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Asbestos Lawsuits Asbestos lawsuits seek compensation for asbestos-related diseases. A large portion of these cases involve companies that mined, manufactured or sold asbestos-containing products. Asbestos-related victims may file a claim to recover damages such as medical expenses, lost wages and other losses. The victims and their families may file claims against multiple accountable parties. In Baton Rouge asbestos attorneys , the cases may be contested in court. Asbestos Litigation Many people who work with asbestos suffer from a variety of diseases, including mesothelioma, lung cancer, and other illnesses. These victims sue the companies who exposed asbestos to them to recover compensation. This is called asbestos litigation. Asbestos claims are filed under the personal injury law category. These cases are filed individually and not as part of a collective lawsuit. Courts will sometimes combine several asbestos cases filed against the same defendants in order to make processing easier. A mesothelioma attorney will gather evidence that proves a victim was exposed to asbestos. This evidence can include medical records and other documents, and testimony from medical experts. Asbestos sufferers may also have to examine their work history, including their employment and union records. This can be a lengthy procedure, but it's necessary to ensure the success of any asbestos lawsuit. Proving that the victim was asbestos-exposed is crucial to an asbestos lawsuit. This is the most difficult step in a mesothelioma claim since it requires a thorough review of employment and union records and also talking to coworkers. In some cases it is possible to review more than 40 years of records of workers. Certain types of workers are at a higher risk of exposure to asbestos over others. This includes asbestos miners as well as construction workers who work on areas with asbestos, for example schools or hospitals, or refineries. Other professions which are at risk of exposure to asbestos include machinists electricians and painters. When asbestos becomes airborne it can be inhaled by employees as well as other people who are in close proximity. Asbestos particles can remain in the lungs for an extended period of time, causing serious medical complications. It is crucial to ensure that anyone who suspects they might be suffering from asbestos seeks immediate medical attention. Mesothelioma may take up to 30 years to detect, so anyone who suspects that they have asbestos-related cancer should seek medical attention immediately. Victims could be able to sue companies that exposed them to asbestos and may be able to seek compensation from a trust fund or an insurance company that has assumed the responsibility for the asbestos manufacturer who originally posed the risk. Asbestos Diseases Asbestos, which is a naturally occurring mineral fiber that is found in three varieties- amosite, chrysotile and anthophyllite, has been mined for a long time due to its unique thermal insulation properties. Because of its strength and resistance to fire, asbestos was used in a variety of commercial and industrial products, including building insulation, ship hulls ceiling tiles, and chemical fireproofing paints. Millions of people have been exposed to asbestos over the course of their lifetime. Asbestos exposure can trigger many illnesses that affect the lungs and digestive tract. Mesothelioma and lung cancer are the most prevalent and fatal asbestos-related illnesses. People who have been exposed to asbestos for extended periods of time are at greatest risk of developing these health issues. Asbestos can cause non-cancerous lung disorders like asbestosis, pleural thickening or plaque. These conditions are caused by scarring in the lungs caused by asbestos fibers. They interfere with the lung's ability to efficiently transport oxygen into the bloodstream. Pleural plaque or thickening is usually a sign that someone is at a higher risk for more serious asbestos-related lung diseases like mesothelioma or asbestos-related cancer. Mesothelioma is a rare type of cancer that affects the lung's lining (pleura) and the the abdominal cavity and the lower digestive tract (peritoneum). It is almost exclusively caused by asbestos exposure, and can be fatal if diagnosed. Mesothelioma often develops decades after initial exposure. It may not be symptomatic until the end of the disease. Each year, 3,000 Americans are diagnosed mesothelioma. Those who have this deadly disease were likely exposed to asbestos during many years of working, usually in the military or construction industries. Even relatives of workers who did not directly deal with asbestos have been afflicted. Anyone who has been diagnosed with mesothelioma, or who has a loved one who suffers from mesothelioma can file an asbestos lawsuit against the companies responsible for their exposure. State laws, also known as statutes or limitations, allow victims and their families to sue a business within a specified time after being diagnosed with mesothelioma, or being notified of it. Statute of limitations The statute of limitations, or time limit for asbestos lawsuits, is set by the law of the state and may differ significantly. The clock for the statute of limitations generally starts running at the time a victim realized or should have realized that their condition was caused by asbestos exposure. Asbestos cases can be unique due to the lengthy latency period between exposure and diagnosis. Due to the delayed nature of symptoms, a patient might need to undergo numerous medical tests and procedures to definitively establish that an asbestos-related illness was the cause of their current condition. In addition, a patient's health issues might be complicated due to other health issues or life circumstances which could be the root cause of their injuries. This is why expert legal assistance is crucial for establishing the timeline of an individual's asbestos-related injury. The mesothelium, or the lining of your body, is the tissue that covers your major organs. It is most often found in the lungs, but it can also affect the testicles, the heart and abdomen. If you or a loved one was exposed to asbestos and then developed mesothelioma, you may be eligible for financial compensation from the companies who mined, manufactured or used asbestos-containing products at your workplace. A successful mesothelioma settlement or a verdict can help victims get back lost wages, medical expenses, travel costs, home care and funeral or burial expenses for relatives who have passed away. Asbestos patients and their families may also seek damages for mental distress, emotional anguish, pain and suffering and loss of consortium. Statutes of limitations are set by state law, and can vary depending on the nature of the asbestos claim and the specifics of the case. The time limit for filing a claim in asbestos cases involving personal injury usually starts when the diagnosis is made. However, for claims involving wrongful death, it is determined by the date that the family member who died passed away. in death. Contact a seasoned mesothelioma attorney as soon as you can to find out the state's statutes of limitations. You will lose your right if you don't 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 may be entitled to compensation for medical expenses as well as lost wages and other expenses related to asbestos exposure. You can also receive damages for pain and suffering. In some cases you may be awarded punitive damage 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 patients suffering from mesothelioma and other asbestos-related illnesses don't have the funds to pay for these expenses on their own. These settlements can help victims and their families get the medical care they need. You must provide solid evidence of exposure to asbestos when filing a lawsuit. An asbestos lawyer can gather documents, speak with witnesses, and look over your work history to record 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 products and job websites. The defendants in an asbestos lawsuit could be held accountable under one or more legal theories, including negligence, strict liability or breach of warranty. In negligence cases, a plaintiff must establish 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 have to be found negligent. In the case of breach of warranty, the plaintiff must demonstrate that the defendant violated the lawful obligation of care by selling an item that was not safe for its intended use. A knowledgeable mesothelioma lawyer will assist you in filing an asbestos lawsuit against any companies responsible for your exposure to asbestos. Often, several different companies are responsible for an individual's asbestos exposure. 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.