Asbestos Law and Litigation
Asbestos lawsuits constitute a particular category of toxic tort cases. This long-running mass tort entails thousands of plaintiffs and 8,000 defendants.
These companies produced asbestos-containing products for many years, but without disclosing its dangers. Asbestos victims have suffered as a result of the negligence of these companies. Our lawyers help these injured people.
Claims
Asbestos is a class of fibrous minerals which can cause serious illnesses. This includes mesothelioma and lung cancer, asbestosis, swelling of the pleural membrane, and scarring in the lungs (pleural plates). In order to file an asbestos lawsuit, it must be proven that exposure to asbestos led to the injury or illness. A qualified attorney will assess your situation and determine if there's an argument to file a claim.
The law states that you may be able to recover damages for physical and emotional injuries. The amount you could be awarded varies from case to case. The median settlement for mesothelioma is between $1 million and $1.4 million. Your attorney can negotiate for you to secure the highest settlement for your losses.
An experienced lawyer will know the intricacies of asbestos law. They can analyze your case to determine if you suffer from asbestos-related ailments and whether it was caused by work-related exposure. They will explain to you the different legal options available to you. They will explain the various options available to you, including workers' compensation, trust fund, and litigation.
It is crucial to make an claim as soon as you are diagnosed with an asbestos related disease. In some cases, asbestos-related diseases can develop years after exposure. Additionally, a workers compensation claim might not be sufficient to cover your loss.
Many asbestos victims don't realize that they can sue the companies that caused their exposure to asbestos. A knowledgeable attorney can help you file an asbestos lawsuit to receive the compensation you deserve.
Congress has considered a number of legislative solutions to deal with asbestos litigation, but none has been passed. In the absence of a national solution state courts are taking steps to protect their businesses as well as injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states create pleura registries in order to move asbestos cases that are not cancerous to an inactive docket, until they become malignant. This ensures that the illest plaintiffs are treated first, and prevents overcrowding on the active docket. It also permits those with nonmalignant illnesses to sue at a later time in the event of developing cancer.
Statute of limitations
The statute of limitations limits the time that an individual can file a lawsuit when they've been injured or ill. It varies by the state and the kind of claim. Mesothelioma patients should contact top attorneys as soon as possible to ensure that their rights are protected before the statute of limitations expires.
The law requires defendants to adopt appropriate safety measures in the production and sales of asbestos-related products. If companies do not take these precautions they are held accountable for any injuries related to asbestos that may occur. Additionally, they have to provide a warning to workers and members of the public about asbestos' dangers.
Asbestos companies could be held responsible for mesothelioma-related injuries due to their negligence and failures to warn asbestos victims of the dangers. They could be held accountable under strict liability or for breach of implied warranties. The company is responsible if it fails to manufacture their products in a safe way for the purpose they were intended.
Most states have some form of the discovery rule which states that the statute of limitations "clock" does not begin until the asbestos victim discovers or should have discovered their injury. This is especially important for asbestos cases due to the long time of latency that is associated with mesothelioma as well as other asbestos-related illnesses.
In addition to the time limit there are other factors that could affect how a person's mesothelioma lawsuit is filed. This includes the type, state, and the location of the asbestos-based product manufacturer.
For example, some states have different statutes of limitations for personal injury and wrongful death claims. The law could also provide certain extensions and exceptions for those with mesothelioma cases that are complex. In addition the victim's military service could be taken into consideration when submitting a mesothelioma lawsuit and could also extend the statute of limitations in certain instances. Asbestos litigation has caused a number of asbestos product manufacturers to fail however, the courts ordered them to set money aside in trust funds for those harmed by their products. In the end, some victims' statute of limitations is extended or waived when filing a claim with an asbestos trust fund.
Discovery
A skilled asbestos lawyer will employ the process of discovery to uncover information that could be beneficial to a client. This tool, when in the hands of a skilled lawyer can speed up the process of litigation. It could also facilitate settlements.
Discovery is an important part of any mesothelioma lawsuit. Attorneys must use this process to obtain documents from companies, such as emails and records, and information about asbestos lawyers products manufactured and sold by a defendant. The discovery process involves speaking with the victim's coworkers, as well as collecting samples from their homes, workplaces or any other location where asbestos might have been present. Asbestos comes in many forms, and lawyers must identify what type of asbestos was used at a particular worksite to determine if a particular product was responsible for the illness of a client.
Companies that make or sell asbestos-containing products understand that their products can cause serious breathing problems. Yet they hid the facts for decades. Only after asbestos manufacturers began to be accused of negligence by workers were they forced to release company records and admit to their negligence.
Asbestos companies and insurance companies attempt to defame studies that show links between asbestos exposure and lung cancer, mesothelioma and other illnesses. In some cases, this effort to discredit the evidence can lead to the abolition of mesothelioma-related claims. However, a seasoned asbestos lawyer can show that a defendant's actions were negligent and violated a legal duty to its clients.
Mesothelioma patients can also bring a breach implied warranty claim against asbestos-related product sellers, in addition to the negligence theory. This duty is violated because asbestos is a danger in its nature, as are many other substances. The plaintiff also has a reasonable expectation of asbestos-containing products delivering as advertised and being suitable for the intended use.
It's easy to feel that your case isn't moving forward during the discovery process. Your attorney will be combing through the vast amount of documents that defendants have submitted, looking for important evidence to strengthen 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 toxic substance. The law that governs asbestos litigation covers such issues as strict liability and negligence and breach of implied warranties and proximate causes. In certain circumstances, a court can also decide to award punitive damages to a plaintiff.
Asbestos lawsuits often include more than one defendant. Many who develop asbestos-related illnesses such as mesothelioma or lung cancer have been exposed to asbestos in numerous locations. This includes factories, mines, Navy ships and on the job at various jobsites. Asbestos litigation is a result of settlements for class actions along with the 20-50-year latency period for many serious diseases.
In an asbestos case, the first step is to determine every possible source of exposure. This could mean looking over 40 or 50 years of work history, as well as a review of Social Security, union, tax and other records.
A lawyer will then have to prove that the defendant breached their duty to the plaintiff by exposing them to asbestos, and that the breach caused the injury. This breach could be the direct result of the exposure, or it could be indirect and occur due to a business's decision not to inform its employees about asbestos' dangers. A lawsuit may also contain allegations of emotional distress.
A jury may also decide to award compensation to a victim for their injury. These damages can cover medical expenses as well as future and past wages, property damage, and pain and suffering. The amount of compensation offered varies from case to case but victims are entitled to fair treatment and respect from the justice system.
A variety of legislative solutions are being considered to cut down on the expense of asbestos litigation. The most significant proposal is to transfer the liability of asbestos exposure-related companies onto bankruptcy trusts or other funds. Both victims and companies have resisted this plan. A lawsuit is often the best way to seek justice for a person who has been diagnosed with an asbestos-related disease. A lawyer with expertise handling asbestos lawsuits can assist victims and their families through this difficult process.