Asbestos Lawsuits
Asbestos lawsuits must prove an individual was exposed to asbestos, and that exposure resulted in mesothelioma or another asbestos-related diseases and that the condition has caused financial losses. Mesothelioma compensation often comes from companies that made and sold asbestos-containing products.
Your lawyer will manage all aspects of the case, even the asbestos litigation process is a daunting process. But, you must be prepared to provide details about your work and health history.
The History of Asbestos Litigation
Asbestos lawsuits have led to billions of dollars worth of settlements over the years. The most recent settlements were reached in cases involving mesothelioma asbestosis, and other diseases linked to exposure to the mineral that causes cancer. The vast majority of these cases were filed in the state of Illinois.
The asbestos litigation was caused by companies that mined, made, and supplied asbestos products to construction projects as well as other industries. Many of these companies knew asbestos was hazardous however they hid the dangers to their employees. They also concealed medical records pertaining to asbestos-related illnesses, such as lung cancer and mesothelioma. Many victims were not properly compensated for their losses.
As a result, many asbestos producers and employers have been forced to declare bankruptcy. Asbestos bankruptcy trusts have been set up to help asbestos victims receive compensation. There are still some bankrupt firms that could be sued for asbestos-related injuries.
Class action lawsuits are usually the most effective way of filing asbestos claims. These suits allow large groups of patients with mesothelioma to hold asbestos companies accountable for their negligence. A court first needs to determine whether there are enough commonalities to form a group, and that individual lawsuits for each victim would be too expensive or cumbersome.
Asbestos patients who have been identified as having mesothelioma or other asbestos-related illnesses must prove that their condition was due to exposure to asbestos. It can be difficult to prove that asbestos exposure caused the illness, since it could take years between the first exposure and the onset of symptoms. In the time of asbestos, executives of companies concealed the truth from workers and public by destroying records and hiding evidence.
Asbestos sufferers need compensation for their losses, including mesothelioma, as well as other expenses related to the illness like lost wages, travel expenses, and family care. Many suffer from serious emotional and physical trauma due to mesothelioma. To receive the compensation they deserve asbestos patients must engage a mesothelioma attorney firm that has an impressive track record of success.
Statute of limitations
Asbestos cases differ from other personal injury lawsuits because of the long latency period that is associated with asbestos-related diseases. The time limit, or the deadline for filing a lawsuit, is determined by a variety of factors including state laws and the location of exposure, as well as the time at which symptoms begin to manifest. A specialist attorney can assist victims learn about the laws of each state, and ensure that they complete their lawsuits within the proper time frame.
The law of personal injury requires that the victim be aware or should have known about their exposure before they are diagnosed with a disease. Mesothelioma, as well as other asbestos-related illnesses, are not diagnosed for many years after exposure. The clock that is known as the statute of limitations does not start when someone is first exposed. The clock starts when their symptoms are recognized.
It is important that victims seek assistance from an asbestos lawyer as soon as is possible. A lawyer who specializes in this area will be knowledgeable of the laws of every state and can evaluate any potential case free of charge. They can also draft the necessary documents, inform defendants, build a strong evidence-based case, and negotiate a settlement or advocate for the award of a jury.
An attorney for mesothelioma can help families file wrongful death suits in the event that loved ones pass away from asbestos-related diseases. This type of lawsuit can be filed by a survivor, such as a spouse or parent, child or sibling. The time-limit for wrongful death claims is usually shorter than that for personal injury lawsuits.
Making a claim within the statute of limitations is vital to ensure your rights are protected and ensure that you receive the maximum compensation. An asbestos lawyer who has expertise can help you determine if you have a valid claim, what you can do to pursue it, and suggest other compensation sources such as veterans benefits or trust funds.
Liability
You could be eligible for exposure to asbestos lawsuit compensation if you or someone close to you has been diagnosed with mesothelioma as a result of the illness. Asbestos lawsuits or claims hold the manufacturers, distributors and suppliers of asbestos liable for the harm caused by this dangerous carcinogen. The majority of people are exposed to asbestos for decades before they begin to show signs, such as mesothelioma or lung cancer, which is a rare type of cancer that affects the chest cavity's lining and abdomen.
Manufacturers of asbestos-containing products knowingly concealed the health hazards associated with these materials and did not warn their employees or the public about the dangers. These companies could be held liable for exposure to asbestos in the event that strict liability laws or product liability law apply. They could also be held accountable under implied warranties of product safety, which come with the sale of any particular product and ensure the safety of the product for its intended purpose.
Although many asbestos-related companies that produced asbestos-containing products have gone bankrupt the law requires large trust funds be set up to pay future and present asbestos claimants. These trusts have been depleted and must be rationed payments. However, some trusts are still large enough to pay mesothelioma victims with substantial settlements or jury awards.
Asbestos lawsuits can be filed as premises liability or product lawsuits. Premises liability lawsuits are filed against property owners who allow a person to be exposed to asbestos on their property. Product liability lawsuits are filed against asbestos producers, distributors, or retailers who sold dangerous asbestos products.
An experienced mesothelioma lawyer can explain the laws that apply to your case and assist you in determining what type of claim is best for your particular situation. In general, an asbestos lawyer is compensated through the contingency fee arrangement which means that the attorney is not paid unless and until they collect money for the client. This arrangement is a good option for people who don't have the financial resources to fight a long legal battle in court.
Damages
Someone who has been diagnosed with an asbestos-related disease could be eligible for financial compensation. In most jurisdictions victims may be awarded compensation to pay medical expenses and lost wages. In certain instances families of victims can also receive "loss-of-consonance" damages.
The amount of money someone will receive as compensation depends on numerous factors such as their age and the severity of their condition, their prognosis and life expectancy, as well as the amount of suffering and pain they've experienced due to their exposure. In certain cases victims have received huge settlements and jury awards however, in other cases the amount of damages awarded is comparatively low.
Asbestos lawyers can help victims receive the maximum amount of compensation they're due. They will review any documents related to the victim's exposure to asbestos and the exposure to asbestos-related products, and assist them to obtain any necessary medical records to prove the asbestos-related condition. They will also assist victims and their families to discover evidence of how their exposure to asbestos-related products impacted them.
A mesothelioma lawyer will ensure that defendants are held responsible for their part in exposing asbestos-related victims. This could mean pursuing lawsuits against distributors, manufacturers, and even employers. We have assisted clients in holding companies accountable across the United States and in locations like copyright and the Middle East, where many asbestos victims were exposed to dangerous asbestos products.
Depending on the circumstances the victim or their family member may also be eligible to file a class action lawsuit. These lawsuits allow one plaintiff to represent the interests of a group of individuals who are exposed to similar risks and injuries, which could increase the amount of compensation available to each person.
If you suspect that a person has been diagnosed with mesothelioma, or any other asbestos-related disease, it is important to contact an attorney right away. Asbestos lawsuits are often complicated and victims often receive substantial in the form of financial compensation. Attorneys can assist the families of victims in understanding the statute of limitations and other legal requirements for these claims.