Asbestos Litigation

Exposure to asbestos-containing products is linked to severe health risks, including mesothelioma, lung cancer, and other asbestos-related diseases. Victims of asbestos-related diseases may face life-altering consequences, including significant medical expenses and a need for long-term care. Consequently, many pursue asbestos litigation to hold accountable the companies responsible for producing, distributing, manufacturing, or using asbestos products that exposed workers and consumers to harmful asbestos fibers.

Asbestos litigation often serves as both a path to financial compensation and a way to spotlight the negligent behavior of asbestos manufacturers, contractors, and suppliers. Many of these individuals knowingly exposed workers to hazardous asbestos products or failed to warn consumers of the risks involved with asbestos. This legal process can be complex, encompassing multiple types of claims. Serling and Abramson, P.C. can provide invaluable guidance, helping victims navigate each step of the process.

Types of Asbestos Claims

Victims of asbestos-related diseases and their families can pursue a personal injury claim or a wrongful death claim, depending on their situation.

Personal Injury Lawsuits: Filed by living individuals diagnosed with an asbestos-related illness such as mesothelioma or lung cancer, these lawsuits seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Wrongful Death Claims: When a loved one passes away due to an asbestos-related illness, family members can file a wrongful death lawsuit. This type of litigation seeks compensation for the deceased’s medical bills, funeral expenses, and financial losses incurred by the family. Often, in asbestos litigation, personal injury lawsuits transition into wrongful death cases if the plaintiff dies before the resolution.
Asbestos Trust Fund Claims: Many companies that manufactured or produced asbestos filed for bankruptcy protection due to mounting claims. Courts required these companies to create trust funds, setting aside billions of dollars to compensate current and future asbestos victims. Trust fund claims allow victims to seek compensation from the bankrupt entities. Serling & Abramson, P.C. will file eligible asbestos trust fund claims on your behalf as part of our service to you.

Health Hazards of Asbestos Exposure

Asbestos is a mineral that when crushed creates microscopic fibers. When those fibers become airborne, they can be inhaled or ingested. The fibers embed themselves in the lungs, abdomen, and other organs, creating long-term inflammation that can lead to various health complications, including:

Mesothelioma: A rare and aggressive cancer affecting the lining of the lungs, abdomen, or heart. Mesothelioma is almost exclusively linked to asbestos exposure.
Lung Cancer: Asbestos is a proven carcinogen, and workplace exposure has caused numerous cases of lung cancer among construction workers, auto industry workers, and power plant employees. Smokers who are exposed to asbestos are 90 times more likely to develop lung cancer. Individuals who smoke and develop lung cancer are entitled to compensation.
Asbestosis: A chronic lung disease characterized by scarring of lung tissue, leading to respiratory difficulties.
Ovarian Cancer and Other Cancers: Emerging research has linked asbestos to ovarian and other cancers, expanding the known risks associated with exposure.

Understanding Causation in Asbestos Litigation

To succeed in asbestos litigation, plaintiffs must prove that their illness directly results from exposure to asbestos-containing products manufactured or supplied by the defendant. This can be challenging, as asbestos-related diseases often take decades to develop, creating an extensive timeline between exposure and diagnosis. During litigation, our experienced mesothelioma attorneys and investigators gather evidence, including employment history, medical records, and asbestos exposure documentation, to establish causation.

Statute of Limitations and Filing Deadlines

Time limits, or statutes of limitations, apply to filing asbestos claims and vary by state. These deadlines generally start from the date of diagnosis or, in wrongful death cases, the date of death. In Michigan, plaintiffs have three years from diagnosis to pursue asbestos litigation. However, Michigan has a savings statute that provides additional time if the victim passes away within this initial three-year period, allowing the family or estate more flexibility to seek compensation. Consulting with an experienced asbestos attorney ensures your claim is filed within the correct time frame to protect your right to compensation.

Major Asbestos Lawsuits and Notable Defendants

Several high-profile companies, including Johnson & Johnson, Johns Manville, and various manufacturers, have faced asbestos lawsuits. Courts have held these companies accountable for failing to warn consumers and workers about the dangers of their asbestos products.

Choosing the Right Asbestos Attorney

Given the complexity of asbestos litigation, it’s essential to work with dedicated mesothelioma lawyers who specialize in these cases. Asbestos lawsuits demand a thorough understanding of both the health impacts of asbestos and the legal challenges involved. An experienced mesothelioma law firm, such as Serling & Abramson, P.C. will have a robust database of asbestos exposure sites, experienced attorneys, and a dedicated team to help you navigate the litigation process. Our firm filed the first asbestos lawsuit in Michigan and has since proudly been representing asbestos-disease victims for over 50 years. In doing so, we have developed the most extensive database of asbestos product identification in Michigan. The database is used to cross-reference documents, depositions, and legal filings in order to maximize the positive outcomes in clients’ cases.

Asbestos Defendants

In asbestos litigation, defendants are typically companies that manufactured, sold, or distributed asbestos-containing products, or those that used asbestos extensively in their operations. In many instances, these companies knew about the health hazards posed by asbestos but failed to protect workers and the public, leading to significant injury and loss of life. Asbestos litigation aims to hold these companies accountable for negligence, and defendants are often required to provide compensation to victims through direct settlements or asbestos trust funds.

