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Asbestos Lawsuits Asbestos lawsuits are filed to compensate asbestos-related illnesses. These lawsuits typically involve companies who mined, manufactured or sold asbestos-containing products. Asbestos victims make claims to recover damages for medical expenses, lost wages and other losses. The families of the victims could file claims against multiple liable parties. In rare instances, the lawsuits could be challenged in court. Asbestos Litigation Asbestis causes a variety of health problems in people, including mesothelioma, lung cancer, and other diseases. These victims sue the companies who exposed asbestos to recover compensation. This is known as asbestos litigation. Asbestos claims are filed under the category of personal injury law. The cases are filed as individual, rather than as part of a group lawsuit. Nevertheless, courts sometimes combine asbestos cases against the same defendants to facilitate processing. A mesothelioma lawyer will collect evidence to show that a patient was exposed to asbestos. This evidence will comprise medical documents and other records, as well as testimony from an expert in medical science. Tallahassee asbestos lawsuit -related victims may also need to look over their employment history, including the union or employment records. This can be a time-consuming process, but it is crucial to the success of an asbestos lawsuit. The most crucial part of an asbestos lawsuit is to prove that the victim was exposed to asbestos. This is the most difficult step in a mesothelioma case as it requires the review of the records of unions and employment and also speaking to co-workers. In certain cases it might be necessary to examine more than 40 years of records of workers. Certain kinds of workers are at a higher risk of asbestos exposure 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. Electricians, machinists, and painters are also at risk of asbestos exposure. When asbestos becomes airborne, it can be breathed in by employees and other people who are near. Asbestos fibers can remain in the lungs for a long period of time, leading to serious medical complications. This is why it's vital for anyone who suspects that they might be suffering from asbestos 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. Victims could be able to sue the companies who exposed them, and they may also be able to obtain compensation from a victim's trust fund or insurance company that has assumed the responsibility for the asbestos manufacturer that originally exposed them to asbestos. Asbestos Diseases Asbestos, which is a naturally occurring mineral fiber that is found in three types -amosite, chrysotile, and anthophyllite – has been mined for centuries because of its unique thermal insulation properties. Because of its strength and resistance to fire, asbestos was employed in a variety of industrial and commercial products, including ship hulls, building insulation ceiling tiles, and chemical fireproofing paints. It is estimated that millions of people were exposed to asbestos during their lives. Asbestos exposure can cause various lung diseases and digestive tract. Lung cancer and mesothelioma are the most common and deadly asbestos-related diseases. These health problems are most likely to affect people who have been exposed for a prolonged period to asbestos. Asbestos exposure can also cause non-cancerous lung diseases like asbestosis, pleural plaque or thickening. These conditions result from scarring of the lungs from asbestos fibers, which interferes with the lungs' ability to supply oxygen to the bloodstream. Pleural plaque or thickening is usually a sign the patient is at greater risk of developing more serious asbestos-related lung problems like mesothelioma or asbestos-related cancer. Mesothelioma is a rare cancer that affects the lining of the lungs (pleura) and the lining of the abdominal cavity and the lower digestive tract (peritoneum). It is most often caused by asbestos exposure and is usually fatal when diagnosed. Mesothelioma often develops decades after initial exposure and may not show any symptoms until the final stages of the disease. In the U.S., 3,000 people are diagnosed with mesothelioma every year. Those who have this deadly condition are likely to have been exposed to asbestos during many years of work typically in the construction or military industries. Even family members of asbestos workers who did not directly work with asbestos have been affected. A person diagnosed with mesothelioma, or a family member with the disease may sue asbestos companies. State laws called statutes of limitations typically allow victims or their families to file a lawsuit within a specific period of time after their diagnosis or discovery of mesothelioma. Statute of Limitations State laws can set a wide range of time limits for asbestos lawsuits. The statute of limitations clock usually begins to run when a victim discovers or should have realized that their illness is caused by exposure to asbestos. Asbestos cases may be unique due to the long latency period between exposure and diagnosis. A patient might require multiple medical tests to determine if asbestos-related diseases are the cause of the health issue. In addition, a patient's health issues might be complicated due to other health issues or life circumstances that could be the cause of their injuries. For these reasons, expert legal advice is essential for establishing the timeline of an individual's asbestos-related injuries. The mesothelium, or the lining of your body, is the tissue that surrounds all of your major organs. It's typically found in the lungs, but it can also affect the testicles, heart and abdomen. If you or someone you love was exposed to asbestos in the workplace and developed mesothelioma you may be entitled financial compensation from companies that mined asbestos or made asbestos-containing products, or employed asbestos-containing products. A mesothelioma verdict or settlement can help victims recover lost wage medical expenses as well as home and travel costs funeral or burial expenses of deceased family members funeral or burial expenses. Asbestos patients and their families may also seek damages for emotional distress, mental anxiety, pain and suffering and loss of consortium. State laws establish the time limit for a claim, which can vary depending on the kind of asbestos claim is being filed and the specifics of the case. The time limit for filing a claim in asbestos cases involving personal injury usually is set at the time of diagnosis. For claims involving wrongful death, it is determined by the date that the family member who died passed away. died. Contact a seasoned mesothelioma attorney immediately to find out the state's statutes of limitations. You will lose your right if you don't submit your lawsuit by the time frame specified by law. Compensation In most cases, asbestos lawsuits settles out of court. A lawyer with experience can negotiate a compensation plan on your behalf. You could be eligible to compensation for medical costs as well as lost wages and other expenses incurred due to your asbestos exposure. You could also be entitled to compensation for pain and discomfort. In certain circumstances, you may be awarded punitive damage in addition to compensatory damages. These are damages awarded at the judge's or jury's discretion as punishment for conduct that goes above and beyond simple negligence. Many mesothelioma patients as well as those with other asbestos-related diseases do not have enough money to cover costs. Settlements can help patients and their family members get the medical treatment they require. In order to file an asbestos lawsuit, you must provide solid evidence of your exposure to asbestos. Your asbestos lawyer can gather records, interview witnesses and review your work history to record your asbestos exposure. An experienced attorney can utilize databases to identify the source of exposure which contains information on thousands of asbestos-containing items and job sites. The defendants in an asbestos lawsuit are liable under one or more legal theories, like negligence, strict liability, and breach of warranty. In negligence cases, a plaintiff must demonstrate that the defendant knew or should have known about the asbestos exposure risk and failed to take action to protect the victim. In strict liability cases the defendant does not have to be found negligent. In breach of warranty cases, a plaintiff has to show that the defendant violated their duty of care under the law when they sold a product which was not appropriate for its intended use. A mesothelioma lawyer can assist you bring a lawsuit against the companies that are accountable for your exposure to asbestos. Often, 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.