• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Asbestos Lawsuits

Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. These lawsuits typically involve companies who produced, mined or sold asbestos-containing products.

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

Asbestos Litigation

Asbestos can cause a myriad of health problems in people, including mesothelioma, lung cancer, and other diseases. These victims often sue the companies who exposed them to asbestos for compensation. This is referred to as asbestos litigation. Asbestos lawsuits fall under the personal injury category of law. These cases are filed separately and not as part of a group lawsuit. However, courts can join several asbestos cases against the same defendants for faster processing.

A mesothelioma lawyer will gather evidence to prove that a person has been affected by asbestos exposure. This evidence will include medical records and other documents, and testimony from an expert in medical science. Asbestos-related victims may also need to look over their work history, such as their employment and union records. This can be a lengthy process, but is necessary to ensure the success of any asbestos lawsuit.

The most important part of an asbestos lawsuit is proving that the victim was exposed to asbestos. This is the hardest step in a mesothelioma claim since it requires a thorough review of union and employment records as well as a discussion with co-workers. In certain cases it might be necessary to review more than 40 years' worth of records of workers.

Certain types of workers have greater risk of asbestos exposure over others. This includes miners who mine asbestos and construction workers who work on construction sites that contain asbestos lawyers, such as refineries, hospitals, schools or hospitals. Painters, machinists and electricians are also at risk of asbestos exposure.

Asbestos may become airborne and then be inhaled by workers and people nearby. Asbestos fibers can stay in the lungs for prolonged periods of time and cause serious medical problems. This is why it is vital for anyone who thinks they may be suffering from asbestos to seek medical attention immediately.

Mesothelioma can take up to 30 years to be diagnosed and therefore anyone who suspects they have asbestos-related cancer should seek medical attention immediately. Victims might be able to sue companies who exposed them to asbestos and may be able to seek compensation from a victim's trust fund or insurance company that has assumed responsibility for the original asbestos manufacturer.

Asbestos Diseases

Asbestos is a natural mineral fiber with three kinds -- chrysotile, amosite and anthophyllite -- that were mined for centuries because of their unique thermal insulating properties. Due to its durability and resistance to fire, asbestos was utilized in a variety of commercial and industrial products, including ship hulls, insulation for buildings, ceiling tiles and chemical fireproofing paints. It is estimated that millions of people were exposed to asbestos throughout the course of their lives.

Exposure to asbestos can cause several illnesses that affect the lungs, heart and the gastrointestinal tract. Lung cancer and mesothelioma are the most frequent and fatal asbestos-related illnesses. These health issues are most likely to affect those who have been exposed for a prolonged period to asbestos.

Asbestos exposure may also cause non-cancerous lung diseases like asbestosis and the formation of pleural plaques or thickening. These conditions result from scarring of the lungs from asbestos fibers, which hinders the ability of the lungs to supply oxygen to the bloodstream. Plaque or pleural thickening is a sign of a higher chance of developing asbestos-related lung disease like asbestosis and mesothelioma.

Mesothelioma, a rare form of cancer is a disease that affects the lung linings and the lower digestive tract. It is most often caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma can be diagnosed decades after exposure and symptoms may not be apparent until later in the progression of the disease.

Every year, 3,000 people are diagnosed with mesothelioma. The people who suffer from this devastating disease are likely to have been exposed to asbestos for a number of years working typically in the military or construction industry. Even relatives of workers who did not directly work with asbestos have been afflicted.

A person diagnosed with mesothelioma, or a family member with the disease can bring a lawsuit against asbestos-related companies. State laws known as statutes of limitations typically allow victims or their families to file a lawsuit within a certain time frame following their diagnosis or discovery of mesothelioma.

Statute of limitations

The statute of limitations, also known as the time limit, for asbestos lawsuits is set by the law of the state and may vary widely. The statute of limitations clock generally begins to run at the time a victim realized or should have realized that their condition was caused due to asbestos exposure. Asbestos cases are unique due to the fact that the latency period may be long between exposure to asbestos and the first diagnosis.

Due to the delayed nature of symptoms, a patient might have to undergo numerous medical tests and procedures to determine if an asbestos-related disease was the root cause of their current condition. Furthermore, the health problems could be exacerbated due to other health issues or other life circumstances that could be the root cause of their injuries. This is why expert legal assistance is crucial to determine the time frame of an individual's asbestos-related injury.

Mesothelioma is a type of cancer that affects the mesothelium - the tissue that covers your major internal organs. It is most prevalent in the lungs, but can also affect the testicles and the abdomen. If you or someone you love was exposed to asbestos lawyers while at work and developed mesothelioma you may be eligible for financial compensation from companies that mined asbestos or made asbestos-containing products or used them in your workplace.

A mesothelioma settlement or verdict can help victims recover lost wage medical expenses, travel and home care costs funeral or burial costs of deceased family members, and funeral or burial costs. Asbestos victims and their families may also seek compensation for suffering and pain as well as loss of consortium, mental distress and emotional anxiety.

The statute of limitations is governed by the law of the state and can differ based on the nature of the 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 time of a person's diagnosis, however for claims involving wrongful deaths, it is usually set by the date of a deceased family member's passing.

Consult an experienced mesothelioma attorney immediately to learn about the statutes of limitation in the state. It is essential to submit your lawsuit before the deadline statutory expires, or you'll lose your right to file a lawsuit.

Compensation

In the majority of instances, an asbestos lawsuit settles outside of court. A lawyer with experience can negotiate a compensation package on your behalf.

You may be eligible to compensation for medical costs as well as lost wages and other expenses incurred due to asbestos exposure. You can also receive damages for suffering and pain. In some cases you may be awarded punitive damage in addition to compensatory damages. These are awards given at the judge's or jury's discretion to penalize the defendant for actions that go beyond simple negligence.

Many mesothelioma sufferers and those with other asbestos-related illnesses do not have enough money to cover costs. Settlements can help patients and their families receive the medical care they require.

You must provide solid evidence of asbestos exposure when 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. A knowledgeable attorney can determine the source of your exposure by using databases that provide details on a variety of job sites and asbestos-containing products.

In asbestos cases defendants could be held responsible under a variety of legal theories that include negligence or strict liability, as well as breaching a warranty. In negligence cases, the plaintiff must demonstrate that the defendant knew or ought to have known of the asbestos exposure risk and failed to take action to protect the victim. In strict liability cases the defendant doesn't have to be found negligent. In the case of breach of warranty, the plaintiff must demonstrate that the defendant breached a legal duty of care by selling a product that was not safe for its intended use.

A mesothelioma lawyer can help you bring a lawsuit against the companies responsible for your asbestos exposure. In many cases asbestos exposure is a result 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.