Common Aspects of Asbestos Lawsuits

In some jurisdictions, owners of buildings contaminated by dangerous asbestos-containing construction materials may have legal recourse against previous owners or asbestos manufacturers, sellers or distributors. If you own a structure with asbestos contamination, contact a knowledgeable asbestos attorney at our firm to determine whether you may be able to recover the cost of abatement.

Sales & Satterley, in Louisville, Kentucky, would like the general public to understand that mesothelioma litigation is not about cashing in through some sort of legal lottery. Rather, it is about pursuing and obtaining the financial relief that victims need and deserve after employers and other responsible parties knowingly and negligently allowed workers to be exposed to dangerous toxic substances on the job over the years. Mesothelioma litigation, as conducted by our lawyers, aims to help victims and their families obtain compensation for medical treatment, rehabilitation and therapy, medical equipment, funeral and burial costs, lost wage replacement, and pain and suffering.

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Mesothelioma does not only afflict workers who were exposed to asbestos in factories or at construction sites. Many of our clients over the years have been wives, husbands and children of individuals whose life's work put them at risk through exposure to asbestos or other toxic substances on the job or elsewhere.

The information presented here regarding mesothelioma and the law is general in nature and may or may not pertain to your particular circumstances. Contact an attorney for advice and assistance appropriate to the facts of your case.

Asbestos is a naturally-occurring mineral used in construction materials and consumer products for its fire-resistant and strengthening properties. When asbestos is released into the air in microscopic, dusty and threadlike fibers, it can be breathed into the body and lodged dangerously in the lungs, where it can lurk for decades before producing severe, even fatal, diseases, such as mesothelioma.

Workers, consumers and bystanders exposed to airborne asbestos who have developed or have the potential to develop these life-threatening illnesses should contact an experienced asbestos attorney at Sales, Tillman, Wallbaum, Catlett & Satterley, PLLC in Louisville, Kentucky, as soon as possible to understand and protect their legal interests.

Potential Legal Theories

There are several potential legal theories under which asbestos victims may be able to recover compensation for injury, and sometimes for potential injury, caused by exposure to asbestos. The laws governing asbestos litigation vary widely from jurisdiction to jurisdiction, making it imperative to consult an attorney about the available remedies under the laws of your state. Common theories used include product liability, workers' compensation, premises liability and economic property loss.

Complications

Several aspects of asbestos injury bring particular complication and difficulty to asbestos litigation (again, how this affects particular claims varies by jurisdiction):

Evidence may be difficult to collect and verify because the asbestos exposure usually occurs years before the injury is apparent, complicating the process of locating witnesses, identifying potential defendants and other plaintiffs, and collecting physical evidence and records.
Plaintiffs are often of advanced age and extremely ill.
Many of the defendants in these cases have been forced into bankruptcy, which in some cases has left inadequate resources available to compensate the victims for their injuries.
Asbestos cases are expensive because the evidence is of a complex scientific nature.
There are difficult issues of statutes of limitation and statutes of repose - legal deadlines by which plaintiffs must bring suit for particular types of injuries. If a jurisdiction requires suit within a certain time after exposure, there may be no knowledge of injury within that time because of the latent nature of asbestos-related diseases. If a jurisdiction requires suit within a certain amount of time after discovery of the injury, victims may not realize in time that particular symptoms are asbestos related.
Complexity surrounds whether a victim can sue for the potential development of mesothelioma, cancer or other asbestos-related injury, or for the fear of potential disease.
It can be difficult to identify potentially responsible parties such as who actually manufactured the injury-producing asbestos or asbestos-containing product.
In some jurisdictions, legal issues surround whether the victim contributed to his or her injury, such as by smoking, or whether other causes contributed to the injury, such as multiple, different exposures.

Contact an Attorney

If you think you were exposed to airborne asbestos and have developed or have the potential to develop asbestos-related disease, contact a knowledgeable asbestos lawyer at Sales, Tillman, Wallbaum, Catlett & Satterley, PLLC in Louisville, Kentucky, as soon as possible to protect your legal rights.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Common Aspects of Asbestos Lawsuits