Asbestos Lawsuits
Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. A large portion of these cases involve companies who produced, mined or sold asbestos-containing products.
Asbestos-related victims may make a claim for damages such as medical expenses, lost wages and other losses. The victims and their families could file claims against multiple accountable parties. In rare cases, the claims may be contested in the court.
Asbestos Litigation
Many people who work with asbestos suffer from a variety of health problems, including mesothelioma, lung cancer and other diseases. The victims of asbestos often sue companies that exposed them to asbestos for compensation. This is known as asbestos litigation. Asbestos claims fall under the personal injury category of law. These cases are filed separately, rather than as part of a group lawsuit. Nevertheless, courts sometimes join asbestos cases against the same defendants for easier processing.
A mesothelioma lawyer can gather evidence to prove that a victim has suffered from asbestos exposure. The evidence could include medical records, other documents, and testimony from a medical specialist. Asbestos-related victims may also have to review their past 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 aspect in a mesothelioma claim as it requires the review of employment and union records, as well as speaking to co-workers. In some instances it is possible to review more than 40 years of worker records.
Certain types of workers are at a higher risk of asbestos exposure over others. This includes miners who mine asbestos as well as construction workers who work in areas that contain asbestos, such as refineries, hospitals, schools or hospitals. Other professions which are at risk of being exposed to asbestos include machinists electricians and painters.
When asbestos is airborne, it can be breathed in by employees as well as other people who are in close proximity. Asbestos particles can remain in lungs for long periods of time and can cause serious medical complications. It is essential that anyone who suspects they might be suffering from asbestos should seek immediate medical care.
It could take up to 10, 20 or even 30 years for a mesothelioma diagnosis to be established, which is why it is vital that anyone who suspects that they suffer from an asbestos-related disease seek medical care right away. Victims may sue companies who exposed them, or get compensation from an insurance company or a victim's trust that took on the responsibility of the original asbestos manufacturer.
Asbestos Diseases
Asbestos is a natural mineral fiber of three kinds -- chrysotile, amosite and anthophyllite that were mined for centuries because of their unique thermal insulation properties. Due to its strength and resistance to fire, asbestos was employed in a myriad of industrial and commercial products, such as ship hulls, insulation for buildings, ceiling tiles and chemical fireproofing paints. Millions of people have been exposed to asbestos throughout the course of their lives.
Asbestos exposure can cause many diseases that affect the lungs and digestive tract. Mesothelioma and lung cancer, the two most deadly asbestos-related diseases, are the most frequent. People who have been exposed to asbestos for long periods of time are at highest risk for developing these health problems.
Asbestos may cause non-cancerous lung conditions such as asbestosis, pleural thickening or plaque. These conditions are caused by lung scarring caused by asbestos fibers. They interfere with the lung's ability to efficiently transport oxygen into the bloodstream. Plaque or thickening of the pleura is usually a sign an individual is at higher risk of having more serious asbestos-related lung diseases, such as asbestos cancer or mesothelioma.
Mesothelioma is a rare form of cancer is a disease that affects the lung linings and the lower digestive tract. It is usually caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma can develop decades after exposure and symptoms may not be apparent until later in the progression of the disease.
In the U.S., 3,000 people are diagnosed with mesothelioma each year. The people who suffer from this debilitating condition were likely exposed to asbestos for several years at work mostly in the construction or military industry. Even the family members of asbestos workers who did not directly work with asbestos have been affected.
A person diagnosed with mesothelioma, or a family member with the disease may file a lawsuit against asbestos-related companies. State laws known as statutes of limitations usually allow victims or their families to file a lawsuit within a certain period of time following their diagnosis or the discovery of mesothelioma.
Statute of Limitations
State laws can set a wide range of time limits for asbestos lawsuits. The statute of limitations clock typically begins to run when a victim learns or should have discovered that their illness was caused by exposure to asbestos. Asbestos cases are often distinct due to the long latency period between exposure and diagnosis.
Because of the delay of symptoms, a patient may need to undergo numerous medical tests and procedures to establish that an asbestos-related illness was the reason for their current condition. In addition, a patient's health issues could be complicated by other health issues or life circumstances 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.
Schaumburg asbestos attorney is the layer of tissue that covers all of your major organs. It's typically found in the lungs, but can also affect the testicles, heart and abdomen. If you or someone you love was exposed to asbestos while 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 in your workplace.
A mesothelioma verdict or settlement can help victims recuperate lost wages and medical expenses, travel and home care costs funeral or burial costs of deceased family members, and funeral or burial costs. Asbestos patients and their families could also seek compensation for mental distress, emotional anguish, pain and suffering and loss of consortium.
The statute of limitations is governed by law of the state, and can differ based 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 is set when the diagnosis is made. However, for claims involving wrongful death, it is determined by the date that the deceased family member passed died.
Get a mesothelioma lawyer with experience immediately to find out the state's statutes of limitations. You'll lose your rights if you do not file your lawsuit by the time frame specified by law.
Compensation
In the majority of cases, an asbestos lawsuit settles outside of court. A competent lawyer can negotiate a compensation package on your behalf.
You may be eligible to compensation for medical expenses, lost wages and other expenses related to asbestos exposure. You could also receive compensation for pain and suffering. In some cases you may be awarded punitive damages in addition to compensatory damages. These are awards that are made at the judge or jury's discretion to punish the defendant for actions that go beyond simple negligence.
Many victims of mesothelioma and other asbestos-related illnesses do not have the funds to cover these costs on their own. Settlements may help victims and their families receive the medical treatment they require.
When filing an asbestos lawsuit, you must present solid evidence of your exposure to asbestos. Your asbestos lawyer can gather documents, interview witnesses and examine your work history to prove your exposure to asbestos. A knowledgeable attorney can determine the source of your exposure by using databases that provide details on thousands of job sites and asbestos-containing products.
In an asbestos case defendants could be held accountable under a variety of legal theories, including negligence or strict liability. They can also be held accountable for breaching a warranty. In negligence cases, a plaintiff must demonstrate that the defendant was aware or should have known of the risk of exposure to asbestos and did not take the necessary steps to protect the victim. In strict liability cases, the defendant does not have to be found negligent. In cases of breach of warranty, a plaintiff has to demonstrate that the defendant violated their duty of care under the law when they sold a product that was not appropriate for the purpose it was intended to serve.
A knowledgeable mesothelioma lawyer will help you file an asbestos lawsuit against any businesses responsible for the exposure you have to asbestos. A lot of times, asbestos exposure is the fault of a variety of 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.