The 10 Most Terrifying Things About Asbestos Lawsuits

Asbestos Lawsuits

Asbestos lawsuits must show that a person was exposed to asbestos, and that exposure resulted in mesothelioma or another asbestos-related illness and that the condition has caused financial losses. Compensation for mesothelioma is often paid by companies that manufactured and sold asbestos-containing goods.

Your lawyer will manage every aspect of the case, even the asbestos litigation process can be a bit intimidating. But, you must be prepared to provide details about your health and work background.

The History of Asbestos Litigation

Asbestos-related lawsuits have led to billions of dollars worth of settlements over the years. The most recent settlements were negotiated for mesothelioma cases, asbestosis, and various other diseases that are linked to exposure to the toxic mineral. The vast majority were filed in Illinois.

Companies that mined, produced and supplied asbestos-containing products for use in construction projects as well as other industrial sectors were responsible for the asbestos litigation. Many of these companies knew asbestos was a risk but concealed this information from their workers. They also hid medical reports regarding asbestos-related health issues, like mesothelioma or lung cancer. Many victims were not properly compensated for their losses.

In the process, a number of asbestos-related employers and producers have gone bankrupt. Asbestos bankruptcy trusts were created to assist asbestos lawsuit victims receive compensation. But, there are several bankrupt companies that could be sued for asbestos-related injuries.

Often, the most effective way to bring asbestos claims was through class action lawsuits. These suits allow large numbers of people diagnosed with mesothelioma to hold negligent asbestos companies liable. A court must first determine if there are enough similarities to form a collective and that individual lawsuits for each person would be too expensive or cumbersome.

Asbestos patients who have been identified as having mesothelioma and other asbestos-related diseases must prove that their condition was by exposure to asbestos. It can be difficult to prove that exposure has caused the illness, since it can take a long time between the initial exposure and the beginning of symptoms. During this period, asbestos executives of companies concealed the truth from workers and public by destroying records and omitting proof.

Asbestos sufferers need compensation for their losses, including mesothelioma, as well as other expenses related to the disease like lost wages, travel costs and care for family members. In addition, many victims are suffering from serious emotional and physical trauma due to mesothelioma. To get the compensation they deserve, asbestos patients require a mesothelioma lawyer with a proven track record of success.

Statute of limitations

Asbestos-related diseases have a lengthy time to develop that makes them distinct from other personal injury cases. The statute of limitations, or deadline for filing a suit, depends on several factors, including state law and the location of exposure as well as when symptoms first appear. A specialist attorney will understand each state's laws and help ensure that victims file their lawsuits or trust fund claims within the correct time frame.

The traditional personal injury statute of limitations stipulates that the victim know or should be aware of their exposure prior to the time they are diagnosed with their illness. However, mesothelioma and other asbestos-related diseases are usually not diagnosed until a long time after the initial exposure. The clock for the statute of limitations is not set when an individual is first exposed. Instead, the clock begins when their symptoms are recognized.

It is important that victims seek out an asbestos lawyer as fast as possible. A lawyer who specializes in this field is familiar with the laws of each state and will be able to review any potential case for free of cost. They can also draft the necessary documents, inform defendants, construct a solid evidence-based case, and either settle a case or advocate for a jury award.

A mesothelioma attorney can also assist families in filing claims for wrongful deaths in the event that loved ones pass away from asbestos-related ailments. This type of lawsuit can be filed by a survivor, such as a spouse, parent, child or sibling. The statute of limitations for wrongful death claims is typically shorter than for personal injury lawsuits.

The filing of a claim within the statute of limitations is essential to protect your rights and ensure you get the maximum compensation. An asbestos lawyer with experience can help you determine if you have a valid claim, and how to pursue it and recommend other sources of compensation like veterans benefits or trust funds.

Liability

You may be entitled to compensation if you or someone close to you has been diagnosed with mesothelioma or a related illness. Asbestos lawsuits or claims make manufacturers, distributors and suppliers of asbestos accountable for the damage caused by this deadly carcinogen. Most victims are exposed for years to asbestos before developing symptoms, like lung or mesothelioma cancer, a rare cancer that affects linings of the chest cavity as well as the abdomen.

The manufacturers of asbestos-containing products kept the health hazards hidden with these materials and did not inform their employees or the general public about the dangers. These companies may be held responsible for asbestos exposure when strict liability laws or product liability laws apply. Additionally, these companies are liable under implied warranties of safety, which are included in the sale of every product. These warranties assure that the product is safe for the intended use.

Although many asbestos companies that made asbestos-containing products have gone bankrupt the law requires large trust funds be created to pay future and present asbestos claimants. Many of these trusts are empty and have to divide the amount of payouts, but certain trusts are large enough to award large settlements or jury awards for mesothelioma victims.

Asbestos cases are filed either product liability or premises liability lawsuits. Premises liability lawsuits are filed against property owners who allow the exposure of a person to asbestos on their property. Product liability lawsuits are filed against asbestos distributors, producers, or retailers who sold dangerous asbestos products.

An experienced mesothelioma lawyer can explain the laws that apply to your case and assist you in determining what type of claim is appropriate for your particular circumstance. A lawyer who is asbestos-related is typically paid on a contingency basis, which means they will not be paid unless they can recover money for their client. This is a great alternative for those who do not have the funds to fight a long legal battle in court.

Damages

A person who has been diagnosed with an asbestos-related disease could be eligible for financial compensation. In the majority of jurisdictions, victims may be awarded compensation to cover medical expenses as well as lost wages. In some cases, the victim's family may also be eligible for "loss-of-consonance" damages.

The dollar amount a person receives as compensation is contingent upon various factors, including their age and the severity of their illness and their prognosis, life expectancy and the amount of pain and discomfort they have endured as a result of their exposure. In certain cases, victims were awarded large settlements or jury awards. However, in other instances, the amount of money awarded was relatively low.

Lawyers for asbestos victims can often assist in ensuring that victims are paid the amount they are owed. They will examine all documents pertaining to the exposure of a victim and use of asbestos-related products, and work with their clients to get any medical records necessary for proving the asbestos-related illness. They will also assist victims and their families to discover evidence of how their exposure to asbestos-related substances affected them.

A mesothelioma lawyer who is knowledgeable will make sure that the defendants are held accountable for their role in exposing patients to asbestos. This could mean pursuing lawsuits against distributors, manufacturers and even employers. We have helped our clients hold companies responsible in the United States, Canada and the Middle East where asbestos products were used to expose numerous victims.

A victim or their family depending on the circumstances could be eligible to file a class-action suit. These lawsuits permit one plaintiff to represent a group of people who are exposed to similar risks and injuries, which can increase the amount of compensation available to each individual.

If you suspect that a person has been diagnosed with mesothelioma or an asbestos-related disease, it is important to contact an attorney immediately. Asbestos lawsuits can be complicated and victims often receive substantial monetary compensation. Lawyers can assist the victims and their families to understand the statute of limitations and other regulations that apply to these claims.