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Asbestos Lawsuits Asbestos lawsuits seek compensation for asbestos-related illnesses. A large portion of these cases involve companies who produced, mined, or sold asbestos-containing products. Asbestos-related victims can make a claim for damages like medical expenses, lost wages and other losses. The victims and their family members can file claims against multiple responsible parties. In rare cases, the lawsuits could be challenged in court. Asbestos Litigation Many who work with asbestos suffer from different health problems, including mesothelioma and lung cancer among other diseases. They often sue companies who exposed them to asbestos to seek compensation. This is called asbestos litigation. Asbestos claims are filed under the category of personal injury law. This means that these cases are filed as individual lawsuits rather than in group lawsuits. However, courts may join asbestos cases involving the same defendants for easier processing. A mesothelioma lawyer can gather evidence to prove that a victim has suffered from asbestos exposure. This evidence can include medical records and other documents as well as testimony from an expert in medical science. Asbestos victims may also need to review their work history, which includes their employment and union records. This can be a time-consuming process, but it is vital to the success of an asbestos lawsuit. The proof that the person was exposed to asbestos is essential for an asbestos lawsuit. This is the most difficult aspect in a mesothelioma lawsuit because it requires reviewing the union and employment records and speaking to co-workers. In certain situations, this may require a thorough examination of more than 40 years of documents. Certain types of workers are more likely to be exposed to asbestos than others. This includes miners who mine asbestos, and construction workers who work on sites that contain asbestos, like refineries, hospitals, or schools. Other professions which are at risk of exposure to asbestos include machinists electricians and painters. When asbestos is airborne, it can be inhaled by employees and others who are near. Asbestos fibers can stay in the lungs for a lengthy period of time, leading to serious medical issues. It is important that anyone who suspects they may be suffering from asbestos seeks immediate medical attention. It could take 10, 20 or even 30 years for a mesothelioma diagnosis to be established, so it is crucial that anyone who suspects they have an asbestos-related disease seek medical attention immediately. Victims may sue companies who exposed them, or they can be compensated by an insurance company or a victim's trust, which assumed responsibility for the original asbestos manufacturer. Asbestos Diseases Asbestos is a naturally occurring mineral fiber with three kindsamosite, chrysotile and anthophyllite that were mined for a long time due to their unique thermal insulating properties. Due to its strength and resistance against fire, asbestos has been employed in a variety industrial and commercial products, including building insulations, ship hulls, and ceiling tiles. It is estimated that millions of people were exposed to asbestos throughout the course of their lives. Exposure to asbestos can cause various diseases that affect the lungs, heart, and gastrointestinal tract. Mesothelioma and lung cancer the two most fatal asbestos-related diseases, are among the most frequent. People who have been exposed to asbestos for extended periods of time are at most risk of developing these health issues. Asbestos may also cause non-cancerous lung diseases like asbestosis, pleural thickening, or plaque. These conditions result from scarring in the lungs caused by asbestos fibers and affect the lung's capacity to efficiently transport oxygen into the bloodstream. Plaque thickening or pleural thickening can be an indication of a greater risk for asbestos-related lung diseases like asbestosis or mesothelioma. Mesothelioma is a rare cancer that affects the lung's lining (pleura) and the lining of the abdominal cavity as well as the lower digestive tract (peritoneum). It is almost exclusively related to asbestos exposure and is typically fatal at the time it is discovered. Mesothelioma typically develops after decades of initial exposure and may not be symptomatic until the end of the disease. Every year, 3,000 people are diagnosed mesothelioma. Those who have this deadly disease were likely exposed to asbestos throughout their many years of working typically in the construction or military industries. Even family members of workers who didn't work directly with asbestos were affected. A person diagnosed with mesothelioma, or a family member with the disease may file a lawsuit against asbestos companies. State laws, also known as statutes of limitations generally permit victims or their families to sue within a specific period of time following their diagnosis or the discovery of mesothelioma. Grand Prairie asbestos lawyer of Limitations The statute of limitations, or time limit, for asbestos lawsuits is set by the law of the state and may differ significantly. The statute of limitations clock typically begins to run when a victim learns or should have discovered that their condition is caused by 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. A patient could require several medical tests to prove that asbestos-related diseases are the cause of the condition. The health issues of a victim could be exacerbated by other medical conditions or circumstances. This is why expert legal assistance is crucial in determining the timeframe of an individual's asbestos-related injury. The mesothelium is the layer of tissue that covers all of your major organs. It is most prevalent in the lungs, but it can also affect testicles and the abdomen. If you or a loved one was exposed to asbestos and then developed mesothelioma, you could be entitled to financial compensation from the businesses which mined, produced or used asbestos-containing products in your workplace. A mesothelioma settlement or verdict could allow victims to recuperate lost wages and medical expenses such as travel and home care costs funeral or burial costs of family members who have passed away and funeral or burial costs. Asbestos patients and their families can also seek damages for emotional distress, mental anxiety, pain and suffering and loss of consortium. Statutes of limitations are set by law of the state, and may vary based on the nature of the asbestos claim and the particulars of the case. For example the statute of limitations for personal injury asbestos claims typically runs from the time of a person's diagnosis, however for wrongful death cases it is usually established on the date of a deceased 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 you can. It is essential to start your lawsuit before the statutory deadline expires, otherwise you lose your right to file a lawsuit. Compensation Most asbestos lawsuits are settled out of the court. A qualified lawyer can negotiate a compensation package on your behalf. You may be entitled to money for medical bills, lost wages and other expenses associated with exposure to asbestos. You may also be entitled for damages for pain and discomfort. In certain cases, you could be awarded punitive damage in addition to compensatory damages. These are awards given by a judge or jury at their discretion to punish an individual for actions that go beyond simple negligence. Many mesothelioma victims as well as those with other asbestos-related diseases do not have enough money to cover the costs. These settlements help victims and their family members get the medical treatment they need. You must be able to present solid evidence of exposure to asbestos when filing a lawsuit. An asbestos lawyer can gather documents, interview witnesses, and look over your work history to prove your asbestos exposure. A skilled attorney can also make use of databases to determine the source of exposure, which include information on a variety of asbestos-containing items and job websites. Defendants in asbestos claims could be held accountable under one or more legal theories, like negligence, strict liability, and breach of warranty. In negligence cases, the plaintiff must establish that the defendant knew of or ought to have been aware of the asbestos exposure risk but did not take the necessary precautions to protect the victim. In strict liability cases the defendant doesn't need to prove negligence. Under breach of warranty, the plaintiff must demonstrate that the defendant violated the lawful duty of care by selling an item that was unsafe for its intended use. A mesothelioma lawyer with experience can help you file an asbestos lawsuit against any companies that are responsible for the exposure you have to asbestos. A lot of times, asbestos exposure is a result of several 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.