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Asbestos Lawsuits Asbestos lawsuits are filed to recover asbestos-related illnesses. Many of these cases involve companies that produced, mined or sold asbestos-containing products. Asbestos-related victims may make a claim for damages like medical expenses, lost wages, and other losses. Allen asbestos lawsuit and their families can file claims against multiple responsible parties. In rare cases, the cases may be contested in court. Asbestos Litigation Many workers who work with asbestos suffer from different health problems, including mesothelioma, lung cancer, and other illnesses. The victims of asbestos often sue companies who exposed them to seek compensation. This is referred to as asbestos litigation. Asbestos claims are filed under the category of personal injury law. These cases are filed separately, rather than as part of a group lawsuit. Courts often combine several asbestos cases against the same defendants to make processing easier. A mesothelioma lawyer can gather evidence to show that a victim has suffered from asbestos exposure. This could include medical records, other documents and testimony from a medical specialist. Asbestos-related victims might also need to look over their employment history, including the union or employment records. This could be a long 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 most difficult part in a mesothelioma case because it requires reviewing the records of unions and employment and speaking with coworkers. In certain situations, this may require a thorough examination of more than 40 years of employee documents. Certain kinds of workers are at greater risk of asbestos exposure over others. This includes asbestos miners and construction workers working on sites with asbestos, for example schools or hospitals, as well as refineries. Other professions which are at risk of exposure to asbestos include machinists electricians and painters. When asbestos is airborne, it can be breathed in by employees and other people who are in close proximity. Asbestos particles can remain in the lungs for prolonged periods of time and cause serious medical problems. This is why it's vital to anyone who believes they might be suffering from asbestosis to seek medical attention immediately. It can take up to 10, 20 or even 30 years for a mesothelioma diagnosis to be made, so it is vital that anyone who suspects they suffer from an asbestos-related disease seek medical care right away. Victims may be able to sue companies that exposed them to asbestos as well as be able to receive compensation from a trust fund or an insurance company that has assumed responsibility for the original asbestos manufacturer. Asbestos Diseases Asbestos, which is a naturally occurring mineral fiber that is found in three varietiesamosite, chrysotile, and anthophyllite, has been mined for centuries due to its unique thermal insulation properties. Due to its strength and resistance to fire, asbestos was used in a wide range of commercial and industrial products, including building insulation, ship hulls, ceiling tiles and chemical fireproofing paints. Millions of people have been exposed to asbestos in the course of their lives. Exposure to asbestos can trigger several diseases that affect the lungs, heart and the gastrointestinal tract. Mesothelioma and Lung cancer the two most fatal asbestos-related diseases, are among the most prevalent. People who have been exposed to asbestos for extended periods of time are at the greatest risk of developing these health problems. Asbestos exposure can also lead to non-cancerous lung conditions such as asbestosis and the formation of pleural plaques or thickening. These conditions are caused by scarring of the lungs due to asbestos fibers, which interferes with the ability of the lungs to provide oxygen to the bloodstream. Pleural plaque or thickening is usually a sign someone is at a higher risk of having more serious asbestos-related lung problems, such as asbestos cancer or mesothelioma. Mesothelioma is a rare cancer that affects the lung's lining (pleura) and the lining of the abdominal cavity and lower digestive tract (peritoneum). It is almost exclusively related to asbestos exposure and is usually fatal at the time it is detected. Mesothelioma typically develops after decades of initial exposure and may not be symptomatic until the late stages of the disease. In the U.S., 3,000 people are diagnosed with mesothelioma every year. People who suffer from this debilitating condition were likely exposed to asbestos for a number of years working, most commonly in the construction or military industry. Even family members of workers who didn't directly work with asbestos have been affected. A person diagnosed with mesothelioma, or someone in the family with the disease can bring a lawsuit against asbestos-related companies. State laws, also referred to as statutes or limitations, permit victims and their family members to sue a company within a certain time period 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 clock of the statute of limitations usually starts to run when a victim learns or should have discovered that their illness is caused by asbestos exposure. Asbestos cases are distinctive because the latency period can often be decades between the initial exposure and the first diagnosis. Due to the delayed nature of symptoms, a patient might need to undergo multiple medical tests and procedures in order to definitively establish that an asbestos-related illness was the root cause of their current condition. A patient's health condition could be exacerbated by other medical conditions or life circumstances. Therefore, expert legal advice is essential to determine the time frame of an individual's asbestos-related injuries. The mesothelium, or the lining of your body, is the tissue that covers all of your major organs. It's typically found in the lungs, but can also affect the testicles as well as the heart and abdomen. If you or someone close to you was exposed to asbestos and later developed mesothelioma, you could be eligible for financial compensation from the companies who mined, manufactured or used asbestos-containing products in your workplace. A successful mesothelioma settlement or verdict can help victims get back lost wages, medical expenses as well as travel expenses, funeral or burial costs for deceased family members. Asbestos victims and their families could also seek compensation for pain and suffering, loss of consortium, mental distress and emotional anguish. State laws determine the statute of limitations, which can vary depending on the kind of asbestos claim is being made and the details of the case. For instance, the statute of limitations for personal injury asbestos claims typically begins to run at the date of a claimant's diagnosis, but in cases of wrongful death, it is usually set at the time of a deceased family member's passing. Contact a seasoned mesothelioma attorney as soon as you can to learn about the statutes of limitations in your state. It is important to submit your lawsuit before the deadline for filing a lawsuit passes, as you will lose the right to file a lawsuit. Compensation In the majority of cases, asbestos lawsuits settles outside of court. A lawyer with experience can negotiate a settlement on your behalf. You could be eligible to compensation for medical expenses, lost wages and other expenses incurred due to your asbestos exposure. You may also be entitled to damages for discomfort and pain. In certain cases, you could be awarded punitive damage in addition to compensatory damages. These are awards that are made at the judge's or jury's discretion to penalize a defendant for actions that go beyond simple negligence. Many patients suffering from mesothelioma and other asbestos-related diseases do not have the funds to cover these costs on their own. Settlements can help patients and their family members get the medical care they require. You must be able to present solid evidence of exposure to asbestos when filing a lawsuit. Your asbestos lawyer can gather documents, interview witnesses and examine your work history to prove your asbestos exposure. A skilled attorney can also determine the source of your exposure by using databases that have details on a variety of job sites and asbestos-containing products. Defendants in an asbestos claim could be held accountable under one or more legal theories, such as negligence, strict liability, and breach of warranty. In negligence cases, the plaintiff must establish that 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. The strict liability case does not require evidence that the defendant acted negligently. In cases of breach of warranty, a plaintiff has to demonstrate that the defendant acted in violation of their duty of care under the law when they sold a product that was not fit for its intended use. An experienced mesothelioma lawyer can help you file an asbestos lawsuit against any companies responsible for the exposure you have to asbestos. Most of the time, several different companies are responsible for an individual's 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.