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Asbestos Lawsuits Asbestos lawsuits are filed to compensate asbestos-related diseases. These lawsuits usually involve companies who mined, manufactured, or sold asbestos-containing materials. Asbestos victims file claims to recover damages for medical expenses as well as lost wages and other losses. The victims and their family members could file claims against a variety of responsible parties. In rare cases, the cases may be contested in the court. Asbestos Litigation Asbestos can cause a myriad of health issues in people, including mesothelioma, lung cancer and a host of other ailments. The victims of asbestos often sue companies that exposed them to asbestos for compensation. This is referred to as asbestos litigation. Asbestos claims are filed under the category of personal injury law. This means that the cases are filed as individual lawsuits instead of in group lawsuits. However, courts can combine asbestos cases involving the same defendants for easier processing. A mesothelioma lawyer will gather evidence to prove that a person was exposed to asbestos. This evidence may include medical records, other documents and testimony from a medical specialist. Asbestos victims may also need to look over their work history, including their employment and union records. This can be a lengthy process, but it's crucial to the success of an asbestos lawsuit. The proof that the victim was exposed to asbestos is essential to a successful asbestos lawsuit. This is the most difficult part in a claim for mesothelioma as it requires the review of the employment and union records and also speaking with coworkers. In certain situations, this may include examining more than 40 years of documents. Some types of workers are more prone to be exposed to asbestos than other types of workers. This includes miners who mine asbestos and construction workers who work on construction sites that contain asbestos, such as schools, hospitals or refineries. Electricians, machinists, and painters are also at risk of exposure to asbestos. When asbestos is airborne, it is able to be breathed in by employees and others who are nearby. Asbestos particles can remain in the lungs for a long period of time, which can cause serious medical issues. Gainesville asbestos lawyers is why it's so important for anyone who suspects that they may be suffering from asbestos to seek immediate medical treatment. It could take 10-20 or even 30 years for a diagnosis of mesothelioma to be made, so it is crucial that anyone who suspects they have an asbestos-related disease seek medical attention immediately. Victims could be able to pursue legal action against 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 liability for the asbestos manufacturer that originally exposed them to asbestos. Asbestos Diseases Asbestos, a natural mineral fiber that is found in three varietiesamosite, chlorosotile and anthophyllite, has been mined for a long time due to its unique thermal insulation properties. Because of its durability and resistance to fire, asbestos was used in a myriad of commercial and industrial products, such as ship hulls, insulation for buildings ceiling tiles, as well as chemical fireproofing paints. It is estimated that millions of people were exposed to asbestos throughout the course of their lives. Asbestos exposure can cause various illnesses that affect the lungs and digestive tract. Lung cancer and Mesothelioma, the two most deadly asbestos-related diseases, are among the most prevalent. People who have been exposed to asbestos for long periods of time are at the most risk of developing these diseases. Asbestos exposure can cause non-cancerous lung disorders like asbestosis, pleural plaque or thickening. These conditions are caused by scarring of the lungs by asbestos fibers, which can hinder the lungs' ability to provide oxygen to the bloodstream. Pleural thickening or plaque is an indication of a greater risk of developing asbestos-related lung diseases like asbestosis and mesothelioma. Mesothelioma, a rare form of cancer can affect the lung linings as well as the lower digestive tract. It is mainly related to asbestos exposure and is usually fatal by the time it is detected. Mesothelioma can be diagnosed decades after the initial exposure, and symptoms may not appear until later in the progression of the disease. Each year, 3,000 Americans are diagnosed with mesothelioma. Those who have this deadly disease were likely exposed to asbestos during many years of work typically in the construction or military industries. Even family members of workers who did not directly work with asbestos were affected. A person diagnosed with mesothelioma or a family member suffering from the disease may bring a lawsuit against asbestos companies. State laws called statutes of limitations usually allow victims or their families to file a lawsuit within a specified time frame following their diagnosis or the discovery of mesothelioma. Statute of limitations The statute of limitations, or time limit for asbestos lawsuits, is set by state law and can differ significantly. The statute of limitations clock typically begins to run when a victim finds out or should have realized that their illness is caused by asbestos exposure. Asbestos cases are distinct because the time between exposure and diagnosis can often be decades between initial exposure and first diagnosis. Because of the delay of symptoms, a patient may have to undergo numerous medical tests and procedures to determine that an asbestos-related illness was the root cause of their current health issue. Additionally, a victim's health problems could be exacerbated by other health issues or other life circumstances which could be the root cause of their injuries. This is why professional legal assistance is essential to determine the time frame of an individual's asbestos-related injuries. The mesothelium is the tissue that covers all of your major organs. It is most often found in the lungs, but can also affect the testicles, heart and abdomen. If you or someone you know was exposed to asbestos in the workplace and was diagnosed with mesothelioma, you may be entitled to financial compensation from companies that mined asbestos, produced asbestos-containing products or employed asbestos-containing products. A successful mesothelioma verdict or settlement could help victims recuperate lost wages and medical expenses and travel costs, as well as home care and funeral or burial expenses for deceased family members. Asbestos victims and their families can also seek damages for pain and suffering, loss of consortium, emotional distress and mental anxiety. State laws set the time limit for a claim that can differ depending on the type of asbestos claim being filed and the specifics of the case. For instance the statute of limitations for asbestos claims involving personal injury typically begins to run at the time of a person's diagnosis, but for wrongful death cases, it is usually set on the date of a deceased family member's death. Contact a seasoned mesothelioma attorney as soon as you can to know the statutes of limitation in the state. You'll lose your rights if you don't file your lawsuit by the deadline set by law. Compensation Most asbestos lawsuits are settled outside of court. A qualified lawyer can negotiate a compensation package on your behalf. You may be entitled to money for lost wages, medical bills and other expenses resulting from your exposure to asbestos. You can also receive damages for suffering and pain. In some cases you may be awarded punitive damages in addition to compensatory damages. These are awards that are made at the judge's or jury's discretion to punish the defendant for actions that go beyond simple negligence. Many mesothelioma patients as well as those with other asbestos-related diseases do not have enough money to cover costs. Settlements may help victims and their families receive the medical treatment they require. You must provide solid evidence of asbestos exposure when making a claim. Your asbestos lawyer will be able to gather records, interview witnesses and review your work history to document your exposure to asbestos. An experienced attorney can determine the source of your exposure using databases that provide details on a variety of job sites and asbestos-containing products. Defendants in an asbestos claim are liable under one or more legal theories, including negligence, strict liability, and breach of warranty. In negligence cases, a plaintiff must demonstrate that the defendant knew or should have known of the asbestos exposure risk and did not take the necessary steps 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 breached their legal duty of care when they sold a product which was not appropriate for the intended use. A knowledgeable mesothelioma lawyer will help you file an asbestos lawsuit against any companies responsible for the exposure you have to asbestos. In most cases, multiple 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.