the tissue that covers all of your major organs. It's typically found in the lungs, but it can also affect the testicles, the heart and 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 who mined asbestos, made asbestos-containing products or employed asbestos-containing products in your workplace.
A successful mesothelioma verdict or settlement could help victims recover lost wages, medical expenses as well as travel expenses, funeral or burial expenses for deceased family members. Asbestos victims and their families could also seek compensation for suffering and pain as well as loss of consortium, emotional distress and mental stress.
State laws determine the time limit for a claim, which can vary depending on the kind of asbestos claim is being filed and the specifics of the case. For instance the statute of limitations for asbestos claims involving personal injury typically runs from the date of a person's diagnosis, but in wrongful death cases, it is usually set at the time of a deceased family member's death.
Consult an experienced mesothelioma attorney immediately to find out the state's statutes of limitations. You'll lose your right if you do not file your lawsuit within the time frame specified by law.
Compensation
In the majority of cases, asbestos lawsuits settles outside of court. An experienced attorney can negotiate compensation on your behalf.
You could be entitled to compensation for lost wages, medical bills and other costs resulting from your exposure to asbestos. You could also be entitled to compensation for pain and discomfort. 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 behavior that goes beyond and beyond the scope of simple negligence.
Many mesothelioma patients and other asbestos-related diseases don't have the funds to pay for these expenses on their own. Settlements can help patients and their families get the medical treatment they need.
You must be able to provide solid evidence of exposure to asbestos when filing a lawsuit. Your asbestos lawyer can gather documents, interview witnesses and examine your work history to record your asbestos exposure. A skilled attorney can also determine the cause of your exposure by using databases that provide information on thousands of workplaces and asbestos-containing products.
In an asbestos case defendants could be held responsible under a variety of legal theories, including negligence or strict liability, as well as breaching warranty. In negligence cases, the plaintiff must prove that the defendant was aware or should have known of the asbestos exposure risk and failed to take action to protect the victim. In strict liability cases the defendant does not need to prove negligence. In breach of warranty cases the plaintiff must show that the defendant violated their duty of care under the law when they sold a product which was not suitable for the intended use.
A knowledgeable mesothelioma lawyer will assist you in filing an asbestos lawsuit against any companies that are 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.