Asbestos Law and Litigation
Asbestos cases are a sub-class of toxic torts. This long-running mass tort involves thousands of claimants and 8000 defendants.
Companies produced asbestos-containing products over many decades without disclosing the dangers of this toxic mineral. The negligence of these companies has caused asbestos victims to be harmed. Our lawyers are there to help these victims.
Claims
Asbestos is made up of fibrous minerals, which can cause serious health issues. This includes mesothelioma and lung cancer and asbestosis, pleural thickening and scarring of the lungs (pleural plaques). To file an asbestos lawsuit it must be established that exposure to asbestos led to your injury or illness. A qualified attorney will assess your situation and determine if there is any basis for a claim.
As per the law, you can be awarded damages for physical and emotional injuries. However, the amount you can be awarded varies from case to case. The average settlement for mesothelioma is between $1 million and $1.4 million. Your lawyer can negotiate for you to secure the highest compensation possible for your losses.
An experienced lawyer will know the intricate details of asbestos law. They can examine your case to determine if you suffer from asbestos-related illnesses and if it was caused by work-related exposure. They will also explain to you the various legal options available to you. These include workers' compensation, trust fund and litigation.
If you've been diagnosed with an asbestos-related disease, it is important to file a lawsuit immediately. In some instances it can take a long time for an asbestos-related condition to develop after exposure. Workers' compensation claims might not cover your losses fully.
Many asbestos victims are not aware that they can file a personal injury lawsuit against companies accountable for their exposure to asbestos. A lawyer with experience can help you file an asbestos lawsuit to get the compensation that you are entitled to.
Congress has considered a range of legislative options to deal with asbestos litigation, but none has been passed. In the absence a federal solution to asbestos litigation state courts take measures to protect their business and injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states create pleura registries in order to transfer asbestos cases that are not malignant to an inactive docket, until they are diagnosed as malignant. This ensures that the sickest plaintiffs are treated first, and prevents overcrowding on the active docket. Additionally, it allows those who have nonmalignant illnesses to file a lawsuit in the future if they develop malignancies.
Statute of limitations
The statute of limitations limits the time period in which an individual can sue if they have been injured or become ill. when asbestos litigation finishes of limitations varies according to the state and the type of. Mesothelioma victims should contact top attorneys immediately to ensure their rights are protected before the statute of limitations expires.
The law requires defendants to take appropriate safety measures in the manufacturing and sale of asbestos-based products. If companies do not take these precautions they are held accountable for any injuries that may occur. They must also inform workers and 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 may also be held liable under strict liability and breach of implied warranties. The company is responsible when it fails to make their products in a safe way to meet the purpose for which they were designed.
Most states have a discovery rule that says the statute of limitations "clock" doesn't begin until the asbestos victim is aware of their injury, or has discovered it. This is particularly important for asbestos cases because of the lengthy latency period that is associated with mesothelioma and other asbestos-related illnesses.
There are other aspects aside from the statute of limitations that can affect how mesothelioma cases are handled. This includes the type, state, and the location of the asbestos product manufacturer.
Certain states, like, have different statutes on personal injury and wrongful death claims. There could be exceptions or extensions to the law for victims with mesothelioma cases that are complex. In certain cases, the victim's service in the military could be considered when submitting a claim to the court for mesothelioma. Many asbestos-related companies went bankrupt because of asbestos litigation, but the courts ordered them set aside funds in trust funds for those injured by their products. In the end, some victims' statutes of limitation will be extended or waived when filing a claim with an asbestos trust fund.
Discovery
A skilled asbestos lawyer can use the discovery process to uncover facts that could aid the client's case. This tool, in the hands of an experienced attorney can speed up the process of litigation. It can also make settlements easier.
Discovery is a crucial element of any mesothelioma trial. Attorneys need to use this process to get documents from companies, such as emails and records, and information about asbestos products manufactured and sold by a defendant. The discovery process also involves conducting interviews with victims' co-workers as well as taking samples from homes, employment sites, and other areas where asbestos might have been present. Asbestos comes in a variety of forms, and lawyers must determine what kind of asbestos was used at a specific work site in order to determine if the specific product was responsible for the illness of a client.
Companies that manufacture and market asbestos-containing items knew that their products could trigger serious breathing issues. Despite this, they continued to hide the information for decades. It was only after asbestos producers began to be sued by workers were they forced to disclose company records and admit to their negligence.
Asbestos companies and insurance firms often attempt to discredit studies that demonstrate a link between asbestos exposure and mesothelioma and lung cancer and other diseases. In some cases this attempt to defame the evidence can lead to the abolition of mesothelioma-related claims. A seasoned asbestos lawyer however, can demonstrate that the defendant's actions were negligent or breached its legal duty to customers.
Mesothelioma patients may also bring a breach implied warranty claim against asbestos-related product sellers in addition to the negligence theory. The breach of this obligation is based upon the fact that asbestos, as many other substances, is inherently dangerous. In addition the plaintiff has an expectation that asbestos-containing products will perform as advertised and are suitable for their intended use.
It's easy to feel that your case isn't moving forward during the discovery process. But, your lawyer will be hard at work searching through the vast amount of documents provided by defendants in search of any significant evidence that could strengthen your case and increase your chances of obtaining compensation.
Trial
If a plaintiff suffers from an asbestos-related illness, he or she may recover damages from the companies that exposed them to the toxic substance. The law that governs asbestos litigation addresses issues such as strict liability, negligence, breach of implied warranties, and the proximate cause. A court could award the plaintiff punitive damages in certain circumstances.
Asbestos claims often involve more than one defendant. Many people who develop mesothelioma, lung cancer or other asbestos-related illnesses were exposed to asbestos in a variety of locations. Manufacturing plants, mines and Navy ships are just a few examples. Asbestos litigation is a result of settlements for class actions as well as the 20-50-year latency period of various serious diseases.
The first task in an asbestos-related case is to determine every potential source of exposure. This can require reviewing 40 or 50 years of work history as well as a review of Social Security, union, tax and other documents.
A lawyer must then show that the defendant violated their obligation to the plaintiff by the exposure of asbestos to them, and that the breach caused the injury. This breach could be the direct result of exposure, or it could be indirect and result due to a business's decision not to warn its workers about the dangers of asbestos. A lawsuit can also include allegations of emotional distress.
A jury can also give compensation to a plaintiff for their injury. These damages may include medical expenses as well as lost wages in the past or future damages to property, pain and discomfort. The amount of compensation can vary from case-to-case. However, the victims deserve fair treatment from the courts.
Several legislative remedies have been suggested to cut down the cost of asbestos litigation. The most important proposal is to transfer some of the responsibilities from the businesses responsible for asbestos exposure to bankruptcy trusts and other funds. This proposal has been rebuffed by both the affected and the company. A lawsuit is usually the best way to seek justice for someone who has been diagnosed with an asbestos-related illness. An attorney with experience in asbestos cases can assist victims and their families during this challenging process.