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Asbestos Lawsuits Asbestos lawsuits seek to compensate victims of asbestos-related illnesses. These lawsuits usually involve companies that mined, manufactured, or sold asbestos-containing materials. Asbestos-related victims can file a claim to recover damages, including medical expenses, lost wages and other losses. The victims and their families can file claims against a variety of responsible parties. In rare instances, the lawsuits could be challenged in court. Asbestos Litigation Asbestis causes a variety of health issues for people who suffer from lung cancer, mesothelioma and other diseases. Temecula asbestos lawsuit sue companies who exposed them for compensation. This is called asbestos litigation. Asbestos claims are filed under the category of personal injury law. This means that these cases are filed as individual lawsuits instead of in group lawsuits. However, courts can join several asbestos cases against the same defendants for easier processing. A mesothelioma lawyer will gather evidence to prove that a victim has suffered from asbestos exposure. This evidence can comprise medical records and other documents along with testimony from an expert in medical science. Asbestos-related victims might also need to look over their work history, such as their employment and union records. This can be a time-consuming process, but it's essential for the success of a lawsuit against asbestos. The most important part of an asbestos lawsuit is proving that the victim was exposed to asbestos. This is the hardest step in a mesothelioma claim as it requires the review of the employment and union records as well as a discussion with co-workers. In certain situations, this may require a thorough examination of more than 40 years of worker documents. Certain kinds of workers are at a higher risk of exposure to asbestos than others. This includes asbestos miners and construction workers who work on areas with asbestos, for example schools or hospitals, as well as refineries. Other occupations which are at risk of being exposed to asbestos include machinists electricians and painters. Asbestos can become airborne and then be inhaled by workers and people nearby. Asbestos fibers can remain in the lungs for a lengthy period of time, causing serious medical complications. It is essential that anyone who suspects they may be suffering from asbestos issues seeks immediate medical care. It can take 10, 20 or even 30 years for a mesothelioma diagnosis to be established, which is why it is crucial that anyone who suspects that they have an asbestos-related disease seek medical care right away. Victims might be able to sue companies who exposed them to asbestos and may be able to seek compensation from a victim's trust fund or an insurance company that has assumed liability for the original asbestos manufacturer. Asbestos Diseases Asbestos is a naturally occurring mineral fiber with three kinds — chrysotile, amosite and anthophyllite that were mined for a long time due to their unique thermal insulating properties. Because of its strength and resistance to fire, asbestos was used in a myriad of industrial and commercial products, including ship hulls, insulation for buildings ceiling tiles, and paints for fireproofing that contain chemicals. Millions of people have been exposed to asbestos throughout the course of their lives. Exposure to asbestos can cause several diseases that affect the lungs, heart, and the gastrointestinal tract. Mesothelioma and lung cancer are the most common and deadly asbestos-related ailments. People who have been exposed to asbestos for extended periods of time are at the most risk of developing these diseases. Asbestos may also cause non-cancerous lung diseases like asbestosis, pleural thickening, or plaque. These conditions result from scarring of the lungs by asbestos fibers, which interferes with the ability of the lungs to supply oxygen to the bloodstream. Plaque thickening or pleural thickening can be an indication of a greater risk for asbestos-related lung diseases, such as asbestosis or mesothelioma. Mesothelioma, a rare form of cancer is a disease that affects the lung linings and the lower digestive tract. It is usually linked to asbestos exposure and is usually fatal at the time it is discovered. Mesothelioma often develops decades after initial exposure and may not be symptomatic until the late stages of the disease. In the U.S., 3,000 people are diagnosed with mesothelioma every year. People suffering from this devastating disease are likely to have been exposed to asbestos for many years in the workplace mostly in the military or construction industry. Even the family members of asbestos workers who didn't work directly with it have been affected. A person diagnosed with mesothelioma, or someone in the family with the disease can sue asbestos-related companies. State laws, also known as statutes of limitations typically allow victims or their families to sue within a specified period of time following their diagnosis or discovery of mesothelioma. Statute of Limitations The statute of limitations, also known as the time limit, for asbestos lawsuits, is set by state law and can vary widely. The statute of limitations clock usually starts to run when a victim discovers or should have learned that their illness was caused by asbestos exposure. Asbestos cases are unique because the time between exposure and diagnosis may be long between exposure to asbestos and the first diagnosis. Due to the delayed nature of symptoms, patients may need to undergo numerous medical tests and procedures to establish that an asbestos-related illness was the cause of their current health issue. A victim's health issue may be exacerbated by other medical conditions or life circumstances. Legal advice from an experienced attorney is crucial in determining the timeframe of an asbestos-related accident. Mesothelioma is a type of cancer that affects mesothelium – the tissue that surrounds your main internal organs. It is most prevalent in the lungs, but can also affect testicles as well as the abdomen. If you or someone you know was exposed to asbestos in the workplace and was diagnosed with mesothelioma, you may be eligible for financial compensation from companies who mined asbestos, made asbestos-containing products or employed asbestos-containing products. A successful mesothelioma verdict or settlement can help victims get back lost wages and medical expenses and travel costs, as well as home care and funeral or burial expenses for family members who have passed away. Asbestos victims and their families can also seek compensation for pain and suffering and loss of consortium mental distress and emotional anxiety. State laws establish the statute of limitations and it can differ based on what type of asbestos claim being made and the details of the case. The statute of limitations for personal injury asbestos cases usually begins at the time of diagnosis. However, for wrongful death claims, it is set by the date the deceased family member has passed away. Consult an experienced mesothelioma attorney as soon as you can to find out the statutes of limitation in the state. You will lose your right if you do not file your lawsuit by the time frame specified by law. Compensation Most asbestos lawsuits are settled outside of court. A lawyer with experience can negotiate a compensation package on your behalf. You could be entitled to money for lost wages, medical bills and other expenses resulting from the exposure to asbestos. You could also receive compensation for suffering and pain. In some cases you may be awarded punitive damage in addition to compensatory damages. These are damages awarded at the judge's or jury's discretion as punishment for conduct that goes above and beyond simple negligence. Many mesothelioma sufferers as well as those with other asbestos-related diseases do not have enough money to cover expenses. These settlements can help victims and their families receive the medical treatment they require. You must be able to present solid evidence of asbestos exposure prior to making a claim. Your asbestos lawyer can collect documents, interview witnesses and examine your work history to record your asbestos exposure. An experienced attorney can determine the source of your exposure by using databases that provide information on thousands of workplaces and asbestos-containing products. Defendants in an asbestos claim can be held liable under one or more legal theories, including negligence, strict liability or breach of warranty. In negligence cases, the plaintiff must prove that the defendant knew or ought to have known of the asbestos exposure risk and failed to take appropriate action to protect the victim. In strict liability cases the defendant doesn't need to prove negligence. In cases of breach of warranty the plaintiff must prove that the defendant breached their legal duty of care when they sold a product that was not suitable for the intended use. A mesothelioma lawyer can help you to file a lawsuit against companies responsible for your asbestos exposure. A lot of times asbestos exposure is the responsibility of several 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.