Asbestos Lawsuits
Asbestos lawsuits are filed to pay for asbestos-related diseases. These lawsuits usually involve companies who made, mined or sold asbestos-containing products.
Asbestos victims are able to file claims for damages for medical expenses, lost wages and other losses. The families of the victims may file claims against multiple liable parties. In rare cases, cases may be contested in court.
Asbestos Litigation
Many workers who work with asbestos suffer from different health problems, including mesothelioma, lung cancer and other diseases. The victims of asbestos often sue companies who exposed them to seek compensation. This is known as asbestos litigation. Asbestos lawsuits fall under the personal injury section of the law. This means that these cases are filed in individual lawsuits, not in group lawsuits. However, courts can join asbestos cases against the same defendants to facilitate processing.
A mesothelioma lawyer will gather evidence to prove that a victim has suffered from asbestos exposure. This evidence may include medical records, other documents, and testimony from a medical professional. Asbestos-related victims might also need to review their past work history, such as their union and employment records. This can be a lengthy 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 because it requires reviewing the union and employment records and also talking to coworkers. In certain cases it might be necessary to look through more than 40 years of records of workers.
Certain types of workers have an increased risk of exposure to asbestos than others. This includes miners who mine asbestos and construction workers who work on sites that contain asbestos, like schools, hospitals or refineries. Other professions that are at high risk of exposure to asbestos include machinists electricians, and painters.
When asbestos becomes airborne, it is able to be breathed in by employees and other people who are near. Asbestos fibers can remain in the lungs for a lengthy period of time, leading to serious medical issues. This is why it is so important for anyone who thinks they may be suffering from asbestos to seek medical attention immediately.
It can take up to 10, 20 or even 30 years for a diagnosis of mesothelioma to be established, which is why it is crucial for anyone who suspects they have an asbestos-related disease seek medical attention immediately. Victims may sue the companies that 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 naturally occurring mineral fiber that has three types -- 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 has been employed in a variety industrial and commercial products, including building insulations, ship hulls and ceiling tiles. It is estimated that millions of people were exposed to asbestos over their lives.
Asbestos exposure can cause many lung diseases and digestive tract. Mesothelioma and Lung cancer, the two most deadly asbestos-related diseases, are the most common. People who have been exposed to asbestos for prolonged periods of time are at the greatest risk of developing these diseases.
Asbestos may cause non-cancerous lung disorders such as asbestosis, pleural thickening, or plaque. These conditions result from lung scarring caused by asbestos fibers. They hinder the lung's ability to effectively transport oxygen into the bloodstream. Plaque or pleural thickening 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 lining of the lungs (pleura) and the lining of the abdominal cavity as well as the lower digestive tract (peritoneum). It is usually caused by asbestos exposure, and is often fatal when diagnosed. Mesothelioma can develop decades after exposure to asbestos, and symptoms might not manifest until later in the progression of the disease.
Each year, 3,000 Americans are diagnosed with mesothelioma. People who suffer from this fatal disease were likely exposed to asbestos over many years of employment, usually in the construction or military industries. Even family members of workers who didn't work directly with asbestos were affected.
A person diagnosed with mesothelioma or a family member with the disease can file a lawsuit against asbestos-related companies. State laws called statutes of limitations typically allow victims and their families to file a lawsuit within a specific period of time after their diagnosis or discovery of mesothelioma.
Statute of limitations
State laws can set an array of time limits for asbestos lawsuits. The clock of the statute of limitations usually starts to run when a victim discovers or should have realized that their condition is caused by exposure to asbestos. Asbestos cases are distinctive due to the fact that the latency period can often be decades between exposure to asbestos and the first diagnosis.
A patient could require several medical tests to establish that asbestos-related illnesses are the cause of the current health issue. A patient's health condition could be complicated by other medical conditions or life circumstances. For these reasons, expert legal assistance is crucial for establishing the timeline of an individual's asbestos-related injuries.
Mesothelioma is a type of cancer that affects mesothelium, the tissue that surrounds your major internal organs. It's typically found in the lungs, but can also affect the testicles as well as the heart and abdomen. If you or a loved one was exposed to asbestos and then developed mesothelioma, you could be eligible for financial compensation from the companies that mined, produced or used asbestos-containing products in your workplace.
A mesothelioma settlement or verdict can help victims recover lost wage, medical expenses such as travel and home care costs funeral or burial expenses of family members who have passed away funeral or burial costs. Asbestos victims and their families could also seek damages for suffering and pain as well as loss of consortium, mental distress and emotional anguish.
State laws establish the statute of limitations, which can vary depending on what type of asbestos claim being filed and the specifics of the case. For example the statute of limitation for asbestos claims for personal injury usually runs from the time of a person's diagnosis, however for cases of wrongful death, it is usually set by the date of a deceased family member's passing.
Contact Orem asbestos lawyers seasoned mesothelioma attorney immediately to learn about the statutes of limitations in your state. It is crucial to submit your lawsuit before the statutory deadline expires, or you'll lose your right to do so.
Compensation
The majority of asbestos lawsuits are settled out of the court. A competent attorney can negotiate compensation on your behalf.
You could be eligible for compensation for medical expenses, lost wages and other expenses incurred due to your asbestos exposure. You could also receive compensation for suffering and pain. In certain circumstances, you may be awarded punitive damages in addition to compensatory damages. These are damages that are awarded at the discretion of a judge or jury to punish actions that go above and beyond simple negligence.
Many mesothelioma sufferers and those with other asbestos-related diseases do not have enough money to cover expenses. Settlements are designed to help patients and their families get the medical treatment they need.
You must be able to provide solid evidence of asbestos exposure prior to making a claim. Your asbestos lawyer will be able to gather documents, interview witnesses and review your work history in order to document your exposure to asbestos. An experienced attorney can determine the source of your exposure using databases that have details on thousands of job sites and asbestos-containing products.
Defendants in asbestos claims are 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 or should have known of the asbestos exposure risk and did not take the necessary steps to protect the victim. In strict liability cases the defendant doesn't need to prove negligence. In a breach of warranty case, the plaintiff must demonstrate that the defendant breached the lawful obligation of care by selling a product that was unsafe for its intended use.
An experienced mesothelioma lawyer can 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 accountable 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.