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Asbestos Lawsuits Asbestos lawsuits must show that an individual was exposed to asbestos, that exposure resulted in mesothelioma or another asbestos-related illness and that the illness has resulted in financial losses. Mesothelioma compensation usually comes from companies that manufactured and sold asbestos-containing products. Your lawyer will take care of all aspects of the case, even the asbestos litigation process can be a bit intimidating. Livermore asbestos attorney should be prepared to give details about your work and medical history. The History of Asbestos Litigation Over the years, asbestos lawsuits have brought millions of dollars in settlements. Recent settlements have been made in cases involving mesothelioma, asbestosis, as well as other diseases linked to exposure to this harmful mineral. The vast majority were filed in Illinois. Companies that mined, produced and supplied asbestos products for use in construction projects and other industrial sectors were responsible for the asbestos litigation. Many of these companies knew asbestos was dangerous but concealed the dangers to their employees. They also hid medical reports concerning asbestos-related health issues like mesothelioma and cancer. Many victims were not properly compensated for their losses. As a result, many asbestos-related employers and producers have declared bankruptcy. Asbestos bankruptcy funds have been created to assist asbestos victims in receiving compensation. There are still bankruptcy companies who may be sued for asbestos-related harms. Class action lawsuits are often the most effective way of filing asbestos claims. These kinds of suits permit large groups of people diagnosed with mesothelioma and make asbestos companies accountable for their negligence. A court first needs to determine if there are enough similarities to form a group and that individual lawsuits for each victim would be costly or burdensome. Asbestos patients who have been diagnosed as having mesothelioma or any other asbestos-related illnesses must prove that their illness was caused due to exposure to asbestos. This can be difficult since a time period of years can pass between initial exposure and the development of symptoms. In the time of asbestos, company executives hid information from employees and the public by destroying records and hiding proof. Asbestos-related illnesses, such as mesothelioma can trigger additional costs, such as lost wages, travel expenses and family care. In addition, many victims suffer from severe physical and emotional trauma as a result of mesothelioma. To receive the compensation they deserve, asbestos patients require a mesothelioma lawyer with a proven track record of success. Statute of limitations Asbestos-related diseases have a lengthy latency time that makes them distinct from other personal injury cases. The statute of limitations, or deadline for filing an action, is determined by many factors, including state law as well as the location of exposure and the moment when symptoms first start to appear. An experienced attorney will be aware of the laws of each state and ensure that victims file their lawsuits or trust fund claims within the proper timeframe. The traditional personal injury statute requires that the victim be aware or should have known about their exposure when they are diagnosed with a health condition. However, mesothelioma and other asbestos-related diseases are typically not diagnosed until many years after the initial exposure. Because of this, the statute of limitations “clock” doesn't start when a person is the first exposed to asbestos. The clock starts when their symptoms are recognized. It is essential that victims seek assistance from an asbestos lawyer as soon as is possible. A lawyer who is specialized in this area will know the laws of each state and can examine a case at no cost. They can also prepare the required documentation, notify defendants, create a convincing evidence-based case, and settle a case or argue for a jury award. A mesothelioma lawyer can assist families in filing claims for wrongful deaths in the event of loved ones die from asbestos-related illnesses. This type of lawsuit is filed by a survivor family member like spouse, parent, child, or siblings. The time limit for wrongful death lawsuits is usually shorter than that for personal injury lawsuits. It is important to file claims before the statute of limitation expires in order to protect your rights and receive maximum compensation. An asbestos attorney with experience can assist you in determining whether you are entitled to a claim, and how to pursue it, and suggest other compensation sources such as veterans' benefits or trust funds. Liability You could be entitled to compensation if or someone you know has been diagnosed with mesothelioma or a related illness. Asbestos lawsuits or claims make suppliers, distributors, and manufacturers of asbestos liable for the damage caused by this deadly carcinogen. Most often, people are exposed to asbestos for years before they begin to show signs like lung cancer or mesothelioma, which is a rare type of cancer that affects the lining of the chest cavity and abdomen. The manufacturers of asbestos-containing products kept the health hazards hidden with these substances and failed to inform their employees or the general public about these risks. These companies may be held responsible for exposure to asbestos when strict liability laws or the law of product liability apply. They can also be held responsible under implied warranties of product safety, which are included with the sale of any specific product. They guarantee the product's safety for its intended use. While a lot of asbestos-related companies that produced asbestos-containing products have gone under the law requires large trust funds be set up to pay current and future asbestos claimants. Many of these trusts are depleted and have to ration payouts, however some remain large enough to offer large settlements or jury awards to mesothelioma victims. Asbestos cases are filed either premises or product liability lawsuits. Premises liability lawsuits are filed against property owners who permit an individual to be exposed to asbestos on their property. Product liability suits are filed against asbestos producers, distributors, or retailers who sold dangerous asbestos products. An experienced mesothelioma lawyer will explain the laws that apply to your particular case and assist in determining which type of claim would be best for your particular situation. In the majority of cases, asbestos lawyers will be paid through an agreement for contingency fees which means that the lawyer will not receive a payment until they have recovered funds for the client. This is a great alternative for those who don't have the funds to pursue an extended legal fight in court. Damages Someone who has been suffering from an illness caused by asbestos may be entitled to compensation. In most jurisdictions, victims can receive compensatory damages which will cover costs like medical treatment and lost wages. In certain cases families of victims can also receive “loss-of-consonance” damages. The dollar amount a person receives as compensation is contingent upon several variables, including their age, the severity of their condition and their prognosis, life expectancy and how much pain and discomfort they have suffered due to their exposure. In some cases, victims have received large settlements and jury awards, but in other instances, the amount of money the victim is awarded is rather small. Asbestos lawyers can help victims get the maximum 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 work with them to collect any necessary medical records to prove their asbestos-related condition. They will also assist victims and their families find evidence of how their exposure to asbestos-related products impacted them. A mesothelioma lawyer will ensure that defendants are held responsible for their part in the exposure of asbestos victims. This could mean pursuing lawsuits against manufacturers, distributors, and even employers. We have helped our clients to hold accountable companies in the United States, Canada and the Middle East where asbestos products were used to expose a lot of victims. Depending on the circumstances the victim or their family may also be eligible to make a class action suit. The lawsuits allow one person to represent a group of people with similar exposures and injuries, which can increase the amount of compensation available to each person. Contact an attorney as soon as possible if you have been diagnosed with asbestos-related disease such a mesothelioma. Asbestos lawsuits are complicated and often victims are awarded a substantial amount of money. Attorneys can help the victims and their families to understand the statute of limitations and other rules that apply to these claims.