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Asbestos Lawsuits Asbestos lawsuits seek compensation for asbestos-related diseases. A majority 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 families could file claims against multiple responsible parties. In rare cases, cases can be challenged in court. Asbestos Litigation Asbestis causes a variety of health issues in people who are exposed to asbestos, such as mesothelioma, lung cancer, and a host of other ailments. Newark asbestos lawyers of asbestos litigation sue the companies who exposed them to asbestos to recover compensation. This is referred to as asbestos litigation. Asbestos-related claims fall within the personal injury category of law. This means that these claims are filed as individual lawsuits instead of in group lawsuits. Nevertheless, courts sometimes join several asbestos cases against the same defendants to facilitate processing. A mesothelioma lawyer will collect evidence to prove that a victim has been affected by asbestos exposure. This evidence may include medical records, other documents and testimony from a medical professional. Asbestos-related victims may also have to examine their previous work history, such as their union and employment records. This could be a long process, but it is essential to ensure the success of any asbestos lawsuit. Evidence that the victim was asbestos-exposed is essential for an asbestos lawsuit. This is the most difficult part in a mesothelioma lawsuit since it requires a thorough review of union and employment records as well as a discussion with co-workers. In some cases, this can include examining more than 40 years of worker documents. Some types of workers are more likely to be exposed to asbestos than others. This includes asbestos miners and construction workers working on sites with asbestos, for example schools or hospitals, or refineries. Painters, machinists and electricians are also at risk of asbestos exposure. When asbestos is airborne, it is able to be breathed in by employees and others who are near. Asbestos particles can remain in the lungs for an extended period of time, which can cause serious medical issues. It is important that anyone who suspects they might be suffering from asbestos should seek immediate medical treatment. Mesothelioma can take as long as 30 years to detect and therefore anyone who suspects they may have asbestos-related cancer should seek medical attention as soon as possible. Victims can sue companies who exposed them, or they can receive compensation from an insurance company or a victim's trust, which assumed responsibility for the asbestos manufacturer that originally created. Asbestos Diseases Asbestos, which is a naturally occurring mineral fiber that comes in three varietiesamosite, chrysotile, and anthophyllite, has been mined for a long time due to its unique thermal insulation properties. Due to its strength and resistance against fire, asbestos is utilized in a variety of 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. Asbestos exposure can cause many lung diseases and digestive tract. Lung cancer and Mesothelioma the two most fatal asbestos-related diseases, are among the most frequent. People who have been exposed to asbestos for long periods of time are at the greatest risk of developing these health issues. Asbestos may also cause non-cancerous lung diseases such as asbestosis, pleural thickening, or plaque. These conditions are caused by lung scarring caused by asbestos fibers. They interfere with the lung's ability to effectively transport oxygen into the bloodstream. Pleural plaque or thickening is usually a sign an individual is at higher risk of having more serious asbestos-related lung issues, such as mesothelioma or asbestos-related cancer. Mesothelioma is a rare type of cancer is a disease that affects the linings of the lungs and the lower digestive tract. It is most often caused by asbestos exposure, and is often fatal when diagnosed. Mesothelioma often develops decades after the initial exposure, and it may not manifest any symptoms until the end of the disease. In the U.S., 3,000 people are diagnosed with mesothelioma every year. Those who suffer from this debilitating disease are likely to have been exposed to asbestos for a number of years at work typically in the military or construction industry. Even the relatives of asbestos workers who didn't directly interact with it have been affected. Anyone who has been diagnosed with mesothelioma, or has a loved one with mesothelioma, may bring an asbestos lawsuit against the companies responsible for their exposure. State laws, called statutes or limitations, permit victims and their families to sue a business within a certain time period after being diagnosed with mesothelioma, or discovering it. Statute of Limitations State laws can set various time limits for asbestos lawsuits. The clock for the statute of limitations generally starts to run on the time a victim realized or should have known that their condition was caused by asbestos exposure. Asbestos cases are often distinct due to the long interval between exposure and diagnosis. A patient may require multiple medical tests to establish that asbestos-related illnesses are the cause of the condition. Furthermore, the health issues could be complicated by other health issues or life events that could be the cause of their injuries. Legal assistance from an expert is essential to determine the timeframe of an asbestos-related accident. Mesothelioma is a form of cancer that affects mesothelium – the tissue that surrounds your major internal organs. It is most often found in the lungs, but can also affect the testicles as well as the heart and abdomen. If you or someone you know was exposed to asbestos while at work and was diagnosed with mesothelioma, you may be entitled to financial compensation from companies that mined asbestos or made asbestos-containing products or employed asbestos-containing products. A successful mesothelioma settlement or a verdict can help victims recuperate lost wages and medical expenses as well as travel expenses, home care and funeral or burial costs for deceased family members. Asbestos victims and their families can also seek compensation for suffering and pain as well as loss of consortium, mental distress and emotional stress. The statute of limitations is set by the law of the state and can vary depending on the nature of the asbestos claim and the particulars of the case. For instance the statute of limitations for asbestos claims involving personal injury typically runs from the date of a claimant's diagnosis, however for cases of wrongful death, it is usually set by the date of a deceased family member's passing. Get a mesothelioma lawyer with experience immediately to find out the statutes of limitations in your state. You'll lose your right if you do not submit your lawsuit by the statutory deadline. Compensation Most asbestos lawsuits are settled outside of the court. A qualified lawyer can negotiate a compensation package on your behalf. You could be entitled to compensation for lost wages, medical bills and other expenses associated with the exposure to asbestos. You may also be entitled to damages for suffering and pain. In some cases you may be awarded punitive damages in addition to compensatory damages. These are awards given at the judge or jury's discretion to punish an individual for behavior that goes beyond negligence. Many victims of mesothelioma and other asbestos-related diseases do not have the financial resources to pay for these costs on their own. These settlements can help victims and their families get the medical treatment they require. If you are filing an asbestos lawsuit, you must have evidence of your exposure to asbestos. Your asbestos lawyer can collect documents, speak with witnesses and examine your work history to prove your asbestos exposure. A knowledgeable attorney can determine the source of your exposure by using databases that contain details on thousands of job sites and asbestos-containing products. Defendants in an asbestos claim are liable under one or more legal theories, like negligence, strict liability, and breach of warranty. In negligence cases, a plaintiff must establish that the defendant was aware or should have known about the asbestos exposure risk and failed to take appropriate action to protect the victim. The strict liability case does not require evidence that the defendant committed a negligent act. Under breach of warranty, the plaintiff must demonstrate that the defendant violated the lawful obligation of care by selling a product that was unsafe for its intended use. A mesothelioma lawyer with experience can help you file an asbestos lawsuit against any businesses responsible for the exposure you have to asbestos. In most cases, multiple 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.