Dangers of Asbestos Exposure

Asbestos exposure poses serious health risks due to the mineral’s fibrous nature. When asbestos fibers are disturbed, they become airborne and can be inhaled or ingested, leading to long-term health issues. The primary risks include mesothelioma, lung cancer, and asbestosis. The latency period for asbestos-related diseases can extend several decades, often delaying diagnosis and treatment. Despite asbestos’s fire-resistant and insulating qualities, which made it a common material in construction and manufacturing, the dangers of exposure have led to widespread legal action against negligent companies.

Asbestos Lawyers

Asbestos lawyers specialize in helping victims of asbestos exposure who develop disease pursue litigation, trust fund claims, and compensation. Serling & Abramson, P.C. attorneys possess unique expertise in asbestos laws, including knowledge of major asbestos companies, exposure sites, and past case outcomes. Our asbestos lawyers work to establish a connection between a client’s diagnosis and their history of exposure, which is crucial for successful compensation claims. Having an experienced asbestos lawyer ensures clients receive personalized guidance through each phase of the legal process, including filing claims, negotiating settlements, and representing clients in court if necessary.

Asbestos Bankruptcy Trusts

Many companies that historically produced or used asbestos have now filed for bankruptcy under the weight of lawsuits from asbestos victims. As a result, courts required these companies to establish asbestos bankruptcy trusts to compensate future asbestos disease victims. Today, asbestos trust funds collectively hold billions of dollars, and claimants can access these funds without going through a lawsuit. Trust fund claims have become a primary source of compensation for many mesothelioma and asbestos-related illness victims. Our experienced team will assist clients in filing these claims and maximizing trust fund payouts.

Mesothelioma Lawsuit & Mesothelioma Claims

A mesothelioma lawsuit is a legal action brought by individuals diagnosed with mesothelioma, a rare cancer caused by asbestos exposure. These lawsuits typically fall under personal injury or wrongful death claims, with the goal of securing compensation for the victim’s medical costs, lost wages, and suffering. Mesothelioma lawsuits can result in settlements or trial verdicts, with compensation varying based on the circumstances of each case. Due to mesothelioma’s aggressive nature and the significant impact on victims’ lives, lawsuits often yield substantial payouts, especially when handled by an experienced mesothelioma lawyer.

Exposure to Asbestos Dust

Asbestos dust is composed of microscopic fibers that, when disturbed, become airborne and can pose a serious health hazard to anyone who inhales or ingests them. Workplace exposure, often seen in industries like construction, shipbuilding, and automotive repair, is a common cause of asbestos-related diseases. Asbestos dust can linger in the air and settle on surfaces, making it possible for workers to bring these fibers home, unintentionally exposing family members. This secondary exposure has been linked to cases of mesothelioma in family members of those who work with or around asbestos.

Risks of Asbestos Exposure

The risks associated with asbestos exposure are significant, as even short-term or minimal contact can lead to life-threatening diseases decades later. Asbestos exposure is the only known cause of mesothelioma and contributes to other diseases like lung cancer, asbestosis, and pleural plaques. Individuals who work in construction, manufacturing, shipyards, and automotive repair are especially at risk due to the frequent use of asbestos in these industries. Awareness of these risks is essential for both workers and employers to prioritize safety measures and prevent exposure.

Chrysotile Asbestos

Chrysotile, also known as “white asbestos,” is one of the most common types of asbestos and was widely used in building materials, automotive parts, and industrial products. Chrysotile asbestos fibers are hazardous and can lead to diseases like mesothelioma and lung cancer. Its prevalence in various materials means that chrysotile asbestos remains a common source of exposure in both residential and commercial settings. Like other types of asbestos, chrysotile is banned due to its health risks, although it continues to pose a danger in older buildings and products.

Presence of Asbestos

The presence of asbestos is still found in numerous buildings, factories, schools, and homes, especially those constructed before the 1980s when asbestos was more widely used. Asbestos-containing materials such as insulation, floor tiles, and roofing materials pose a risk when they are disturbed during renovations or repairs. The presence of asbestos remains a concern for workers in industries like construction, demolition, and manufacturing.

Asbestos-Containing Materials

Asbestos-containing materials are any products that were manufactured with asbestos fibers. These materials were popular in construction and industrial applications due to asbestos’s durability and resistance to heat. Common materials that contained include insulation, roofing shingles, floor tiles, pipe insulation, and brake linings. Although many asbestos-containing products are now banned, they remain present in older structures and products, posing a risk during renovations, demolitions, or repairs. When asbestos-containing materials are damaged, asbestos fibers are released, putting anyone in the vicinity at risk of inhalation or ingestion and the potential development of asbestos-related diseases.

Filing Your Asbestos Claim

If you or a loved one have been diagnosed with an asbestos-related disease, filing a claim can provide the financial compensation needed to cover treatment costs, medical expenses, and lost income. Partnering with asbestos attorneys experienced in exposure claims allows victims to maximize compensation, whether through trust funds, settlements, or trial verdicts.

Serling & Abramson, P.C. has represented thousands of asbestos clients with a history of asbestos exposure in Michigan. With their comprehensive resources, extensive experience, and in-depth knowledge of asbestos law, they can help you pursue a successful asbestos litigation case. Contact them today for a free, no-obligation consultation to determine your legal options and ensure your rights are protected.

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Asbestos Litigation: What You Need to Know