Asbestos Lawsuits

Asbestos lawsuits are filed to compensate asbestos-related illnesses. These lawsuits usually involve companies that mined, manufactured or sold asbestos-containing products.

Asbestos-related victims can file a claim to recover damages like medical expenses, lost wages and other losses. The victims and their families can file claims against multiple accountable parties. In rare instances, claims could be contested in the court.

Asbestos Litigation

Many who work with asbestos suffer from various diseases, including mesothelioma and lung cancer among other diseases. They often sue companies who exposed them for compensation. This is known as 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 filed against the same defendants in order to simplify the process.

A mesothelioma lawyer will collect evidence to prove that a person has suffered from asbestos exposure. This evidence may include medical documents, other records and testimony from a medical specialist. Asbestos victims also may need to review their work history, including their union and employment records. This can be a long procedure, but it's essential for the success of a lawsuit against asbestos.

Evidence that the victim was exposed to asbestos is essential to a successful asbestos lawsuit. This is the most difficult part in a mesothelioma case as it requires the review of the union and employment records and speaking with coworkers. In certain cases, it may be necessary to look through more than 40 years of worker records.

Certain kinds of workers are at a higher risk of exposure to asbestos over others. This includes asbestos miners as well as construction workers who work on sites with asbestos, for example schools, hospitals, or refineries. Other professions that are at high risk of exposure to asbestos include machinists, electricians, and painters.

Asbestos particles can be airborne and be inhaled both by workers and people nearby. Asbestos fibers can remain in the lungs for a long period of time, leading to serious medical problems. This is why it is crucial to anyone who believes they might be suffering from asbestos to seek immediate medical treatment.

Mesothelioma can take as long as 30 years to detect, so anyone who suspects they be suffering from asbestos-related cancer should seek medical attention immediately. Victims can sue the companies who exposed them, or they can be compensated by an insurance company or victim's trust, which assumed responsibility for the original asbestos manufacturer.

Asbestos Diseases

Asbestos is a natural mineral fiber that has three types -- chrysotile, amosite and anthophyllite that were extracted for centuries due to their unique thermal insulating properties. Due to its strength and resistance to fire, asbestos is employed in a variety industrial and commercial products like building insulations, ship hulls and ceiling tiles. Millions of people have been exposed to asbestos throughout their lives.

Exposure to asbestos may cause several illnesses that affect the lungs, heart and gastrointestinal tract. Lung cancer and Mesothelioma the two most dangerous asbestos-related diseases, are the most prevalent. These diseases are more likely to affect those who have been exposed for a long time to asbestos.

Asbestos can cause non-cancerous lung conditions such as asbestosis, pleural thickening, or plaque. These conditions are caused by lung scarring caused by asbestos fibers and hinder the lung's ability to properly get oxygen into the bloodstream. Plaque thickening or pleural thickening can be an indication of a higher chance of developing asbestos-related lung disease like asbestosis or mesothelioma.

Mesothelioma is a rare type of 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 usually fatal when diagnosed. Mesothelioma often develops decades after initial exposure and may not manifest any symptoms until the late stages of the disease.

In the U.S., 3,000 people are diagnosed with mesothelioma each year. Those who suffer from this devastating disease are likely to have been exposed to asbestos for a number of years at work, most commonly in the construction or military industry. Even the relatives of asbestos workers who didn't directly work with asbestos have been affected.

A person who has been diagnosed with mesothelioma or has a loved one suffering from mesothelioma, may bring an asbestos lawsuit against the companies responsible for their exposure. State laws called statutes of limitations generally allow victims or their families to file a lawsuit within a certain period of time after their diagnosis or the discovery of mesothelioma.

Statute of Limitations

State laws can provide 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 illness was caused by asbestos exposure. Asbestos cases are distinct because the time between exposure and diagnosis may be long between initial exposure and first diagnosis.

A patient may require multiple medical tests to determine if asbestos-related illnesses are the root cause of the current condition. A victim's health issue may be exacerbated by other medical conditions or circumstances. Legal assistance from an expert is crucial in determining the timeframe of an asbestos-related accident.

The mesothelium is the layer of tissue that covers all of your major organs. It is most prevalent in the lungs, but can also affect testicles and the abdomen. If you or someone you love was exposed to asbestos at work and was diagnosed with mesothelioma, you may be entitled financial compensation from companies that mined asbestos, produced asbestos-containing products, or employed asbestos-containing products.


A successful mesothelioma verdict or settlement can help victims get back lost wages and medical expenses, travel costs, funeral or burial costs for relatives who have passed away. Asbestos victims and their families may also seek compensation for suffering and pain, loss of consortium, emotional distress and mental stress.

Statutes of limitations are set by state law, and may vary based on the nature of the asbestos claim and the particulars of the case. For example the statute of limitations for asbestos claims involving personal injury typically starts to run on the time of a person's diagnosis, but in claims involving wrongful deaths the statute of limitations is typically set at the time of a deceased family member's death.

Contact a seasoned mesothelioma attorney as soon as you can to find out the statutes of limitations in your state. You'll lose your right if you don't file your lawsuit within the deadline set by law.

Compensation

The majority of asbestos lawsuits are settled outside of court. A competent attorney can negotiate compensation on your behalf.

You may be entitled for compensation for medical expenses as well as lost wages and other expenses incurred as a result of your asbestos exposure. You could also receive compensation for suffering and pain. In certain cases, you could be awarded punitive damages in addition to compensatory damages. Laguna Niguel asbestos lawyers are awards that are made by a judge or jury at their discretion to punish an individual for actions that go beyond simple negligence.

Many patients suffering from mesothelioma and other asbestos-related illnesses do not have the financial resources to pay for these costs on their own. These settlements can help victims and their families get the medical care they need.

You must be able to present solid evidence of asbestos exposure when filing a lawsuit. Your asbestos lawyer can collect records, interview witnesses, and look over your work history to document your exposure to asbestos. An experienced attorney can use databases to determine the source of exposure which contains information on thousands of asbestos-containing items and job websites.

The defendants in an asbestos lawsuit could be held accountable under one or more legal theories, including negligence, strict liability, and breach of warranty. In negligence cases, the plaintiff must demonstrate that the defendant knew about or should have known about the asbestos exposure risk but did not take the necessary precautions to protect the victim. Strict liability cases do not require evidence that the defendant has committed a negligent act. In the case of breach of warranty, a plaintiff must show that the defendant violated a legal duty of care by selling an item that was not safe for its intended use.

A knowledgeable mesothelioma lawyer will assist you in filing an asbestos lawsuit against the businesses responsible for your exposure to asbestos. In many cases asbestos exposure is the responsibility 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.