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Asbestos lawsuits are filed in different ways and for different reasons. The qualifications for a claim vary from state to state, but generally, you have to have an illness linked to asbestos exposure. Some of these illnesses include lung cancer, mesothelioma, or asbestosis.
In order to pursue a lawsuit, provision of medical records is needed to show that you were exposed and documentation of the type of illness caused by the exposure. You will also need evidence linking your illness with asbestos exposure.
What is Asbestos?
Asbestos is a mineral substance that was mined and used extensively in construction until its dangers became known. It was widely used as insulation in buildings and furnaces, boilers, and other heating systems to protect against heat loss. When asbestos is correctly used, it is fire resistant and has some insulating properties.
Asbestos was a highly toxic substance until the 1970s, when warnings were given about its dangers. Today, asbestos is banned in many countries because of its serious health risks. Long-term exposure to the mineral causes health complications in the body, thus forcing an individual to seek medical attention.
Mesothelioma is rare cancer that attacks the lining of certain internal organs, such as the lungs, abdomen, or heart. There is no found cure for this cancer, so it is important not to ignore it. However, the symptoms can be managed to prolong life. Hence, it is important to get legal help from an asbestos lawyer once exposed to asbestos.
Why File a Lawsuit after Exposure to Asbestos?
After a person is subjected to asbestos, the mineral is constantly released into the bloodstream, going to all vital organs. Due to this continuous-release, the body becomes saturated with asbestos fibers. It then starts collecting in different body organs, doing more damage as time goes on. It will also stay in one’s system for as long as 24 years after exposure.
The average person afflicted by asbestos exposure can expect to live with debilitating health problems for 10-15 years.
There are a variety of symptoms that emerge after asbestos exposure. The time it takes for the symptoms to show depends on the person’s exposure, as well as the type of asbestos fiber that was inhaled or ingested. It is important to know these symptoms so early detection and treatment can be initiated.
When to File an Asbestos Lawsuit?
The most common asbestos lawsuit is for an illness related to exposure to asbestos. This claim is filed under a state’s workers’ compensation laws. In order to file a claim, you will need to have been exposed to the substance and must exhibit symptoms consistent with exposure.
You will need medical evidence proving that you suffered from disease symptoms. In addition to this evidence, you should have documentation of asbestos exposure, even if it was in your home. If the illness you suffer from is not linked to your work, you may be able to file a private civil suit.
It is important that you have accurate medical records and that your exposure is proven. This will increase your chances of winning the case.
Your claim will only be successful if you prove the link between asbestos and your illness. Some people who develop an illness after asbestos exposure cannot make a link based on their symptoms. For this reason, they are not awarded damages or compensation for their condition.
