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Asbestos Lawsuits Asbestos lawsuits seek to compensate victims of asbestos-related diseases. These cases often involve companies who mined, manufactured or sold asbestos-containing products. Asbestos victims are able to file claims for damages for medical expenses, lost wages and other losses. The victims and their families may file claims against several responsible parties. In rare cases, the claims could be contested in court. Asbestos Litigation Asbestos can cause a myriad of health problems in people, including mesothelioma, lung cancer and a host of other ailments. These victims often sue the companies that exposed them to asbestos for compensation. This is referred to as asbestos litigation. Asbestos-related claims fall within the personal injury category of law. These cases are filed individually, rather than as part of a collective lawsuit. Nevertheless, courts sometimes join asbestos cases involving the same defendants for easier processing. A mesothelioma lawyer can gather evidence to show that a victim has suffered from asbestos exposure. This evidence can comprise medical records and other documents as well as testimony from medical experts. Asbestos-related victims may also have to examine their previous employment history, including the union or employment records. This can be a long process, but it's essential for the success of an asbestos lawsuit. Evidence that the victim was exposed to asbestos is crucial to an asbestos lawsuit. This is the most difficult step in a claim for mesothelioma because it requires reviewing the records of employment and unions as well as a discussion with co-workers. In certain situations, this may require a thorough examination of more than 40 years of employee records. Certain types of workers have greater risk of asbestos exposure than other types of workers. This includes miners who mine asbestos and construction workers who work in areas that contain asbestos, such as refineries, hospitals, or schools. Other professions that are at high risk of being exposed to asbestos include machinists electricians, and painters. Asbestos can become airborne and then be inhaled by the workers and those around. Asbestos fibers can remain in the lungs for a long period of time, which can cause serious medical issues. This is why it is crucial to anyone who believes they may be suffering from asbestosis to seek medical attention right away. Mesothelioma may take up to 30 years to detect, so anyone who suspects that they have asbestos-related cancer should seek medical attention immediately. Laguna Niguel asbestos attorney could be able to sue the companies who exposed them to asbestos, and they may also be able to seek compensation from a trust fund or an insurance company that has assumed responsibility for the asbestos manufacturer who originally posed the risk. Asbestos Diseases Asbestos is a naturally occurring mineral fiber of three kinds — chrysotile, amosite and anthophyllite. They were extracted for centuries due to their unique thermal insulating properties. Due to its strength and resistance to fire, asbestos has been employed in a variety industrial and commercial products, including building insulations, ship hulls and ceiling tiles. Millions of people have been exposed to asbestos over the course of their lives. Exposure to asbestos can trigger numerous illnesses that affect the lungs, heart, and the gastrointestinal tract. Mesothelioma and lung cancer the two most dangerous asbestos-related diseases, are the most frequent. People who have been exposed to asbestos for prolonged periods of time are at greatest risk of developing these diseases. Asbestos can cause non-cancerous lung disorders like asbestosis, pleural thickening, or plaque. These conditions result from scarring of the lungs by asbestos fibers, which hinders the ability of the lungs to provide oxygen to the bloodstream. Plaque thickening or pleural thickening can be an indication of a higher risk of developing asbestos-related lung diseases like asbestosis or mesothelioma. Mesothelioma is a rare type of cancer, affects the lung linings and the lower digestive tract. It is mainly related to asbestos exposure, and is often fatal by the time it is diagnosed. Mesothelioma can be diagnosed decades after exposure and symptoms may not appear until later in the progression of the disease. Each year, 3,000 Americans are diagnosed mesothelioma. People who suffer from this fatal condition are likely to have been exposed to asbestos over many years of working, usually in the military or construction industries. Even the family members of asbestos workers who did not work directly with it have been affected. Anyone who has been diagnosed with mesothelioma or who has a loved one suffering from mesothelioma, may sue for asbestos damages against companies responsible for their exposure. State laws known as statutes of limitations usually allow victims and their families to sue within a specific time frame following the diagnosis or finding of mesothelioma. Statute of Limitations The statute of limitations, also known as the time limit for asbestos lawsuits is determined by state law and can vary significantly. The statute of limitations clock generally starts to run on the date a victim learned or should have learned that their condition was caused by asbestos exposure. Asbestos cases can be unique due to the lengthy interval between exposure and diagnosis. Due to the delayed nature of symptoms, a patient might require multiple medical tests and procedures in order to definitively determine if an asbestos-related disease was the reason for their current health issue. A patient's health condition could be exacerbated by other medical conditions or life circumstances. For these reasons, expert legal advice is essential in determining the timeframe of an individual's asbestos-related injuries. The mesothelium is the tissue that covers all of your major organs. It is most common in the lungs but can also affect testicles as well as the abdomen. If you or a loved one was exposed to asbestos and developed mesothelioma, you could be eligible for financial compensation from the businesses who mined, manufactured or used asbestos-containing products in your workplace. A successful mesothelioma verdict or settlement could allow victims to recuperate lost wages as well as medical expenses, travel costs, home care and funeral or burial expenses for deceased family members. Asbestos victims and their families could also seek damages for suffering and pain as well as loss of consortium, mental distress and emotional anxiety. State laws determine the statute of limitations, which can vary depending on what type of asbestos claim is being made and the details of the case. For instance the statute of limitation for personal injury asbestos claims typically starts to run on the date of a claimant's diagnosis, however for wrongful death cases it is usually established at the time of a family member's death. Get a mesothelioma lawyer with experience as soon as you can to find out the state's statutes of limitations. You'll lose your right if you don't file your lawsuit within the time frame specified by law. Compensation In the majority of instances, an asbestos lawsuit settles outside of court. An experienced attorney can negotiate compensation on your behalf. You could be entitled to money for medical bills, lost wages and other expenses resulting from the exposure to asbestos. You can also receive damages for pain and suffering. In certain circumstances you could be awarded punitive damages in addition to compensatory damages. These are the damages awarded at the discretion of a judge or jury to punish behavior that goes beyond and beyond the scope of simple negligence. Many mesothelioma patients and those with other asbestos-related illnesses do not have enough money to cover the costs. Settlements may help victims and their families get the medical treatment they require. When filing an asbestos lawsuit, you must provide solid evidence of your exposure to asbestos. Your asbestos lawyer can collect records, interview witnesses and examine your work history to record your asbestos exposure. An experienced attorney can utilize databases to identify the source of exposure, which include information on a variety of asbestos-containing products and job sites. In an asbestos case, defendants can be held accountable under a variety of legal theories which include negligence, strict liability, and breaching a warranty. In negligence cases, the plaintiff must establish that the defendant knew or should have known about the risk of exposure to asbestos and failed to take action to protect the victim. Strict liability cases do not require proof that the defendant was negligent. Under breach of warranty, a plaintiff must show that the defendant breached the lawful duty of care by selling an item that was not safe for its intended purpose. An experienced mesothelioma lawyer can assist you in filing an asbestos lawsuit against the companies responsible for your exposure to asbestos. In many cases asbestos exposure is the responsibility 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.