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Asbestos Lawsuits Asbestos lawsuits are filed to recover asbestos-related illnesses. These lawsuits usually involve companies who mined, manufactured or sold asbestos-containing products. Asbestos victims are able to file claims for damages for medical expenses as well as lost wages and other losses. The victims and their families may file claims against several liable parties. In rare instances, claims can be challenged in the court. Asbestos Litigation Many people who work with asbestos suffer from different health issues, such as mesothelioma, lung cancer, and other diseases. They often sue companies that exposed them to asbestos for compensation. This is known as asbestos litigation. Asbestos lawsuits fall under the personal injury category of law. These cases are filed separately, rather than as part of a group lawsuit. Courts may combine multiple asbestos cases against the same defendants to make processing easier. A mesothelioma lawyer can gather evidence to prove that a person was exposed to asbestos. This evidence can comprise medical documents and other records, as well as testimony from an expert in medical science. Asbestos victims also may need to examine their work history, which includes the union and employment records. This can be a lengthy process, but is necessary to ensure the success of any asbestos lawsuit. Evidence that the person was exposed to asbestos is essential to a successful asbestos lawsuit. This is the most difficult step in a claim for mesothelioma because it requires reviewing union and employment records and also speaking with coworkers. In certain cases, it may be necessary to examine more than 40 years of records of workers. Certain types of workers are more likely to be exposed to asbestos than other types of workers. This includes miners who mine asbestos and construction workers who work on sites that contain asbestos, like refineries, hospitals, or schools. Painters, machinists and electricians are also at risk of asbestos exposure. Asbestos can become airborne and inhaled by the workers and those around. Asbestos particles can remain in the lungs for a long period of time and cause serious medical complications. It is crucial that anyone who suspects that they might be suffering from asbestos should seek immediate medical treatment. It can take 10-20 or even 30 years for a diagnosis of mesothelioma to be established, which is why it is vital that anyone who suspects they have an asbestos-related disease seek medical care right away. Victims of asbestos-related diseases can pursue companies that exposed them, or they can get compensation from an insurance company or victim's trust that took on the responsibility of the original asbestos manufacturer. Asbestos Diseases Asbestos, which is a naturally occurring mineral fiber that is found in three types -amosite, chlorosotile and anthophyllite, has been mined for centuries because of its unique thermal insulation properties. Due to its strength and resistance against fire, asbestos has been used in a variety of industrial and commercial products like building insulations, ship hulls, and ceiling tiles. It is estimated that millions of people were exposed to asbestos over the course of their lives. Exposure to asbestos can trigger various diseases that affect the lungs, heart, and the gastrointestinal tract. Mesothelioma and lung cancer are the most prevalent and fatal asbestos-related illnesses. People who have been exposed to asbestos for long periods of time are at the most risk of developing these health problems. Asbestos may also cause non-cancerous lung diseases like asbestosis, pleural thickening, or plaque. These conditions result from scarring of the lungs from asbestos fibers, which can hinder the lungs' ability to provide oxygen to the bloodstream. The appearance of plaques or thickening in the pleural cavity is usually a sign that an individual is at higher risk of having more serious asbestos-related lung issues, such as asbestos cancer or mesothelioma. Mesothelioma is a rare form of cancer is a disease that affects the linings of the lungs and the lower digestive tract. It is almost exclusively related to asbestos exposure and is usually fatal by the time it is detected. Mesothelioma can develop years after exposure and symptoms might not manifest until later in the progression of the disease. In the U.S., 3,000 people are diagnosed with mesothelioma every year. People who suffer from this debilitating disease are likely to have been exposed to asbestos for a number of years working, most commonly in the construction or military industry. Even family members of workers who did not directly deal with asbestos were affected. A person who has been diagnosed with mesothelioma, or has a loved one suffering from mesothelioma, can bring an asbestos lawsuit against the companies that caused their exposure. State laws known as statutes of limitations usually allow victims and their families to file a lawsuit within a certain period of time following their diagnosis or discovery of mesothelioma. Statute of Limitations State laws can set an array of time limits for asbestos lawsuits. The clock for the statute of limitations generally begins to run at the time that a victim discovered or should have known that their condition was caused due to asbestos exposure. Asbestos cases are often unique due to the lengthy latency period between exposure and diagnosis. A patient could require several medical tests to determine if asbestos-related illnesses are the cause of the current condition. A patient's health condition could be exacerbated by other medical conditions or circumstances. Legal assistance from an expert is crucial to establish the timeline of an asbestos-related injury. The mesothelium is the tissue that covers all of your major organs. It is most common in the lungs but can also affect testicles as well as the 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, produced asbestos-containing products, or employed asbestos-containing products. A mesothelioma judgment or settlement could help victims recover lost wage and medical expenses, travel and home care costs funeral or burial costs of family members who have passed away funeral or burial costs. Beaverton asbestos attorney and their families may also seek compensation for pain and suffering and loss of consortium mental distress and emotional stress. State laws set the time limit for a claim, which can vary depending on the kind of asbestos claim is being filed and the specifics of the case. The statute of limitations in asbestos cases involving personal injury usually begins at the time of diagnosis. However, for cases of wrongful death, the statute is determined by the date the deceased family member passed in death. Consult an experienced mesothelioma attorney as soon as you can to find out the state's statutes of limitations. You will lose your right if you do not file your lawsuit within the deadline set by law. Compensation Most asbestos lawsuits are settled outside of court. A qualified lawyer can negotiate a settlement on your behalf. You may be entitled to compensation for medical bills, lost wages and other expenses associated with the exposure to asbestos. You can also receive damages for suffering and pain. In certain cases you may be awarded punitive damages in addition to your compensatory damages. These are awards given at the judge or jury's discretion to punish an individual for actions that go beyond simple negligence. Many mesothelioma victims and those with other asbestos-related diseases don't have enough money to cover costs. These settlements can help victims and their families access the medical care they need. When filing an asbestos lawsuit, you must have solid evidence of your exposure to asbestos. Your asbestos lawyer can gather documents, speak with witnesses and review your work history to document your asbestos exposure. A knowledgeable attorney can determine the source of your exposure using databases that have details on thousands of job sites and asbestos-containing products. Defendants in asbestos claims are liable under one or more legal theories, like negligence, strict liability and breach of warranty. In negligence cases, the plaintiff has to prove the defendant knew of or ought to have been aware of the dangers of exposure to asbestos but did not take the necessary precautions to protect the victim. Strict liability cases do not require evidence that the defendant has acted negligently. In the case of breach of warranty, a plaintiff must show that the defendant violated the lawful duty of care by selling a product that was unsafe for its intended purpose. A mesothelioma lawyer can help you bring a lawsuit against the companies accountable for your exposure to asbestos. Many 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.