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Asbestos Lawsuits Asbestos lawsuits seek compensation for asbestos-related diseases. These lawsuits usually involve companies who made, mined or sold asbestos-containing products. Asbestos-related victims can file a claim to recover damages like medical expenses, lost wages and other losses. The victims and their family members could file claims against a variety of responsible parties. In rare cases, cases can be challenged in court. Asbestos Litigation Many workers who work with asbestos suffer from a variety of health issues, such as mesothelioma, lung cancer and other diseases. These victims often sue the companies who exposed them to seek compensation. This is known as asbestos litigation. Asbestos claims are filed under the category of personal injury law. The cases are filed as individual, rather than as part of a group lawsuit. Nevertheless, courts sometimes join several asbestos cases involving the same defendants for faster processing. A mesothelioma lawyer can gather evidence to prove that a person has suffered from asbestos exposure. This evidence will comprise medical records and other documents, along with testimony from medical experts. Asbestos victims also may need to review their work history, including the union and employment records. This could be a long process, but is necessary for the success of any asbestos lawsuit. The most important part of an asbestos lawsuit is proving that the victim was exposed to asbestos. This is the most difficult step in a mesothelioma lawsuit since it requires a thorough review of the union and employment records and speaking with coworkers. In some cases, this can include examining more than 40 years of worker records. Certain kinds of workers are at greater risk of exposure to asbestos over others. This includes miners who mine asbestos as well as construction workers who work on sites that contain asbestos, such as schools, hospitals or refineries. Painters, machinists and electricians are also at risk of exposure to asbestos. Asbestos particles can be airborne and be inhaled both by the workers and those around. Asbestos fibers can remain in the lungs for a long period of time, leading to serious medical complications. It is important to ensure that anyone who suspects they may be suffering from asbestos issues seeks immediate medical attention. It could take 10, 20 or even 30 years for a diagnosis of mesothelioma to be established, which is why it is essential that anyone who suspects they are suffering from an asbestos-related illness seek medical attention as soon as possible. Victims can sue companies who exposed them, or they can be compensated by an insurance company or victim's trust, which assumed responsibility for the asbestos manufacturer who originally posed the risk. Asbestos Diseases Asbestos is a natural mineral fiber that has three kinds- chrysotile, amosite and anthophyllite — that were extracted for centuries due to their unique thermal insulating properties. Because of its durability and resistance to fire, asbestos was used in a variety of commercial and industrial products, including ship hulls, insulation for buildings, ceiling tiles and paints for fireproofing that contain chemicals. It is estimated that millions of people were exposed to asbestos during the course of their lives. Exposure to asbestos can cause various diseases that affect the lungs, heart, and gastrointestinal tract. Lung cancer and Mesothelioma the two most fatal asbestos-related illnesses, are the most frequent. People who have been exposed to asbestos for prolonged periods of time are at greatest risk of developing these health issues. Asbestos exposure can also cause non-cancerous lung diseases like asbestosis and pleural plaque or thickening. These conditions are caused by 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 chance of developing asbestos-related lung disease like asbestosis or mesothelioma. Mesothelioma is a rare type of cancer, affects the linings of the lungs and the lower digestive tract. It is usually caused by asbestos exposure and is usually fatal when diagnosed. Mesothelioma can develop decades after exposure to asbestos, and symptoms may not appear until later in the progression of the disease. Each year, 3,000 Americans are diagnosed with mesothelioma. The people suffering from this devastating condition were likely exposed to asbestos for a number of years at work, most commonly in the construction or military industry. Even relatives of workers who did not directly deal with asbestos have been affected. A person diagnosed with mesothelioma, or a family member with the disease can sue asbestos-related companies. State laws, also known as statutes or limitations, allow victims and their family members to sue a company within a specified time after being diagnosed with mesothelioma, or being notified of it. Statute of Limitations State laws can set a wide range of time limits for asbestos lawsuits. The clock for the statute of limitations generally starts to run on the date a victim learned or should have learned that their illness was caused by exposure to asbestos. Asbestos cases may be distinct due to the long interval between exposure and diagnosis. Due to the delayed nature of symptoms, a patient might need to undergo multiple medical tests and procedures to definitively establish that an asbestos-related illness was the root cause of their current health issue. Furthermore, the health problems could be exacerbated by other health problems or life events which could be the reason for their injuries. Legal assistance from an expert is crucial to establish the timeline of an asbestos-related injury. The mesothelium is the layer of tissue that covers all of your major organs. It is most often found in the lungs, but can also affect the testicles, the heart and abdomen. If you or someone you love was exposed to asbestos at work and then developed mesothelioma, you could be entitled to financial compensation from companies that mined asbestos, produced asbestos-containing products, or used them in your workplace. A mesothelioma verdict or settlement could allow victims to recuperate lost wages, medical expenses such as travel and home care costs funeral or burial costs of relatives who have died, and funeral or burial expenses. Asbestos patients and their families may also seek damages for mental distress, emotional anguish, pain and suffering and loss of consortium. State laws establish the time limit for a claim, which can vary depending on what kind of asbestos claim is being filed and the specifics of the case. The time limit for filing a claim in personal injury asbestos cases usually is set at the time of diagnosis. In the case of claims involving wrongful death, it is set at the time that the family member who died passed away. died. Contact a seasoned mesothelioma attorney immediately to learn about the state's statutes of limitations. You will lose your right if you do not file your lawsuit by the statutory deadline. Compensation In most cases, an asbestos lawsuit settles out of court. A competent lawyer can negotiate a compensation plan on your behalf. You may be entitled to money for medical bills, lost wages and other expenses associated with your 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 made by a judge or jury at their discretion to penalize a defendant 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 expenses on their own. These settlements help victims and their family members get the medical care they require. If you are filing an asbestos lawsuit, you must have proof of exposure to asbestos. An asbestos lawyer can gather documents, interview witnesses and review your work history to document your exposure to asbestos. A knowledgeable attorney can use databases to determine the source of exposure, which contain information on thousands of asbestos-containing products and job websites. In asbestos cases defendants may be held accountable under a variety of legal theories which include negligence or strict liability, as well as breaching warranty. In negligence cases, the plaintiff must demonstrate that the defendant knew about or should have known about the asbestos exposure risk but did not take the necessary precautions to protect the victim. The strict liability case does not require evidence that the defendant was negligent. In breach of warranty cases the plaintiff must demonstrate that the defendant violated their legal duty of care when they sold a product that was not suitable for its intended use. Oceanside asbestos attorney can help you bring a lawsuit against the companies responsible for your asbestos exposure. A lot of times asbestos exposure is the responsibility of a number 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.