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Asbestos Lawsuits Asbestos suits must prove that the person was exposed, that exposure resulted in mesothelioma or other asbestos-related diseases, and that financial losses were caused by the disease. Mesothelioma compensation usually comes from companies that manufactured and sold asbestos-containing products. Although asbestos litigation may sound intimidating, your lawyer will handle all aspects of the case. It is important to give details regarding your job and medical history. The History of Asbestos Litigation Over the years asbestos lawsuits have led to millions of dollars in settlements. The most recent settlements were made for cases involving mesothelioma, asbestosis, and various other diseases linked to exposure to the mineral that causes cancer. The vast majority of these cases were filed in the state of Illinois. The asbestos litigation was caused by companies that mined, produced and sold asbestos products for use in construction projects as well as other industries. Many of these companies knew asbestos was hazardous, but they concealed this information from their workers. They also hid medical records regarding asbestos-related health issues, like mesothelioma and cancer. Many victims were not adequately compensated for their losses. In the process, a number of asbestos producers and employers have declared bankruptcy. Trusts for asbestos bankruptcy have been set up to help asbestos victims receive compensation. But, there are many bankrupt businesses that may be sued for asbestos-related injuries. Class action lawsuits are often the most effective way of filing asbestos claims. These suits allow large groups of people diagnosed with mesothelioma and claim that asbestos companies who are negligent are liable. A court must first determine whether there are enough commonalities to form a group and that individual lawsuits for each person would be too costly or burdensome. Asbestos patients who have been diagnosed with mesothelioma and other asbestos-related illnesses must prove their illness was caused by exposure to asbestos. It can be difficult to prove that asbestos exposure caused the illness, since it can take a long time between the first exposure and the onset of symptoms. In this time, asbestos company executives hid truth from workers and public by destroying records and hiding proof. Asbestos victims require compensation for their losses, including mesothelioma and additional expenses related to the disease, such as lost wages, travel costs and care for family members. Additionally, many of them suffer from severe emotional and physical trauma as a result of mesothelioma. To be able to claim the compensation they are entitled to asbestos patients must engage a mesothelioma attorney firm that has an established successful track record. Statute of Limitations Asbestos-related diseases have a lengthy latency period which is what makes them different from other personal injury cases. The statute of limitations or the time frame for filing a lawsuit, depends on a number of factors including state laws and the location of exposure, and the time when symptoms begin to manifest. A specialist attorney will understand each state's laws and help ensure that victims file their lawsuits or trust fund claims within the correct timeframe. The traditional personal injury statute requires that the victim know or should have known about their exposure when they are diagnosed with a disease. Mesothelioma and other asbestos-related diseases, are not diagnosed for many years after exposure. The statute of limitations clock doesn't begin when a person is exposed for the first time. The clock begins when symptoms are first noticed. This is a thorny rule and why it is crucial for victims to seek the assistance of a specialist asbestos lawyer as soon as they can. A lawyer specializing in this field will understand the laws of each state and examine a case at no cost. They can also prepare all required documentation, inform the defendants, build an evidence-based case and either negotiate or argue for a verdict. In addition, a skilled mesothelioma lawyer can assist families in filing wrongful-death lawsuits following their loved ones' deaths from asbestos-related diseases. This type of lawsuit is filed by a deceased family member, such as a spouse or parent, child or sibling. The majority of wrongful death lawsuits have shorter statutes of limitations than personal injury suits. Filing claims within the timeframe of limitations is crucial to protect your rights and ensure that you receive the maximum compensation. An experienced asbestos attorney can assist you in determining whether you have an appropriate legal claim, how to best pursue it, and also suggest other sources of compensation, such as trust fund or veterans benefits claims. Liability You may be eligible for compensation if you or someone you know has been diagnosed with mesothelioma or a related illness. Asbestos lawsuits or claims hold the suppliers, distributors, and manufacturers of asbestos liable for the harm caused by this dangerous carcinogen. Most often, people are exposed to asbestos for a long time before their symptoms appear like lung cancer or mesothelioma, which is a rare type of cancer that affects the lining of the chest cavity and abdomen. The makers of asbestos-containing products kept the health hazards hidden with these substances and did not warn their employees or the general public about these risks. In the end, these companies could be held liable for asbestos exposure under strict liability laws or product liability laws. They could also be held accountable under implied warranties of product safety, which are included with the sale of any specific product. They guarantee the product's safety and intended use. While many of the asbestos-related companies that produced asbestos-containing products have gone bankrupt, the law requires that large trust funds be set up to pay current and future asbestos claimants. Trusts have been drained and must be rationed payments. However, some trusts are still large enough to compensate mesothelioma patients who have received substantial jury awards or settlements. Asbestos cases are filed as either product liability or premises lawsuits. Premises liability lawsuits are filed against property owners who permit an individual to be exposed to asbestos on their property. Product liability lawsuits are filed against asbestos producers, distributors or retailers who sold asbestos-containing products that pose danger to the consumer. A mesothelioma lawyer who is experienced can explain the laws that apply to your case and assist you in determining which type of claim is appropriate for your particular circumstance. In general, asbestos lawyers is compensated through the contingency fee arrangement which means that the lawyer will not receive a payment unless and until they collect funds for the client. This is a good arrangement for those who don't have the financial resources necessary to wage a lengthy legal fight. Damages Anyone who is diagnosed with a condition caused by asbestos may be entitled to compensation. In most jurisdictions victims may be awarded compensation to cover medical expenses and lost wages. In certain instances the family members of the victim can also receive “loss-of-consonance” damages. The dollar amount a person receives as compensation depends on various factors, including their age, the severity of their illness, their prognosis, their life expectancy and how much pain and discomfort they have suffered due to the exposure. In some cases, victims received large settlements or jury awards. However, in other instances, the amount of compensation awarded was very low. Asbestos lawyers can aid victims receive the maximum amount of amount of compensation they're entitled to. They will look over any documents relating to the victim's exposure to asbestos and the exposure to asbestos-related products, and assist them to obtain any required medical records to prove their asbestos-related health condition. They will also help victims and their families discover evidence of how their exposure to asbestos-related products impacted them. A mesothelioma lawyer will make sure that defendants are held responsible for their part in exposed asbestos victims. This could include filing lawsuits against distributors, manufacturers and even employers. We have assisted our clients to hold accountable companies in the United States, Canada and the Middle East where asbestos products were used to expose many victims. Depending on Albuquerque asbestos attorney or their family members may also be able to make a class action suit. The lawsuits allow one person to represent a group of people who have similar exposures and injuries, which can increase the amount of compensation available to each person. Contact an attorney as quickly as you can if you've been diagnosed with asbestos-related disease such as mesothelioma. Asbestos lawsuits are complicated and often victims are awarded a substantial amount of money. Lawyers can assist victims and their families understand the statute of limitations and other regulations applicable to these claims.