September 24, 2017

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Asbestos and Mesothelioma Law

Asbestos law is a specialized area of personal injury law. Its purpose is to compensate the plaintiff (victim) for losses due to illness or harm resulting from the exposure to asbestos. Mesothelioma is a common for of cancer associated with asebestos inhalation. Any person can file a civil lawsuit (once filed he/she id referred to as “the plaintiff”) against any defendant(s) who are believed to be responsible – regardless of whether the alleged actions of the defendant(s) were deliberate or not.

Asbestos

A silicate mineral, asbestos occurs naturally. From the late 19th Century until about 25 years ago, asbestos wdas a leading component in the manufacture of industrial products world-wide. Its valuable qualities included heat resistance, tensile strength, and sound absorption. With the discovery of asbestos’ toxicity to humans, the U.S. and other developed countries banned its usage. But by then millions of people had been exposed to asbestos in their workplaces, chiefly in factories, mines, and shipyards. As a result of exposure, many workers contracted asbestos-related illnesses, which could be fatal.

Asbestos-Related Illnesses

The inhalation of asbestos fibers can cause serious illnesses:

  • Mesothelioma, a malignant and fatal form of cancer
  • Lung cancer and cancer of other organs
  • Asbestosis (a type of pneumoconiosis, which leads to loss of lung function)

Compensation for Damages

Any person who has been diagnosed with similar illnesses and believes he/she might have been the victim of asbestos exposure, is urged to contact an asbestos law firm for an attorney (plaintiff lawyer) who is experienced with asbestos injury litigation. Such an attorney can construct a personal injury case showing that asbestos exposure caused the plaintiff’s illness. Asbestos exposure is a complex medical issue that an experieced attorney can construct a case to force responsible parties to compensate the victim. Most organizations or insurance companies will deny all responsibility until an experienced and aggressive attorney is representing your interests. Legal action is often the only chance for victims to receive proper compensation for pain, suffering, lost salary, and medical expenses from illnesses related to asbestos exposure.

Time Limits Begin at Medical Diagnosis

Courts recognize that asbestos injuries may take decades to develop. So, the limits for filing a lawsuit begin at the first medical diagnosis – not at suspected exposure. However, there are strict deadlines for filing lawsuits after medical diagnosis. Depending on which state you file your lawsuit in, the cutoff date is 12-24 months from the initial medical diagnosis of an asbestos-related illness or injury. Illnesses from asbestos exposure can take as long as 40 years to develop. However, the courts have time limits for filing lawsuits (Statutes of Limitations). The time limit for filing a lawsuit to recover compensation for asbestos exposure begins at the time of medical diagnosis – not at suspected exposure (which could have occurred decades ago). But any victim has as little time as one year to file a lawsuit. Thus, it is critical that any victim contacts an attorney as soon as possible. The family of an individual dead of mesothelioma or other disease from asbestos exposure has 12-24 months to file a lawsuit for wrongful death.

Related areas:
Personal Injury, Mesothelioma, Asbestos Attorneys, Wrongful Death,
Environmental Law, Health Care