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Asbestos Lawsuits Asbestos lawsuits are filed to recover asbestos-related diseases. A large portion of these cases involve companies who mined, manufactured or sold asbestos-containing products. Asbestos victims file claims to recover damages for medical expenses or lost wages, among other losses. The victims and their family members may file claims against several responsible parties. In rare cases, the cases may be contested in the court. Asbestos Litigation Asbestos causes a variety of health problems in people, including mesothelioma, lung cancer and other illnesses. These victims sue the companies who exposed asbestos in order to receive compensation. This is known as asbestos litigation. Asbestos claims are filed under the personal injury law category. Newport News asbestos attorney means that these claims are filed as individual lawsuits rather than in group lawsuits. Courts will sometimes combine several asbestos cases against the same defendants to facilitate the process. A mesothelioma lawyer will gather evidence to prove that a victim was exposed to asbestos. The evidence could include medical records and other documents as well as testimony from medical experts. Asbestos-related victims might also need to examine their previous work history, such as the union or employment records. This could be a long process, but it is essential to ensure the success of any asbestos lawsuit. The proof that the victim was asbestos-exposed is essential to a successful asbestos lawsuit. This is the most difficult step in a claim for mesothelioma since it requires a thorough review of the records of employment and unions as well as a discussion with coworkers. In certain cases, this could include examining more than 40 years of records. Certain kinds of workers are at a higher risk of asbestos exposure than other types of workers. This includes miners who mine asbestos, and construction workers who work on sites that contain asbestos, like schools, hospitals or refineries. Electricians, machinists, and painters are also at risk of exposure to asbestos. Asbestos may become airborne and then be inhaled by people working in the vicinity and by those who are nearby. Asbestos particles can remain in lungs for long periods of time and can cause serious medical problems. This is why it's vital to anyone who believes they might be suffering from asbestos to seek medical attention right away. It could take 10, 20 or even 30 years for a mesothelioma diagnosis to be made, so it is vital for anyone who suspects they are suffering from an asbestos-related illness seek medical attention as soon as possible. Victims can pursue companies that exposed asbestos, or be compensated by an insurance company or victim's trust that took on the responsibility of the original asbestos manufacturer. Asbestos Diseases Asbestos, a naturally occurring mineral fiber that comes in three formsamosite, chlorosotile and anthophyllite – – has been mined for a long time because of its unique thermal insulation properties. Due to its strength and resistance against fire, asbestos is 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 throughout the course of their lives. Exposure to asbestos can cause several diseases that affect the lungs, heart, and the gastrointestinal tract. Lung cancer and mesothelioma are the most prevalent and deadly asbestos-related ailments. These health issues are most likely to affect those who have been exposed for a long time to asbestos. Asbestos may also cause non-cancerous lung diseases such as asbestosis, pleural thickening or plaque. These conditions result from scarring in the lungs caused by asbestos fibers and affect the lung's capacity to effectively transport 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 and mesothelioma. Mesothelioma is a rare cancer that affects the lung's lining (pleura) and the lining of the abdominal cavity as well as the lower digestive tract (peritoneum). It is most often caused by asbestos exposure, and can be fatal if diagnosed. Mesothelioma can develop years after exposure and symptoms may not appear until later in the course of the disease. Each year, 3,000 Americans are diagnosed mesothelioma. The people who suffer from this deadly condition were probably exposed to asbestos during many years of working mostly in the military or construction industries. Even relatives of workers who didn't directly deal with asbestos have been affected. Anyone who has been diagnosed with mesothelioma or has a loved one suffering from mesothelioma, can sue for asbestos damages against companies responsible for their exposure. State laws known as statutes of limitations generally allow victims and their families to sue within a specified time frame following their diagnosis or the discovery of mesothelioma. Statute of limitations The statute of limitations, also known as the time limit, for asbestos lawsuits is determined by law of the state and can differ widely. The statute of limitations clock generally starts to run on the time that a victim discovered or should have known that their illness was caused by asbestos exposure. Asbestos cases can be unique due to the long latency period between exposure and diagnosis. A patient might require multiple medical tests to prove that asbestos-related illnesses are the cause of the current condition. A victim's health issue may be exacerbated by other medical conditions or life circumstances. For these reasons, professional legal assistance is essential for establishing the timeline of an individual's asbestos-related injury. Mesothelioma can be described as a cancer that affects mesothelium – the tissue that surrounds your main internal organs. It is most prevalent in the lungs, but can also affect testicles and the abdomen. If you or a loved one was exposed to asbestos and later developed mesothelioma in the past, you may be eligible for financial compensation from the businesses that mined, produced or used asbestos-containing materials in your workplace. A successful mesothelioma verdict or settlement can help victims recuperate 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 patients and their families may also seek damages for mental distress, emotional anguish, pain and suffering and loss of consortium. The statute of limitations is governed by law of the state, and can differ based on the type of asbestos claim and the specifics of the case. For example the statute of limitation for asbestos claims for personal injury usually runs from the time of a person's diagnosis, but for cases of wrongful death it is usually established on the date of a family member's passing. The best method to determine the statute of limitations in your state is to consult with an experienced mesothelioma lawyer, as soon as possible. You will lose your right if you don't file your lawsuit by the statutory deadline. Compensation Most asbestos lawsuits are settled outside of court. An experienced attorney can negotiate compensation on your behalf. You may be entitled to money for medical bills, lost wages and other costs resulting from the exposure to asbestos. You could also receive compensation for suffering and pain. In certain cases you could be awarded punitive damages in addition to compensatory damages. These are the damages awarded at the discretion of the judge or jury to punish actions that go above and beyond the scope of simple negligence. Many victims of mesothelioma and other asbestos-related illnesses do not have the funds to pay for these costs on their own. Settlements are designed to help patients and their family members get the medical treatment they need. If you are filing an asbestos lawsuit, you must present proof of exposure to asbestos. Your asbestos lawyer will be able to collect documents, speak with witnesses, and study your work history in order to document your asbestos exposure. A knowledgeable attorney can determine the cause of your exposure by using databases that provide details on a variety of job sites and asbestos-containing products. In an asbestos case, defendants can be held responsible under a variety of legal theories, including negligence or strict liability. They can also be held accountable for breaching a warranty. In negligence cases, a plaintiff must establish that the defendant knew or should have known of the asbestos exposure risk and failed to take appropriate action to protect the victim. The strict liability case does not require proof that the defendant was negligent. In a breach of warranty case, the plaintiff must demonstrate that the defendant breached the lawful obligation of care by selling an item that was not safe for its intended purpose. A mesothelioma lawyer can help you to file a lawsuit against companies responsible for your exposure to asbestos. Most of the time, 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.