Asbestos Lawsuits
Asbestos lawsuits are filed to pay for asbestos-related illnesses. Provo asbestos attorneys involve companies that made, mined or sold asbestos-containing products.
Asbestos victims make claims to recover damages for medical expenses as well as lost wages and other losses. The victims and their families may file claims against multiple liable parties. In rare instances, the claims could be challenged in the court.
Asbestos Litigation
Many workers who work with asbestos suffer from different diseases, including mesothelioma and lung cancer among other diseases. The victims of asbestos litigation sue the companies who exposed asbestos to them to seek compensation. This is known as asbestos litigation. Asbestos claims are filed under the category of personal injury law. These cases are filed individually, rather than as part of a collective lawsuit. Nevertheless, courts sometimes combine asbestos cases against the same defendants for faster processing.
A mesothelioma lawyer will collect evidence to show that a victim was exposed to asbestos. This evidence can include medical documents and other records, as well as testimony from a medical expert. Asbestos-related victims might also need to look over their employment history, including the union or employment records. This can be a time-consuming procedure, but it's vital to the success of a lawsuit against asbestos.
Evidence that the victim was asbestos-exposed is essential to a successful asbestos lawsuit. This is the most difficult part in a mesothelioma claim because it requires reviewing the records of unions and employment and talking to coworkers. In certain cases, it may be necessary to examine more than 40 years' worth of worker records.
Certain types of workers are more likely to be exposed to asbestos than other types. This includes miners who mine asbestos and construction workers who work on construction sites that contain asbestos, such as refineries, hospitals, or schools. Other professions that are at risk of being exposed to asbestos include machinists, electricians and painters.
Asbestos can become airborne and inhaled by the workers and those around. Asbestos fibers can stay in the lungs for an extended period of time, which can cause serious medical issues. It is crucial to ensure that anyone who suspects they might be suffering from asbestos should seek immediate medical treatment.
Mesothelioma may take up to 30 years to be diagnosed and, therefore, anyone who suspects they be suffering from asbestos-related cancer should seek medical attention as soon as possible. Victims could be able to pursue legal action against the companies that exposed them to asbestos as well as be able to obtain compensation from a victim's trust fund or an insurance company that has assumed the responsibility for the asbestos manufacturer who originally posed the risk.
Asbestos Diseases
Asbestos is a naturally occurring mineral fiber with three kinds- chrysotile, amosite and anthophyllite. They were extracted for centuries due to their unique thermal insulation properties. Due to its strength and resistance against fire, asbestos has been used in a variety of industrial and commercial products, including building insulations, ship hulls and ceiling tiles. Millions of people have been exposed to asbestos in the course of their lives.
Exposure to asbestos can cause several ailments that affect the lungs, heart and gastrointestinal tract. Mesothelioma and lung cancer are the most common and fatal asbestos-related illnesses. These diseases are more likely to affect those who have been exposed for a long time to asbestos.
Asbestos may cause non-cancerous lung conditions like 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 thickening of the pleura is usually a sign that someone is at a higher risk for more serious asbestos-related lung issues, such as asbestos cancer or mesothelioma.
Mesothelioma is a rare cancer that affects the lining of the lungs (pleura) and the lining of the abdominal cavity and lower digestive tract (peritoneum). It is most often caused by asbestos exposure, and is usually fatal when diagnosed. Mesothelioma usually develops years after initial exposure. It may not manifest any symptoms until the late stages of the disease.
Every year, 3,000 people are diagnosed mesothelioma. People suffering from this devastating disease were probably exposed to asbestos for several years at work, most commonly 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 may bring a lawsuit against asbestos companies. State laws, called statutes or limitations, permit victims and their family members to sue a company within a specific time after being diagnosed with mesothelioma, or discovering it.
Statute of limitations
State laws can set a wide range of time limits for asbestos lawsuits. The statute of limitations clock typically begins to run when a victim learns or should have discovered that their illness is caused by exposure to asbestos. Asbestos cases are distinct because the time between exposure and diagnosis can be lengthy between initial exposure and first diagnosis.
A patient might require multiple medical tests to establish that asbestos-related illnesses are the cause of the health issue. A patient's health condition could be complicated by other medical conditions or life circumstances. Therefore, expert legal advice is essential in determining the timeframe of an individual'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 common in the lungs but can also affect testicles and the abdomen. If you or a loved one was exposed to asbestos and then developed mesothelioma in the past, you may be entitled to financial compensation from the businesses who mined, manufactured or used asbestos-containing products at your workplace.
A successful mesothelioma verdict or settlement could help victims recuperate lost wages and medical expenses and travel costs, as well as home care and funeral or burial expenses for deceased family members. Asbestos patients and their families may also seek damages for mental distress, emotional suffering, anguish and loss of consortium.
Statutes of limitations are set by state law, and may vary based on the type of asbestos claim and the particulars of the case. For instance the statute of limitations for asbestos claims involving personal injury typically begins to run at the date of a person's diagnosis, but for wrongful death cases the statute of limitations is typically set by the date of a family member's passing.
The best way to determine the state's statute of limitations is to talk to an experienced mesothelioma lawyer, as soon as possible. You'll lose your rights if you don't file your lawsuit by the deadline set by law.
Compensation
In most instances, an asbestos lawsuit settles outside of court. A lawyer with experience can negotiate a compensation package on your behalf.
You could be eligible to compensation for medical costs or lost wages, as well as other expenses incurred as a result of asbestos exposure. You can also receive damages for suffering and pain. In certain cases, you could be awarded punitive damages in addition to compensatory damages. These are damages that are awarded at the judge's or jury's discretion to punish actions that go above and beyond simple negligence.
Many mesothelioma sufferers as well as those with other asbestos-related diseases don't have enough money to cover costs. Settlements are designed to help patients and their families receive the medical treatment they require.
You must provide solid evidence of asbestos exposure prior to filing a lawsuit. An asbestos lawyer can gather documents, speak with witnesses and review your work history to record your asbestos exposure. A knowledgeable attorney can utilize databases to identify the source of exposure, which contains information on thousands of asbestos-containing products and job websites.
Defendants in asbestos claims are liable under one or more legal theories, such as negligence, strict liability and breach of warranty. In negligence cases, the plaintiff must demonstrate that the defendant was aware or should have known of the risk of exposure to asbestos and failed to take action to protect the victim. Strict liability cases do not require evidence that the defendant has was negligent. In a breach of warranty case, a plaintiff must show that the defendant violated a legal duty of care by selling a product that was not safe for the purpose it was intended.
A knowledgeable mesothelioma lawyer will assist you in filing an asbestos lawsuit against any companies that are responsible for your exposure to asbestos. Often, 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.