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Asbestos Lawsuits Asbestos lawsuits are filed to pay for asbestos-related diseases. These lawsuits usually involve companies who produced, mined, or sold asbestos-containing materials. Asbestos victims are able to file claims for damages for medical expenses as well as lost wages and other losses. The victims and their families may file claims against multiple accountable parties. In rare cases, claims could be challenged in the court. Asbestos Litigation Many who work with asbestos suffer from a variety of health issues, such as mesothelioma, lung cancer, and other illnesses. The victims of asbestos often sue companies who exposed them to asbestos to seek compensation. This is known as asbestos litigation. Asbestos claims are filed under the personal injury law category. This means that the cases are filed in individual lawsuits, not in group lawsuits. However, courts may join asbestos cases involving the same defendants for easier processing. A mesothelioma lawyer will collect evidence to prove that a victim has been affected by asbestos exposure. The evidence could include medical documents and other records, as well as testimony from a medical expert. Asbestos sufferers may also have to review their employment history, including their union and employment records. This can be a time-consuming process, but it's vital to the success of a lawsuit against asbestos. The proof that the person was exposed to asbestos is essential for an asbestos lawsuit. This is the most difficult part in a mesothelioma lawsuit since it requires a thorough review of the records of employment and unions as well as a discussion with coworkers. In some cases, this can involve examining more than 40 years of worker documents. Certain types of workers are more likely to be exposed to asbestos than other types of workers. This includes asbestos miners and construction workers who work on areas that contain asbestos, like schools or hospitals, as well as refineries. Other occupations that are at risk of being exposed to asbestos include machinists electricians and painters. When asbestos becomes airborne, it is able to be breathed in by employees and others who are near. Asbestos fibers can stay in the lungs for a long period of time, which can cause serious medical complications. It is important that anyone who suspects that they may be suffering from asbestos should seek immediate medical care. Mesothelioma may take up to 30 years to detect and therefore anyone who suspects that they have asbestos-related cancer should seek medical attention as soon as possible. Victims might be able to pursue legal action against the companies who exposed them and may be able to obtain compensation from a victim's trust fund or insurance company that has assumed responsibility for the original asbestos manufacturer. Asbestos Diseases Asbestos, a natural mineral fiber that is found in three types — amosite, chrysotile and anthophyllite, has been mined for centuries due to its unique thermal insulation properties. Because of its strength and resistance to fire, asbestos was utilized in a variety of industrial and commercial products, such as ship hulls, insulation for buildings ceiling tiles, as well as paints for fireproofing that contain chemicals. Millions of people have been exposed to asbestos throughout the course of their lifetime. Exposure to asbestos can cause numerous diseases that affect the lungs, heart and gastrointestinal tract. Mesothelioma and Lung cancer the two most dangerous asbestos-related diseases, are the most frequent. These diseases are more likely to affect those who have been exposed for a prolonged period to asbestos. Asbestos can cause non-cancerous lung disorders like asbestosis, pleural thickening and plaque. These conditions are caused by scarring the lungs by asbestos fibers, which interferes with the ability of the lungs to supply oxygen to the bloodstream. The appearance of plaques or thickening in the pleural cavity is usually a sign the patient is at greater risk of having more serious asbestos-related lung diseases, such as mesothelioma or asbestos cancer. Mesothelioma is a rare form of cancer, affects the lung linings as well as the lower digestive tract. It is usually caused by asbestos exposure and is usually fatal when diagnosed. Mesothelioma can develop years after exposure and symptoms may not appear until later in the progression of the disease. In the U.S., 3,000 people are diagnosed with mesothelioma every year. The people who suffer from this devastating disease are likely to have been exposed to asbestos for a number of years working, most commonly in the construction or military industry. Even the relatives of asbestos workers who didn't directly interact with it have been affected. A person diagnosed with mesothelioma or a family member suffering from the disease may sue asbestos-related companies. State laws, also known as statutes or limitations, allow victims and their families to sue a business within a specific time after being diagnosed with mesothelioma or discovering it. Statute of Limitations The statute of limitations, or time limit for asbestos lawsuits, is set by law of the state and can differ widely. The clock for the statute of limitations generally starts to run on the date a victim learned or should have learned that their illness was caused due to asbestos exposure. Asbestos cases can be unique due to the long time between exposure and diagnosis. Due to the delayed onset of symptoms, a patient may have to undergo numerous medical tests and procedures to definitively determine that an asbestos-related illness was the reason for their current condition. In addition, a patient's health problems could be exacerbated by other health issues or other life circumstances that could be the cause of their injuries. Legal advice from an experienced attorney is essential to determine the timeframe of an asbestos-related injury. Mesothelioma is a form of cancer that affects mesothelium, the tissue that surrounds your main internal organs. Port St. Lucie asbestos attorneys 's typically found in the lungs, but it can also affect the testicles, heart and abdomen. If you or someone you know was exposed to asbestos while at work and developed mesothelioma you may be entitled to financial compensation from companies who mined asbestos, made asbestos-containing products, or employed asbestos-containing products. A successful mesothelioma verdict or settlement can help victims recuperate lost wages as well as medical expenses as well as travel expenses, home care and funeral or burial expenses for deceased family members. Asbestos patients and their families may also seek compensation for mental distress, emotional anxiety, pain and suffering and loss of consortium. State laws establish the time limit for a claim and it can differ based on what kind of asbestos claim is being filed and the specifics of the case. For example the statute of limitations for asbestos claims involving personal injury typically runs from the time of a person's diagnosis, however for cases of wrongful death, it is usually set at the time of a family member's passing. The best method to determine the statute of limitations in your state is to consult with an experienced mesothelioma lawyer as soon as you can. You will lose your right if you don't submit your lawsuit by the deadline set by law. Compensation In the majority of cases, an asbestos lawsuit is settled out of court. A lawyer with experience can negotiate a compensation package on your behalf. You could be entitled to compensation for medical bills, lost wages and other costs resulting from your exposure to asbestos. 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 discretion of the judge or jury to punish behavior that goes beyond and beyond the scope of simple negligence. Many victims of mesothelioma and other asbestos-related illnesses do not have the funds to pay for these expenses on their own. Settlements are designed to help patients and their families get the medical treatment they require. In order to file an asbestos lawsuit, you must have evidence of your exposure to asbestos. Your asbestos lawyer will be able to gather documents, speak with witnesses and review your work history to document your exposure to asbestos. A skilled attorney can also use databases to determine the source of exposure, which contain information on thousands of asbestos-containing items and job sites. In an asbestos case, defendants can be held liable under various legal theories, including negligence or strict liability, as well as breaching a warranty. In negligence cases, a plaintiff must demonstrate that the defendant was aware or ought to 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 was negligent. In cases of breach of warranty the plaintiff must demonstrate that the defendant violated their duty of care as a legal person when they sold a product which was not fit for its intended use. An experienced mesothelioma lawyer can help you file an asbestos lawsuit against any businesses responsible for your exposure to asbestos. Most of the time, several different companies are responsible 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.