Asbestos Lawsuits
Asbestos lawsuits must establish that an individual was exposed to asbestos, and that exposure caused mesothelioma or other asbestos-related diseases and that the condition has resulted in financial losses. Compensation for mesothelioma is typically paid by the companies that made and sold asbestos-containing items.
Although asbestos litigation can appear intimidating but your lawyer will take care of the entire case. But, you must be prepared to disclose details of your work and health background.
The History of Asbestos Litigation
Asbestos lawsuits have resulted in billions of dollars in settlements over the years. The most recent settlements were reached in cases involving mesothelioma asbestosis, and other diseases caused by exposure to the mineral that causes cancer. The vast majority were filed in Illinois.
Companies that mined, produced and supplied asbestos products for use in construction projects and other industrial sectors were accountable for the asbestos-related lawsuits. The companies knew that asbestos was a risk, but kept the information from their employees. They also hid medical records regarding asbestos-related health issues, like mesothelioma and cancer. Many victims were not properly compensated for their losses.
Additionally, many of the asbestos-producing facilities and employers went bankrupt as a result of these lawsuits. Asbestos bankruptcy trusts have been set up to help asbestos victims receive compensation. However, there are still several bankrupt companies that may be sued for asbestos-related injuries.
Class action lawsuits are often the most effective method of filing asbestos claims. These suits allow large groups of people diagnosed with mesothelioma to hold asbestos companies accountable for their negligence. A court has to first decide whether there are enough similarities to form a collective and that individual lawsuits for each person would be too costly or burdensome.
Asbestos patients who have been diagnosed with mesothelioma as well as other asbestos-related illnesses need to prove that their illness was caused by exposure to asbestos. This can be difficult, as a period of decades could pass between the first exposure and the onset of symptoms. During this period, asbestos executives of companies concealed the truth from workers and public by destroying records and hiding proof.
Asbestos sufferers need compensation for their losses, including mesothelioma as well as additional expenses relating to the disease, such as lost wages, travel costs, and family care. Many victims also suffer severe physical and emotional traumas as a result of mesothelioma. In order to get the amount of compensation they are entitled to, asbestos victims need a mesothelioma law firm with a track record of success.
Statute of Limitations
Asbestos cases differ from other personal injury lawsuits because of the long latency period that is associated with asbestos-related diseases. The statute of limitations or the time limit for filing an action, is determined by several factors, including state law, location of exposure and the time when symptoms first begin to manifest. A specialist attorney can assist victims learn about the laws of each state and help ensure that they complete their lawsuits within the appropriate time frame.
The standard personal injury statute requires that the victim know or should have known about their exposure before they are diagnosed with a disease. Mesothelioma, and other asbestos-related illnesses, are not diagnosed for many years after exposure. The statute of limitations clock is not set when an individual is exposed for the first time. Instead, the clock starts when symptoms are identified.
It is essential that victims seek assistance from an asbestos lawyer as soon as possible. A lawyer with expertise in this area will be knowledgeable of the laws of every state and will be able to review any potential case at no charge. They can also prepare all the necessary documentation, notify the defendants, build an evidence-based argument and negotiate or argue for a verdict.
Additionally, a seasoned mesothelioma lawyer can assist families in filing wrongful death lawsuits following the deaths of loved ones from asbestos-related diseases. This kind of lawsuit is filed by a survivor family member such as spouse, parent, child, or sibling. Wrongful death claims typically have shorter statutes of limitations than personal injury lawsuits.
Making a claim within the statute of limitations is crucial to ensure your rights are protected and ensure you receive maximum compensation. An experienced asbestos attorney can help you determine if you have a valid legal claim, what the best method to pursue it, and recommend other sources of compensation, such as trust fund or veterans benefits claims.
Liability
You could be entitled to compensation if you or someone close to you has been diagnosed with mesothelioma as a result of the disease. Asbestos lawsuits hold asbestos manufacturers distributors, suppliers, and manufacturers accountable for the harm that they cause. Most often, people what is the average settlement for asbestos claim are exposed to asbestos for years before their symptoms appear like mesothelioma or lung cancer which is a rare form of cancer that affects the chest cavity's lining and abdomen.
The manufacturers of asbestos-containing products covered up the health risks associated with these substances and did not warn their workers or the public about the dangers. As a result, these companies can be held liable for asbestos exposure under strict liability laws or product liability laws. They could also be held liable under implied warranties of product safety, which come in every sale of a particular product and ensure the product's safety and intended use.
While a lot of asbestos companies that made asbestos-containing products have been declared bankrupt, the law requires that 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 some remain sufficient to provide large settlements or jury awards to mesothelioma victims.
Asbestos lawsuits are filed as product or premises liability lawsuits. Premises liability lawsuits are filed against property owner who allow asbestos exposure on their property. Product liability lawsuits are filed against asbestos manufacturers distributors, retailers or manufacturers who have knowingly sold asbestos-related products to individuals.
An experienced mesothelioma lawyer will explain the laws that apply to your situation and assist in determining which type of claim would be best for your particular circumstance. A lawyer who is asbestos-related is typically paid on a contingency basis, which means that they won't be paid until they are able to collect funds for their client. This is a great option for those who do not have the funds to pursue an extended legal battle in court.
Damages
A person diagnosed with an illness caused by asbestos may be entitled to compensation. In most jurisdictions victims can receive compensation damages to pay medical expenses and lost wages. In certain instances families of victims can also receive "loss-of-consonance" damages.
The amount an individual receives as compensation is contingent upon various factors, such as their age, the severity of their condition, their prognosis, their life expectancy, and the amount of pain and discomfort they have endured due to their exposure. In certain cases, victims were awarded substantial settlements or jury awards. In other cases, the amount money awarded was relatively low.
Asbestos victims' lawyers often assist in ensuring that victims receive the maximum amount they are owed. They will scrutinize all documents pertaining to a victim's exposure and use of asbestos-related products, and work with their clients to obtain any medical records that are necessary for proving their asbestos-related health condition. They will also help victims and their families to discover evidence of how their exposure to asbestos-related substances affected them.
A knowledgeable mesothelioma attorney will ensure that defendants are held accountable for their part in exposing victims to asbestos. This can include seeking lawsuits against distributors, manufacturers and even employers. We have assisted clients in holding companies accountable across the United States and in locations like copyright and the Middle East, where many asbestos victims were exposed to harmful asbestos-based products.
Depending on the circumstances the victim or their family members may also be able to start a class action lawsuit. These lawsuits permit one plaintiff to represent a group of people with similar exposures and injuries, which can increase the amount of compensation available for each individual.
Contact an attorney as soon as you can if been diagnosed with asbestos-related disease such as mesothelioma. Asbestos lawsuits can be complicated and victims are typically awarded a substantial amount of money. Attorneys can assist the families of victims in understanding the statute of limitation and other requirements associated with these claims.