An asbestos lawsuit allows a victim to recover damages from those responsible for the asbestos exposure. Most asbestos lawsuits involve an employee suing an employer for injuries sustained after being exposed to asbestos at work. Injured victims have filed over 700,000 asbestos lawsuits against over 8,000 companies. All together, experts predict 1.3 to 3.1 million asbestos lawsuits will be filed with recoveries totaling between $200 and $275 billion.

About Asbestos 

Asbestos is a strong, flexible, and virtually indestructible mineral. Between the 1930s and 1970s, asbestos was widely used in construction and consumer products. Because its fibers are fire and heat resistant, asbestos was an ideal material for insulation, ceiling tiles, clothing, and many other products. However, the government passed regulations restricting the use of asbestos after it was discovered that asbestos exposure can cause life-threatening diseases.

Types of Asbestos Lawsuits      

There are two types of asbestos lawsuits: personal injury asbestos lawsuits and wrongful death asbestos lawsuits.

Personal Injury Asbestos Lawsuit: Victims injured by asbestos exposure can file a personal injury asbestos lawsuit seeking compensation for their injuries. To succeed in a personal injury asbestos lawsuit, victims must prove that they were exposed to asbestos and that the exposure caused an asbestos-related disease. Victims can recover compensation for the following expenses in a personal injury asbestos lawsuit:

  • medical bills
  • loss wages
  • pain and suffering
  • mental anguish

Some states allow plaintiffs to file asbestos lawsuits if they reasonably believe that they will develop asbestos related diseases. In those states, courts have held that victims can recover compensation before they incur potentially huge medical expenses.

Wrongful Death Asbestos Lawsuit: Family members of deceased victims may file wrongful death asbestos lawsuits against those responsible for the victims’ asbestos exposure. Wrongful death asbestos lawsuits can be filed by the deceased victims’ spouses, other family members, or estate representatives. Unfortunately, wrongful death asbestos lawsuits are more difficult to prove than personal injury asbestos lawsuits because the plaintiff must often call witnesses who worked with the deceased victim to prove the victim faced asbestos exposure.

In a wrongful death asbestos lawsuit, plaintiffs may recover compensation for the following:

  • medical bills
  • pain and suffering
  • funeral costs
  • value of the deceased life

Defendants in Asbestos Lawsuits

Because most asbestos exposure has taken place at victims’ workplaces, most asbestos lawsuits are filed against employers. However, asbestos lawsuits may also be filed against:

  • asbestos manufacturers
  • asbestos installers
  • leasing agents
  • landlords

Asbestos Lawsuit Results

Often, asbestos lawsuits result in an out-of-court settlement. However, when an asbestos lawsuit goes to trial, it can be very expensive and take many years to resolve. In addition, the growing number of asbestos lawsuits may make it difficult for victims to fully collect the amount of money they are entitled to. For example, many companies file for bankruptcy and cannot pay out the verdicts and settlements.

Contact Us

If you or a loved one has been injured by asbestos exposure, it is important that you contact us today. 

Published November 17, 2011 by