Asbestos Law and Litigation
Asbestos cases fall under the category of toxic torts. This long-running mass injury has thousands of claimants, as well as 8000 defendants.
These companies manufactured asbestos-containing materials for many years, but without warning about the dangers. Asbestos victims have suffered as a result of the negligence of these companies. Our lawyers are there to help these victims.
Claims
Asbestos is composed of fibrous minerals which can cause serious illnesses. These include mesothelioma and lung cancer and asbestosis, pleural thickening and scarring of the lungs (pleural plaques). In order to file an asbestos lawsuit it must be established that exposure to asbestos caused your injury or illness. A qualified attorney can assess your situation to determine whether you are eligible for a claim.
The law stipulates that you are entitled to damages for your physical and emotional injuries. The amount you can be awarded will vary from case to case. The median mesothelioma settlement ranges from $1 million to $1.4 million. Your attorney can negotiate on your behalf to secure you the most effective compensation for your losses.
An experienced lawyer understands the complexities of asbestos law. They will be able to examine your case to determine if you suffer from asbestos-related illnesses and if it was caused by occupational exposure. They will also explain to you the various legal options that are available to you. These include workers compensation, trust funds and litigation.
It is important to submit an claim when you are diagnosed with an asbestos related disease. In certain cases asbestos-related illnesses can develop decades after exposure. Workers' compensation claims may not cover your losses fully.
Many asbestos victims don't realize that they are able to claim compensation from companies that are responsible for their exposure to asbestos. An experienced lawyer can help you file an asbestos lawsuit to get the compensation that you are entitled to.
While Congress has considered a variety of legislative remedies to address the asbestos litigation issue however none of them has been approved. In the absence of a federal solution state courts are taking action to protect their businesses as well as injured plaintiffs. For example, judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are establishing Pleura registries that shift non-malignant asbestos claims to an inactive docket until they are malignant. This ensures the sickest plaintiffs receive the best treatment and keeps the active docket from becoming overcrowded. Furthermore, it allows plaintiffs with nonmalignant ailments to file a lawsuit in the future if they develop malignancies.
Statute of limitations
The statute of limitations restricts the time period in which a person may file a lawsuit for an injury or illness. It varies by the state and the kind of claim. Mesothelioma patients must contact top attorneys immediately to safeguard their rights before the statute of limitation expires.
The law requires defendants to adopt appropriate safety precautions when they manufacturing and distribution of asbestos-related products. If companies fail to follow these steps they are accountable for any injuries that may occur. They also have to inform employees and the general public about the dangers of asbestos.
Asbestos companies may be held liable for mesothelioma-related injuries due to the company's negligence and failure to warn asbestos victims of the dangers. They could be held accountable under strict liability or for breach of implied warranties. The company is accountable if it fails to manufacture their products in a safe way for the purpose they were intended.
Most states have a discovery rule that says the statute of limitation "clock" doesn't begin until the asbestos victim has discovered their injury or should have discovered it. This is particularly important in asbestos cases due to the lengthy period of time between mesothelioma, asbestosis and other asbestos-related illnesses.
In addition to the time limit there are other factors that may affect the way a mesothelioma claim is handled. This includes the type of claim, the state in which they reside and the location where they were exposed, and the location of asbestos product manufacturers.
Certain states, like have different laws on personal injury and wrongful death claims. There are exceptions or extensions in the law for those who have mesothelioma claims that are complex. Additionally the victim's military experience could be considered when filing a mesothelioma claim and could extend the time limit for filing a claim in certain instances. Asbestos litigation caused many asbestos-related companies to fail, but the courts required the companies to put aside money in trust funds for people affected by their asbestos-related products. Consequently, some victims' statutes of limitations can be extended or waived when filing a claim with an asbestos trust fund.
Discovery
A competent asbestos lawyer will utilize the process of discovery to uncover information that could be helpful to a client. In the hands of an experienced lawyer this tool can speed up litigation and help settle cases more quickly.
The process of discovery is a crucial element of every mesothelioma case. Attorneys need to use this procedure to obtain documents from the company, like emails and records, as well as information about asbestos products manufactured and sold by the defendant. The discovery process involves interviewing the victims' coworkers and also obtaining samples from their workplaces, homes, and any other place where asbestos might be present. Asbestos can come in many forms, and lawyers must identify what type of asbestos was used at a specific worksite to determine if that specific product contributed to the client's illness.
Companies that produce and sell asbestos-containing products knew that their products could cause serious breathing issues. But, they continued to keep this information secret for decades. It wasn't until asbestos workers began filing lawsuits that asbestos producers were forced to release the company's records and admit that they were negligent.
Asbestos manufacturers and insurance companies frequently attempt to discredit medical studies that show an association between exposure to asbestos and mesothelioma, lung cancer, and other illnesses. In some instances, this effort to discredit the evidence could lead to the denial of mesothelioma lawsuits. However, a strong asbestos lawyer can demonstrate that the defendant's actions were negligent and in violation of an obligation to its clients.
Mesothelioma patients also have the option of bringing an implied warranty claim for breach against asbestos-related sellers in addition to the negligence theory. This duty is breached because asbestos is dangerous by nature, much like many other substances. The plaintiff also has reasonable expectations of asbestos-containing products performing as advertised and being safe for their intended use.
The process of discovery can be lengthy and exhausting, and it is easy to believe that nothing is happening to your case. Your attorney will be busy combing through the vast amount of documents defendants have sent in search of evidence to bolster your case.
Trial
A person who has contracted an asbestos-related illness may be able to recover damages from companies who exposed them to the harmful substance. The law that governs asbestos litigation covers issues such as strict liability and negligence, breach of implied warranties and the proximate causes. In certain cases, a court can award punitive damages to a plaintiff.
Asbestos lawsuits typically include more than one defendant. Many people who develop mesothelioma, lung cancer or other asbestos-related diseases were exposed to asbestos in a variety of places. Manufacturing plants, mines and Navy ships are all examples. Asbestos litigation also includes class action settlements and the 20-50 year period of latency for a variety of serious illnesses.
The first task in an asbestos case is to determine every potential source of exposure. This may involve reviewing 40 or 50 years of work history, as well as reviewing Social Security, union, tax, and other documents.
Next, a lawyer must prove that the defendant breached its obligation to the plaintiff by exposing him or her to asbestos and that this breach led to the injury. This can be the direct result of exposure, or indirectly caused by a company's failure to warn workers of asbestos dangers. A lawsuit can also include allegations of emotional distress.
In the end, a jury may decide to award a plaintiff compensatory damages in the event of an injury. These damages may include medical expenses as well as lost wages in the past and future damages to property, discomfort and pain. The amount of compensation varies from case to case but victims need fair treatment and respect from the justice system.
There are a variety of legislative options to cut down on the expense of asbestos litigation. The most significant suggestion would transfer some of the liability from the businesses responsible for asbestos exposure to bankruptcy trusts and other funds. This approach has been rejected by both victims and companies. A lawsuit is often asbestos litigation group the best way to seek justice for someone who has been diagnosed with an asbestos-related illness. A lawyer with experience handling asbestos claims can help victims and their families through this difficult process.