Asbestos Law and Litigation
Asbestos lawsuits are a distinct class of toxic tort. This long-running mass injury has thousands of claimants, and thousands of defendants.
Companies produced asbestos-containing products for many decades, but they did not disclose the dangers posed by this poisonous mineral. Their negligence has caused asbestos victims to suffer. Our lawyers help these injured victims.
Claims
Asbestos is a group of fibrous minerals which can cause severe illnesses. This includes mesothelioma and lung cancer, but also asbestosis, pleural thickening and scarring of the lungs (pleural plaques). To file an asbestos lawsuit, you must prove that exposure to asbestos caused your injury or disease. A licensed attorney can review your case to determine if you have a valid claim.
The law says 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 mesothelioma settlement average is between $1 million and $1.4 million. Your attorney can negotiate for you to obtain the best settlement for your losses.
An experienced lawyer will know the intricacies of asbestos law. They can investigate your case in order to determine if you suffer from asbestos-related diseases and if it was caused by occupational exposure. They will also 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 essential to file an insurance claim when you are diagnosed with an asbestos-related disease. In certain cases asbestos-related diseases can manifest years after exposure. A workers' compensation claim may not cover your losses fully.
Many asbestos victims aren't aware that they can file a personal injury lawsuit against the companies responsible for their asbestos exposure. An experienced attorney can assist you file an asbestos lawsuit to get the compensation you are entitled to.
Congress has considered a number of legislative remedies to address asbestos litigation, but none of them have been enacted. In the absence a federal solution to asbestos litigation state courts have taken actions to protect their businesses and 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 who have non-malignant diseases to sue in the future in the event of developing cancer.
Statute of limitations
The statute of limitation limits the time frame within which an individual can sue if they have been injured or become ill. It varies according to the state and the type of claim. Mesothelioma patients should contact top attorneys immediately to protect their rights before the statute of limitations expires.
The law requires defendants take appropriate safety measures in the manufacturing and sale of asbestos-based products. Companies are responsible for any injuries caused by their failure to follow these steps. Additionally, they must provide an education to employees and the general public about asbestos' dangers.
Asbestos companies can be held accountable for mesothelioma related injuries resulting from the negligence of the company and its inability to warn asbestos victims about the risks. They can also be held liable under strict liability and breach of implied warranties. This basically means that the company did not manufacture its products in a way that is safe for the purpose they were intended to serve.
The majority of states have a discovery rule that says the statute of limitations "clock" doesn't start until an asbestos victim discovers their injury, or has discovered it. This is particularly important for asbestos cases due to the long latency period associated with mesothelioma and other asbestos-related diseases.
In addition to the time limit, there are several other factors that could affect how a person's mesothelioma claim is handled. This includes the nature of the claim, the state where they reside and the location where they were exposed, and the location of asbestos-based product's manufacturers.
For instance, certain states have different statutes of limitations for personal injury and wrongful death lawsuits. The law may also contain certain exceptions and extensions for victims with mesothelioma cases that are complex. In certain cases the victim's involvement in the military may also be considered when filing a claim for mesothelioma. Many asbestos product manufacturers went bankrupt because of asbestos lawyers litigation, but the courts ordered them to put trust funds for those who were affected by their products. Consequently, some victims' statute of limitations is extended or waived when filing a claim with an asbestos trust fund.
Discovery
A good asbestos lawyer can utilize the discovery process to uncover facts that could aid a client's case. This tool, when in the hands of an experienced lawyer, can speed up litigation. It can also make settlements easier.
The discovery process is a key part of every mesothelioma lawsuit. Attorneys have to utilize this process to obtain documents from the company, like emails and records, and details about asbestos-related products made and sold by a defendant. The discovery process also involves conducting interviews with victims' co-workers as well as seeking samples from their homes, workplace sites, and other areas where asbestos may be present. Asbestos comes in a variety of forms, and the lawyers must identify what type of asbestos was used at a particular worksite to determine if that specific product caused a client's illness.
Companies that make or sell asbestos-containing products are aware that their products could cause serious breathing issues. However, they continued to hide the information for a long time. It wasn't until workers began filing lawsuits that asbestos producers were forced to reveal the company's records and admit they were negligent.
Asbestos-related companies and insurance companies attempt to discredit studies that show the link between asbestos exposure and lung cancer, mesothelioma and other diseases. In some instances the attempt to discredit the evidence can lead to the dismissal of mesothelioma claims. However, a skilled asbestos lawyer can show that a defendant's actions were negligent and in violation of a legal duty to its customers.
In addition to the usual negligence theory, mesothelioma patients may also bring a breach of implied warranty claim against companies that sell asbestos products. The breach of this obligation is based on the fact that asbestos attorney, like many other substances, is inherently dangerous. Furthermore the plaintiff has a reasonable expectation that asbestos-containing products will perform as advertised and are suitable for their intended use.
The process of discovery can be long and arduous, and it is easy to think that nothing is happening in your case. Your attorney will be busy looking through the plethora of documents that defendants have sent, looking for important evidence to bolster your case.
Trial
If a plaintiff suffers from an asbestos-related illness is diagnosed with an asbestos-related illness, the plaintiff can recover damages from the companies who exposed them to the toxic substance. The asbestos law covers such issues as strict liability and negligence as well as breach of implied warranties and proximate causes. A court could decide to award the plaintiff punitive damages in certain cases.
Asbestos lawsuits typically include more than one defendant. Many people who suffer from asbestos-related illnesses such as mesothelioma or lung cancer have been exposed to asbestos in many different 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 latency period of numerous serious diseases.
The first step in an asbestos case is to determine every possible source of exposure. This could involve looking over the work history of 40 or 50 years, in addition to Social Security, union records tax records, other records.
A lawyer must then prove that the defendant breached their obligation to the plaintiff by the exposure of asbestos to them, and that the breach resulted in the injury. This can be directly resulting from exposure, or indirectly caused by a company's failure to warn employees about asbestos dangers. A lawsuit typically includes allegations of emotional distress.
A jury can also give compensation to a plaintiff for their injury. These damages may include medical bills as well as lost wages in the past or future damages to property, discomfort and pain. The amount of compensation is different from case to case however, victims need fair treatment and respect from the justice system.
A variety of legislative solutions have been suggested to cut down the cost of asbestos litigation. The most important suggestion is to transfer liability from asbestos attorneys exposure companies onto bankruptcy trusts or other funds. This approach has been rejected by both the victims and the companies. A lawsuit is often the best method of seeking justice for a person who has been diagnosed with an asbestos-related disease. A lawyer who has experience with asbestos cases can assist victims and their families through this difficult process.