Asbestos Lawsuits

Asbestos lawsuits are filed to compensate asbestos-related diseases. A large portion of these cases involve companies that produced, mined, or sold asbestos-containing products.

Asbestos victims are able to file claims for damages for medical expenses as well as lost wages and other losses. The victims and their families can file claims against multiple accountable parties. In rare instances, claims may be contested in the court.

Asbestos Litigation

Many workers who work with asbestos suffer from various health problems, including mesothelioma, lung cancer, and other diseases. They sue the businesses who exposed asbestos to them to recover compensation. This is known as asbestos litigation. Asbestos claims are filed under the category of personal injury law. This means that the cases are filed as individual lawsuits rather than in group lawsuits. Courts may combine multiple asbestos cases against the same defendants to facilitate the process.

A mesothelioma lawyer will collect evidence to prove that a victim has been affected by asbestos exposure. This could include medical documents, other records and testimony from a medical professional. Asbestos-related victims may also need to review their past work history, including their employment and union records. This can be a long procedure, but it's crucial to the success of an asbestos lawsuit.

Evidence that the victim was asbestos-exposed is essential for an asbestos lawsuit. This is the most difficult part in a mesothelioma lawsuit since it requires a thorough review of the records of employment and unions as well as a discussion with coworkers. In certain situations, this may require a thorough examination of more than 40 years of employee records.

Certain kinds of workers are at a higher risk of exposure to asbestos than other types of workers. This includes asbestos miners as well as construction workers working on sites that contain asbestos, like schools or hospitals, as well as refineries. Other professions which are at risk of exposure to asbestos include machinists electricians, and painters.

Asbestos particles can be airborne and then be inhaled by workers and people nearby. Asbestos fibers can remain in the lungs for a lengthy period of time, which can cause serious medical issues. This is why it is vital for anyone who thinks they may be suffering from asbestosis to seek immediate medical treatment.

Mesothelioma can take as long as 30 years to be diagnosed and, therefore, anyone who suspects they may have asbestos-related cancer should seek medical attention as soon as possible. Victims can sue companies that exposed them, or they can be compensated by an insurance company or a victim's trust that assumed responsibility for the original asbestos manufacturer.

Asbestos Diseases

Asbestos, a naturally occurring mineral fiber that is found in three formsamosite, chrysotile, and anthophyllite, has been mined for centuries due to its unique thermal insulation properties. Due to its strength and resistance against fire, asbestos is utilized in a variety of industrial and commercial products like building insulations, ship hulls and ceiling tiles. It is estimated that millions of people were exposed to asbestos over their lives.

Asbestos exposure can trigger various diseases that affect the lungs and digestive tract. Mesothelioma and lung cancer are the most prevalent and deadly asbestos-related diseases. People who have been exposed to asbestos for prolonged periods of time are at the highest risk for developing these health problems.

Asbestos exposure can also cause non-cancerous lung disorders like asbestosis and the formation of pleural plaques or thickening. These conditions are caused by scarring the lungs from asbestos fibers, which interferes with the lungs' ability to provide oxygen to the bloodstream. Pleural plaque or thickening is usually a sign someone is at a higher risk of developing more serious asbestos-related lung diseases like mesothelioma or asbestos cancer.


Mesothelioma is a rare cancer that affects the lung's lining (pleura) and the the abdominal cavity and lower digestive tract (peritoneum). It is usually caused by asbestos exposure, and can be fatal if diagnosed. Mesothelioma often develops decades after initial exposure. It may not show any symptoms until the final stages of the disease.

In the U.S., 3,000 people are diagnosed with mesothelioma each year. People who suffer from this fatal condition are likely to have been exposed to asbestos during many years of work typically in the military or construction industries. Even family members of asbestos workers who didn't directly interact with it have been affected.

A person diagnosed with mesothelioma, or a family member suffering from the disease may sue asbestos companies. State laws called statutes of limitations usually allow victims and their families to file a lawsuit within a specific period of time after their diagnosis or the discovery of mesothelioma.

Statute of Limitations

State laws can establish a wide range of time limits for asbestos lawsuits. The clock for the statute of limitations usually begins to run when a victim discovers or should have realized that their illness was caused by exposure to asbestos. Asbestos cases are often distinct due to the long time between exposure and diagnosis.

A patient may require multiple medical tests to prove 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. This is why professional legal assistance is essential for establishing the timeline of a person's asbestos-related injuries.

Mesothelioma can be described as a cancer that affects mesothelium - the tissue that surrounds your main internal organs. It is most prevalent in the lungs, but can also affect the testicles and the abdomen. If you or someone close to you was exposed to asbestos and developed mesothelioma in the past, you may be eligible for financial compensation from the businesses that mined, produced or used asbestos-containing materials in your workplace.

A successful mesothelioma settlement or a verdict can help victims recuperate lost wages and medical expenses as well as travel expenses, funeral or burial expenses for deceased family members. Bloomington asbestos attorney and their families could also seek compensation for suffering and pain and loss of consortium emotional distress and mental stress.

Statutes of limitations are set by the law of the state and may vary based on the type of asbestos claim and the particulars of the case. For example, the statute of limitations for asbestos claims for personal injury usually starts to run on the date of a claimant's diagnosis, but for cases of wrongful death it is usually established at the time of a family member's death.

Contact a seasoned mesothelioma attorney as soon as you can to know the statutes of limitation in the state. It is important to submit your lawsuit before the statutory deadline expires, or you'll lose your right to file a lawsuit.

Compensation

In most cases, an asbestos lawsuit is settled out of court. A qualified lawyer can negotiate a settlement on your behalf.

You could be entitled to compensation for medical bills, lost wages and other expenses associated with exposure to asbestos. You could also be entitled for damages for pain and discomfort. In certain circumstances you could be awarded punitive damages in addition to compensatory damages. These are awards made at the judge or jury's discretion to penalize a defendant for behavior that goes beyond negligence.

Many mesothelioma victims as well as those with other asbestos-related diseases do not have enough money to cover the expenses. Settlements offered by these companies can help patients and their families access the medical care they need.

You must provide solid evidence of exposure to asbestos when filing a lawsuit. Your asbestos lawyer will be able to gather documents, speak with witnesses, and study your work history to document your asbestos exposure. A skilled attorney can also use databases to determine the source of exposure which include information on a variety of asbestos-containing products as well as job sites.

The defendants in an asbestos lawsuit are liable under one or more legal theories, such as negligence, strict liability and breach of warranty. In negligence cases, the plaintiff must prove the defendant knew of or should have known about the dangers of exposure to asbestos but did not take the necessary precautions to protect the victim. In strict liability cases, the defendant does not need to prove negligence. In a breach of warranty case, a plaintiff must show that the defendant breached the lawful obligation of care by selling an item that was unsafe for its intended purpose.

An experienced mesothelioma lawyer can help you file an asbestos lawsuit against any companies that are responsible for your exposure to asbestos. A lot of times asbestos exposure is the fault of a number 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.