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Asbestos Lawsuits Asbestos lawsuits are filed to pay for asbestos-related illnesses. These lawsuits usually involve companies who made, mined or sold asbestos-containing products. Asbestos-related victims can file a claim to recover damages such as medical expenses, lost wages, and other losses. The victims and their families could file claims against a variety of liable parties. In rare cases, cases can be challenged in the court. Asbestos Litigation Many workers who work with asbestos suffer from various health issues, such as mesothelioma and lung cancer among other illnesses. They often sue companies that exposed them to asbestos to seek compensation. This is called asbestos litigation. Asbestos lawsuits fall under the personal injury section of the law. These cases are filed individually, rather than as part of a collective lawsuit. Nevertheless, courts sometimes combine asbestos cases against the same defendants to facilitate processing. A mesothelioma lawyer will collect evidence to prove that a person has suffered from asbestos exposure. This evidence can comprise medical records and other documents along with testimony from medical experts. Asbestos victims also may need to examine their work history, which includes the union and employment records. This can be a lengthy process, but it is essential to ensure the success of any asbestos lawsuit. Evidence that the person was exposed to asbestos is essential for an asbestos lawsuit. This is the most difficult step in a mesothelioma claim since it requires a thorough review of the records of unions and employment, as well as speaking to co-workers. In certain cases, this could require a thorough examination of more than 40 years of employee records. Certain types of workers have a higher risk of asbestos exposure over others. This includes asbestos miners and construction workers working on sites containing asbestos, such a schools or hospitals, or refineries. Electricians, machinists, and painters are also at risk of exposure to asbestos. When asbestos becomes airborne it is able to be breathed in by employees and other people who are in close proximity. Asbestos fibers can stay in lungs for long periods of time and cause serious medical complications. It is essential that anyone who suspects that they might be suffering from asbestos seeks immediate medical attention. It could take 10, 20 or even 30 years for a diagnosis of mesothelioma to be established, so it is crucial for anyone who suspects they suffer from an asbestos-related disease seek medical attention as soon as possible. Victims may sue the companies who exposed asbestos, or receive compensation from an insurance company or victim's trust that took on the responsibility of the asbestos manufacturer who originally posed the risk. Asbestos Diseases Asbestos is a naturally occurring mineral fiber that has three kinds — chrysotile, amosite and anthophyllite — that were mined for a long time 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. It is estimated that millions of people were exposed to asbestos throughout their lives. Asbestos exposure can trigger many illnesses that affect the lungs and digestive tract. Mesothelioma and lung cancer the two most fatal asbestos-related diseases, are the most frequent. These health problems are most likely to affect people who have been exposed for a long period to asbestos. Asbestos exposure may also lead to non-cancerous lung conditions such as asbestosis and pleural plaque or thickening. These conditions result from scarring in the lungs caused by asbestos fibers. They affect the lung's capacity to efficiently transport oxygen into the bloodstream. Ogden asbestos attorney of plaques or thickening in the pleural cavity is usually a sign the patient is at greater risk of developing more serious asbestos-related lung issues like asbestos cancer or mesothelioma. Mesothelioma is a rare type of cancer that affects the lung's lining (pleura) and the the abdominal cavity and the lower digestive tract (peritoneum). It is almost exclusively caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma can develop decades after the initial exposure, and symptoms might not manifest until later in the progression of the disease. In the U.S., 3,000 people are diagnosed with mesothelioma each year. People who suffer from this fatal disease were likely exposed to asbestos over many years of working typically in the military or construction industries. Even family members of workers who didn't directly work with asbestos have been afflicted. A person diagnosed with mesothelioma, or a family member with the disease can sue asbestos companies. State laws, called statutes or limitations, permit victims and their family members to sue a company within a specified time after being diagnosed with mesothelioma, or finding out about it. Statute of limitations The statute of limitations, or time limit, for asbestos lawsuits, is set by the law of the state and may vary significantly. The statute of limitations clock generally starts to run on the time that a victim discovered or should have known that their condition was caused due to asbestos exposure. Asbestos cases are unique due to the fact that the latency period can be lengthy between the initial exposure and the first diagnosis. Because of the delay of symptoms, a patient might require numerous medical tests and procedures in order to definitively determine if an asbestos-related disease was the reason for their current condition. Additionally, a victim's health issues could be complicated by other health issues or life circumstances that could be the cause of their injuries. For these reasons, expert legal assistance is crucial to determine the time frame of a person's asbestos-related injuries. Mesothelioma can be described as a cancer that affects the mesothelium, or the tissue that covers your major internal organs. It is most prevalent in the lungs, but can also affect testicles as well as the abdomen. If you or a loved one was exposed to asbestos and later developed mesothelioma, you could be eligible for financial compensation from the businesses that mined, produced or used asbestos-containing products in your workplace. A successful mesothelioma verdict or settlement can help victims recover lost wages, medical expenses, travel costs, home care and funeral or burial costs for relatives who have passed away. Asbestos victims and their families could also seek compensation for pain and suffering and loss of consortium mental distress and emotional anxiety. The statute of limitations is set by the law of the state and can vary depending on the type of asbestos claim and the particulars of the case. For instance the statute of limitation for asbestos claims for personal injury usually starts to run on the date of a person's diagnosis, but for wrongful death cases it is usually established at the time of a family member's death. The best method of determining the state's statute of limitation is to speak with an expert mesothelioma lawyer as quickly as possible. It is essential to submit your lawsuit before the deadline for filing a lawsuit passes, as you will lose the right to do so. Compensation In most cases, an asbestos lawsuit is settled out of court. A lawyer with experience can negotiate a compensation plan on your behalf. You may be eligible for compensation for medical expenses or lost wages, as well as other expenses incurred as a result of asbestos exposure. You may also be entitled to damages for pain and discomfort. In some cases you may be awarded punitive damage in addition to compensatory damages. These are damages awarded at the judge's or jury's discretion as punishment for conduct that goes above and beyond the scope of simple negligence. Many victims of mesothelioma and other asbestos-related illnesses do not have the financial resources to cover these costs on their own. Settlements may help victims and their families get the medical treatment they require. You must provide solid evidence of asbestos exposure prior to making a claim. Your asbestos lawyer will be able to gather documents, interview witnesses and examine your work history to document your exposure to asbestos. A skilled attorney can also determine the source of your exposure by using databases that provide information on thousands of workplaces and asbestos-containing products. In an asbestos case defendants could be held responsible under various legal theories, including negligence or strict liability, as well as breaching a warranty. In negligence cases, the plaintiff has to prove the defendant knew of or ought to have been aware of the dangers of exposure to asbestos but failed to protect the victim. In strict liability cases, the court does not require evidence that the defendant has was negligent. In cases of breach of warranty the plaintiff must prove that the defendant violated their duty of care as a legal person when they sold a product which was not suitable for the intended use. A knowledgeable mesothelioma lawyer will assist you in filing an asbestos lawsuit against any companies responsible for the exposure you have to asbestos. Often, several different companies are responsible 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.