What is Asbestos and Asbestos Lawsuit:
Asbestos is a mineral fiber which occurs naturally, available in nature freely and was once known for its resilience. an asbestos lawsuit is filled when someone is diagnosed with an asbestos-related illness. Asbestos was used by many traders in many types of work, but in recent times when it has been discovered to be harmful to humans. When we test it scientifically under a microscope, asbestos contains fibers that can be broken down into many tiny particles.
Asbestos has been a huge menace to our society due to the cancerous effect it has on humans. Prolong exposure to asbestos can lead to lung cancer as well as mesothelioma, and asbestosis. Unfortunately, thousands of Americans suffer from these deadly diseases every year. This article is aimed at providing very useful information on the asbestos lawsuit.
After being diagnosed with asbestos cancer, the only thing that crosses one’s mind is how to take care of their health. However, if you or any of your loved ones, has been diagnosed with asbestos cancer, it is advisable that you file for asbestos lawsuit immediately.
What is Mesothelioma:
Mesothelioma cancer is the commonest asbestos cancer is almost unpreventable. Majority of the companies who deal in the production, distribution and asbestos removal knew about the dangers involved in handling the material but failed to reveal it to their employees. So, it is a well-deserved action to file for the asbestos lawsuit so as to get compensation.
Asbestos Lawsuits Attorneys:
There are qualified attorneys that specialize in handling cases connected to asbestos-related ailments and handle all asbestos lawsuits properly.
These attorneys can let you know if it is worth filing for the asbestos lawsuit and guide you on how to go about the filing process. Since there is an expiration time for filing a lawsuit, the attorney can help you out before it expires. Even better, they will assess the situation to determine the magnitude of compensation needed.
From records, most asbestos lawsuits related to mesothelioma never get to the trial level in court because they are resolved before the commencement of trials.
To have a full understanding of asbestos and its impending disease, let us look at what asbestos is made of.
Asbestos is a mineral fiber which occurs naturally. It contains fibers that can be broken down into many tiny particles. These particles are airborne and are inhaled by people that come in contact with it.
They accumulate in your lungs over time, leading to mesothelioma as well as lung cancer, or other diseases related to asbestos. The aftermath effect of the inhalation can be felt decades after.
In the 1980s and early 90s, companies used asbestos to produce a wide range of industrial products such as textured paints, roofing shingles, furnace and pipe insulation materials, millboard, floor tiles, and a host of other insulating materials. Because of lack of awareness asbestos lawsuit was not in practice.
In the late 80s, the US government banned the use of asbestos for making certain items and also called for asbestos removal in some specific locations. However, the ban was just segmented and didn’t cover all about the material.
To make matters worse, asbestos is still being mined in other countries. This has led to the inclusion of asbestos in different consumer products such as fabrics, building materials, and friction products. Coming back to Asbestos lawsuits, one needs to fill it if diagnosed with the related ailment.
Types of Asbestos Lawsuits
Filing an Asbestos lawsuit due to mesothelioma has different categories. Depending on the situation involved, below are the mesothelioma lawsuits available.
Lawsuits for personal injury:
- Usually submitted by a patient after being diagnosed with asbestos cancer.
- Filed against the organization responsible for exposing the asbestos that led to the deadly disease.
- Files for specific damages suffered by the victim for being exposed to asbestos.
- Allows patients to recover funds for treatment, lost income, suffering and pain, travel, among other related expenses.
Asbestos Lawsuit for Wrongful Death:
- Tendered by the family of someone that died due to asbestos cancer.
- Filed against the organization responsible for exposing asbestos that resulted in death.
- Files for specific damages that could have caused asbestos-related death.
- Allows families to recoup the money spent on medical bills, funeral expenses, likely lost income, consortium loss, and other related expenses.
Individual Lawsuits, Multidistrict Litigation, and Class Actions:
A lot of people still don’t know how to go about their mesothelioma cases – whether it should be handled individually or collectively, such as multidistrict litigation or class action. This can be handled for you by your attorney and he will tell you which to go for.
The individual lawsuit:
This is a case whereby one plaintiff submits an asbestos lawsuit against a company or companies due to the illness caused by being exposed to asbestos. Both the plaintiff and the defendant files and presents their cases in the court. In most cases, both parties resolve the issue outside the court, but if an agreement can’t be reached, then the trial becomes imminent.
Class action claims:
This type of asbestos lawsuit involves an individual or a group of persons presenting a case on behalf of the people affected by a similar situation. Classes could range from hundreds to millions of individuals, and you could decide to remain in the group or opt out if you like.
Although there are few lawsuits that have been filed under the class action over the years, the majority of the lawsuits related to asbestos concerns are either multidistrict litigation or individual.
This is an effective type of asbestos lawsuit that allows the individual to present similar complaints. It follows efficient guidelines that allow the court to treat more cases without grouping all the plaintiffs into one class.
Please comment down below if you have any doubt or need any help regarding asbestos lawsuit process or anything related to it.