Asbestos Law and Litigation
Asbestos cases are a class of toxic torts. This long-running mass tort involves thousands of claimants and thousands of defendants.
These companies produced asbestos-containing products for many decades, without disclosing its dangers. Their negligence has caused asbestos victims to suffer. Our lawyers are there to help these victims.
Claims
Asbestos is one of the fibrous minerals that can lead to severe illnesses. This includes mesothelioma, lung cancer as well as asbestosis, pleural thickening, and scarring of the lungs (pleural plaques). To file an asbestos lawsuit it must be established that exposure to asbestos caused your injury or illness. A qualified attorney will assess your situation and determine if there is a basis for a claim.
According to the law, you are able to be awarded damages for physical and emotional injuries. However, the amount you may be awarded differs from case to case. The median settlement for mesothelioma is between $1 million and $1.4 million. Your lawyer can negotiate with you to secure the highest amount of compensation for your losses.
An experienced lawyer will understand the intricacies of asbestos law. They can investigate your case in order to determine if you suffer from asbestos-related ailments and whether it was caused by work-related exposure. They will also explain the various legal options you have such as workers compensation, trust funds, and litigation.
If you've been diagnosed with an asbestos-related condition it is crucial to start a lawsuit as soon as possible. In certain cases it could take years for an asbestos-related condition to develop after exposure. A workers' compensation claim might not be able to cover your losses in full.
Many asbestos victims don't know that they can claim compensation from companies that are responsible for their exposure to asbestos. An experienced lawyer can assist you in filing an asbestos lawsuit to secure the compensation you are entitled to.
While Congress has considered several legislative solutions to deal with the asbestos litigation issue but none of them have been enacted. In the absence of a federal solution state courts are taking measures to protect their businesses and injured plaintiffs. For instance judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are creating pleura registries to shift nonmalignant asbestos claims to an inactive docket, until they become malignant. This ensures that the illest plaintiffs are treated first, and prevents overcrowding the docket. Additionally, it allows those who have nonmalignant illnesses to file a lawsuit in the future when they develop malignancies.
Statute of limitations
The statute of limitations limits the time period in which an individual is able to bring a lawsuit in the event of injury or become ill. It varies according to the state and the kind of claim. Mesothelioma patients should contact top attorneys promptly to ensure their rights are secured before the statute of limitations expires.
The law requires defendants to take appropriate safety precautions in the production and sale of asbestos products. When companies fail to take such precautions, they are liable for any related injuries that may occur. Additionally, they must provide an education to employees and other members of the public about the dangers of asbestos.
Asbestos-related companies could be held accountable for mesothelioma injuries because of the negligence of the company and its inability to warn asbestos victims of the dangers. They can be held responsible under strict liability or in breach of implied warranties. The company is liable if it fails to manufacture their products in a safe manner for the purpose they were intended.
Most states have a discovery rule that states the statute of limitations "clock" doesn't begin until the asbestos victim has discovered their injury or discovered it. This is especially important for asbestos cases because of the long time of latency that is associated with mesothelioma as well as other asbestos-related illnesses.
There are other factors aside from the statute of limitations, that could affect the way mesothelioma cases are filed. This includes the nature of the claim, the state in which they live and where they were exposed and the location of asbestos product manufacturers.
For example, some states have different statutes of limitations for personal injury and wrongful death claims. There could be exceptions or extensions to the law for victims with mesothelioma cases that are complex. Additionally the victim's military experience may be considered when filing a mesothelioma claim and could extend the time limit for filing a claim in certain instances. Many asbestos-related companies were forced to go under due to asbestos litigation, but courts ordered them to put aside money in trust funds for those who were harmed by their products. Therefore, certain victims' statutes of limitation is extended or waived when filing a claim against an asbestos trust fund.
Discovery
A skilled asbestos lawyer will use the discovery process to uncover facts that could aid a client's case. This tool, in the hands of a knowledgeable lawyer can speed up the process of the process of litigation. It can also make settlements easier.
Discovery is a crucial element of any mesothelioma case. Through it, attorneys must collect company documents, such as emails and records, as well as information on the asbestos products that a defendant manufactured and sold. The discovery process also involves interviewing victims' coworkers and seeking samples from their homes, workplace sites, and other locations where asbestos could have been present. Asbestos comes in many forms. Lawyers must determine what type of asbestos was present at a particular workplace to determine if it was the cause of the client's disease.
Companies that make or sell asbestos-containing products understand that their products can cause serious breathing problems. However, they continued hide this information for years. It was only when asbestos asbestos workers started suing that asbestos manufacturers were forced to reveal the company's records and admit that they were negligent.
Asbestos companies and insurance companies try to discredit studies that prove connections between asbestos exposure and lung cancer, mesothelioma and other illnesses. In some cases, these efforts to undermine evidence can cause the dismissal of a mesothelioma case. A skilled asbestos lawyer however, can prove that the defendant's actions were negligent or in breach of the legal obligation it owes to its clients.
Mesothelioma patients may also bring the claim of breach of implied warranty against asbestos product sellers in addition to the negligence theory. The breach of this obligation is based on the fact that asbestos, as many other substances, is innately hazardous. In addition, the plaintiff has reasonable expectations that asbestos-containing products will perform as advertised and be suitable for their intended use.
It's easy to feel that your case isn't progressing through the discovery process. specializes in asbestos litigation will be searching through the huge amount of documents defendants have sent seeking evidence to bolster your case.
Trial
If a plaintiff suffers from an asbestos-related condition is diagnosed with an asbestos-related illness, the plaintiff can recover damages from the companies that exposed them to the harmful substance. The law governing asbestos litigation covers issues such as strict liability, negligence and breach of implied warranties and the proximate cause. A court can decide to award the plaintiff punitive damages as well in certain cases.
Asbestos claims often involve more than one defendant. Many people who develop mesothelioma, lung cancer, or other asbestos-related diseases were exposed to asbestos in a myriad of locations. Manufacturing plants, mines and Navy ships are just a few examples. Asbestos litigation is a result of class action settlements and the 20-50 year time frame for the latency of various serious diseases.
The first task in an asbestos case is to determine every possible source of exposure. This could involve studying the work history for 40 or 50 years, in addition to Social Security, union records tax records, other records.
The next step is to prove that the defendant breached its obligation to the plaintiff by exposing the plaintiff to asbestos, and that this breach caused the injury. This breach can be the direct result of exposure, or indirectly resulted from a company's inability to warn employees about asbestos dangers. A lawsuit will often include allegations of emotional distress.
A jury may also give a plaintiff compensation for the injury. These damages can include medical bills as well as lost wages in the past and in the future as well as property damage, discomfort and pain. The amount of compensation awarded can vary from case-to-case. However, victims are entitled to fair treatment by the courts.
Several legislative remedies are proposed to cut down on the expense of asbestos litigation. The most significant suggestion would transfer some of the responsibilities from the companies that were responsible for asbestos exposure to bankruptcy trusts and other funds. This approach has been rejected by both victims and companies. A lawsuit is the best method of obtaining justice for those who have been diagnosed with an asbestos-related disease. A lawyer with expertise in handling asbestos cases can assist victims and their families through this difficult process.