Asbestos Lawsuits

Asbestos lawsuits are filed to recover asbestos-related diseases. A large portion of these cases involve companies who mined, manufactured 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 families of the victims may file claims against multiple liable parties. In rare cases, the claims could be contested in court.

Asbestos Litigation

Many who work with asbestos suffer from various health problems, including mesothelioma and lung cancer among other diseases. The victims of asbestos litigation sue the companies who exposed asbestos to recover compensation. This is called asbestos litigation. Asbestos claims are filed under the personal injury law category. This means that these cases are filed in individual lawsuits, not in group lawsuits. Courts often combine several asbestos cases brought against the same defendants in order to simplify the process.

A mesothelioma lawyer will collect evidence to show that a victim was exposed to asbestos. The evidence could include medical records, other documents, and testimony from a medical specialist. Asbestos-related victims might also need to look over their work history, including their union and employment records. This can be a long process, but it's crucial to the success of an asbestos lawsuit.

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 the records of employment and unions and also speaking with coworkers. In some instances it is possible to look through more than 40 years' worth of records of workers.

Some types of workers are more likely to be exposed to asbestos than others. This includes miners who mine asbestos, and construction workers who work on construction sites that contain asbestos, such as refineries, hospitals, or schools. Other occupations which are at risk of exposure to asbestos include machinists, electricians, and painters.

Asbestos particles can be airborne and then be inhaled by the workers and those around. Asbestos fibres can remain in the lungs for prolonged periods of time and can cause serious medical complications. It is essential that anyone who suspects that they may be suffering from asbestos should seek immediate medical care.

Mesothelioma can take up to 30 years to diagnose and, therefore, anyone who suspects that they be suffering from asbestos-related cancer should seek medical attention immediately. Victims may be able to pursue legal action against the companies who exposed them and may be able to seek compensation from a trust fund or insurance company that has assumed the responsibility for the original asbestos manufacturer.

Asbestos Diseases

Asbestos is a naturally occurring mineral fiber with three kinds -- chrysotile, amosite and anthophyllite. They were mined for centuries because of their unique thermal insulation properties. Due to its strength and resistance to fire, asbestos has been used in a variety of 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 are the most frequent and deadly asbestos-related ailments. These diseases are more likely to affect those who have been exposed for a prolonged period to asbestos.

Beaumont asbestos attorneys may cause non-cancerous lung conditions like asbestosis, pleural thickening and plaque. These conditions are caused by scarring in the lungs caused by asbestos fibers. They hinder the lung's ability to efficiently transport oxygen into the bloodstream. Plaque thickening or pleural thickening can be a sign of a higher risk of developing asbestos-related lung diseases, such as asbestosis or mesothelioma.

Mesothelioma is a rare cancer that affects the lung's lining (pleura) and the lining of the abdominal cavity and lower digestive tract (peritoneum). It is almost exclusively related to asbestos exposure and is usually fatal at the time it is discovered. Mesothelioma can develop years after exposure and symptoms may not appear until later in the course of the disease.

Every year, 3,000 people are diagnosed with mesothelioma. Those who suffer from this debilitating disease are likely to have been exposed to asbestos for several years at work, most commonly in the military or construction industry. Even family members of workers who didn't work directly with asbestos have been affected.

A person diagnosed with mesothelioma or a family member suffering from the disease can sue asbestos-related companies. State laws called statutes of limitations usually allow 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 law of the state and can differ in a wide range. The statute of limitations clock generally starts to run on the time that a victim discovered or should have realized that their illness was caused by exposure to asbestos. Asbestos cases are distinct because the latency period may be long between initial exposure and first diagnosis.

A patient may require multiple medical tests to prove that asbestos-related illnesses are the root cause of the condition. Furthermore, the health problems could be exacerbated by other health issues or life circumstances that could be the root cause of their injuries. Legal advice from an experienced attorney is crucial to establish the timeline of an asbestos-related injury.

The mesothelium, or the lining of your body, is the tissue that covers your major organs. It is most prevalent in the lungs, but can also affect testicles as well as the abdomen. If you or someone you know was exposed to asbestos at work and then developed mesothelioma, you could be eligible for financial compensation from companies that mined asbestos, produced asbestos-containing products or employed asbestos-containing products.

A mesothelioma settlement or verdict could allow victims to recuperate lost wages, medical expenses such as travel and home care costs funeral or burial costs of family members who have passed away, and funeral or burial costs. Asbestos patients and their families may also seek compensation for emotional distress, mental anguish, pain and suffering and loss of consortium.

State laws determine the statute of limitations, which can vary depending on the type of asbestos claim is being made and the particulars of the case. For instance the statute of limitations for asbestos claims involving personal injury typically runs from the date of a claimant's diagnosis, however for claims involving wrongful deaths the statute of limitations is typically set on the date of a deceased family member's death.

Consult an experienced mesothelioma attorney immediately to know the statutes of limitation in the state. It is crucial to file your lawsuit before the deadline statutory expires, or you'll lose your right to do so.

Compensation

Most asbestos lawsuits are settled out of court. A lawyer with experience can negotiate a compensation plan on your behalf.

You could be entitled to money for lost wages, medical bills and other expenses associated with exposure to asbestos. You may also be entitled to compensation for discomfort 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 the scope of simple negligence.

Many victims of mesothelioma and other asbestos-related illnesses do not have the funds to pay for these costs on their own. Settlements offered by these companies can help patients and their families access the medical treatment they require.

When filing an asbestos lawsuit, you must present solid evidence of your exposure to asbestos. Your asbestos lawyer can collect records, interview witnesses and review your work history to record your exposure to asbestos. A knowledgeable attorney can utilize databases to identify the source of exposure, which include information on a variety of asbestos-containing items and job websites.

Defendants in asbestos claims are liable under one or more legal theories, like negligence, strict liability or breach of warranty. In negligence cases, a plaintiff must establish that the defendant was aware or ought to have known of the asbestos exposure risk and failed to take appropriate action to protect the victim. In strict liability cases the defendant does not have to be found negligent. In a breach of warranty case, the plaintiff must demonstrate that the defendant violated a legal duty of care by selling a product that was unsafe for its intended purpose.

A mesothelioma lawyer can help you file a lawsuit against companies accountable for your exposure to asbestos. In most cases, multiple 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.
Beaumont asbestos attorneys