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Asbestos Lawsuits Asbestos lawsuits are filed to pay for asbestos-related diseases. These lawsuits typically involve companies who mined, manufactured, or sold asbestos-containing materials. Asbestos-related victims may make a claim for damages like medical expenses, lost wages and other losses. The families of the victims may file claims against multiple liable parties. In rare cases, the cases may be contested in court. Asbestos Litigation Many workers who work with asbestos suffer from a variety of diseases, including mesothelioma and lung cancer among other diseases. These victims sue the companies who exposed asbestos to them to seek compensation. This is called asbestos litigation. Asbestos claims are filed under the category of personal injury law. These cases are filed individually and not as part of a group lawsuit. Courts often combine several asbestos cases filed against the same defendants in order to make processing easier. A mesothelioma lawyer will gather evidence to prove that a person has suffered from asbestos exposure. The evidence could include medical records and other documents and testimony from medical experts. Asbestos victims also may need to examine their work history, including the union and employment records. Santa Monica asbestos lawyer can be a lengthy procedure, but it's crucial to the success of an asbestos lawsuit. Evidence that the victim was exposed to asbestos is essential for an asbestos lawsuit. This is the most difficult part in a mesothelioma claim since it requires a thorough review of the records of unions and employment and speaking with coworkers. In certain cases, it may be necessary to look through more than 40 years' worth of records of workers. Certain types of workers are at a higher risk of exposure to asbestos than others. This includes asbestos miners as well as construction workers who work on areas that contain asbestos, like schools, hospitals, or refineries. Painters, machinists and electricians are also at risk of exposure to asbestos. Asbestos can become airborne and inhaled by people working in the vicinity and by those who are nearby. Asbestos fibers can stay in lungs for long periods of time and cause serious medical problems. It is important that anyone who suspects that they may be suffering from asbestos should seek immediate medical attention. It could take 10, 20 or even 30 years for a mesothelioma diagnosis to be made, so it is crucial for anyone who suspects they suffer from an asbestos-related disease seek medical care right away. Victims may 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 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 is a naturally occurring mineral fiber with three kindsamosite, chrysotile and anthophyllite that were mined for centuries because of their unique thermal insulation properties. Because of its strength and resistance to fire, asbestos was used in a wide range of commercial and industrial products, including ship hulls, insulation for buildings ceiling tiles, as well as chemical fireproofing paints. Millions of people have been exposed to asbestos throughout the course of their lives. Asbestos exposure can cause various diseases that affect the lungs and digestive tract. Lung cancer and Mesothelioma the two most dangerous asbestos-related diseases, are the most frequent. These diseases are more likely to affect people who have been exposed for a long period to asbestos. Asbestos exposure can lead to non-cancerous lung conditions such as asbestosis and pleural plaque or thickening. These conditions result from scarring in the lungs caused by asbestos fibers and affect the lung's capacity to properly get oxygen into the bloodstream. Plaque thickening or pleural thickening can be a sign of a higher risk for asbestos-related lung diseases, such as asbestosis or mesothelioma. Mesothelioma is a rare form of cancer can affect the linings of the lungs and the lower digestive tract. It is usually linked to asbestos exposure and is usually fatal by the time it is diagnosed. Mesothelioma typically develops after decades of the initial exposure, and it may not show any symptoms until the late stages of the disease. Each year, 3,000 Americans are diagnosed mesothelioma. Those who have this deadly condition are likely to have been exposed to asbestos over many years of work, usually in the military or construction industries. Even the relatives of asbestos workers who didn't directly work with asbestos have been affected. A person who has been diagnosed with mesothelioma or who has a loved one with mesothelioma can file an asbestos lawsuit against the companies responsible for their exposure. State laws known as statutes of limitations usually permit victims or their families to sue within a certain 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 widely. The clock for the statute of limitations generally starts running at the date a victim learned or should have learned that their illness was caused by asbestos exposure. Asbestos cases may be unique due to the lengthy time between exposure and diagnosis. A patient may require multiple medical tests to establish that asbestos-related diseases are the cause of the current condition. A patient's health condition could be exacerbated by other medical conditions or life circumstances. For these reasons, professional legal assistance is essential in determining the timeframe of an individual's asbestos-related injuries. Mesothelioma can be described as a cancer that affects the mesothelium, the tissue that surrounds your major internal organs. It is most prevalent in the lungs but can also affect testicles and the abdomen. If you or someone you love was exposed to asbestos in the workplace and then developed mesothelioma, you could be entitled financial compensation from companies that mined asbestos, produced asbestos-containing products, or used them in your workplace. A mesothelioma settlement or verdict can help victims recuperate lost wages, medical expenses, travel and home care costs funeral or burial costs of family members who have passed away and funeral or burial expenses. Asbestos patients and their families could also seek compensation for emotional distress, mental suffering, anguish and loss of consortium. The statute of limitations is governed by state law, and may vary based on the nature of the asbestos claim and the specifics of the case. For example, the statute of limitations for asbestos claims for personal injury usually runs from the date of a person's diagnosis, but in cases of wrongful death the statute of limitations is typically set at the time of a deceased family member's passing. The best way to determine the state's statute of limitations is to talk to an experienced mesothelioma lawyer, as soon as you can. It is important to file your lawsuit before the deadline for filing a lawsuit passes, as you will lose your right to file a lawsuit. Compensation The majority of asbestos lawsuits are settled out of the court. A competent lawyer can negotiate a compensation plan on your behalf. You may be entitled for compensation for medical expenses as well as lost wages and other expenses incurred due to asbestos exposure. 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 the damages awarded at the discretion of a judge or jury as punishment for conduct that goes above and beyond the scope of simple negligence. Many victims of mesothelioma and other asbestos-related illnesses don't have the financial resources to pay for these costs on their own. Settlements are designed to help patients and their families receive the medical care they require. You must provide solid evidence of exposure to asbestos when making a claim. Your asbestos lawyer can gather records, interview witnesses, and study your work history in order to document your exposure to asbestos. A skilled attorney can also use databases to determine the source of exposure, which contains information on thousands of asbestos-containing items and job sites. In asbestos cases defendants could be held responsible under various legal theories which include negligence or strict liability. They can also be held accountable for breaching a warranty. In negligence cases, the plaintiff must prove the defendant knew of or should have known about the asbestos exposure risk but did not take the necessary precautions to protect the victim. In strict liability cases, the defendant does not have to be found negligent. In cases of breach of warranty the plaintiff must prove that the defendant acted in violation of their duty of care under the law when they sold a product that was not appropriate for the purpose it was intended to serve. A mesothelioma attorney can help you to file a lawsuit against companies accountable for your exposure to asbestos. A lot of times, asbestos exposure is the fault of a variety of companies. 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.