Asbestos Law and Litigation
Asbestos lawsuits are a distinct class of toxic tort. This long-running mass tort has thousands of plaintiffs and 8000 defendants.
These companies manufactured asbestos-containing materials for many decades, without disclosing its dangers. Asbestos victims have suffered as a result of the negligence of these companies. Our lawyers help these injured victims.
Claims
Asbestos is made up of fibrous minerals which can cause serious health issues. This includes mesothelioma (lung cancer), asbestosis, lung cancer, pleural thicknessening, and scarring in the lungs (pleural plates). To make an asbestos lawsuit it must be established that exposure to asbestos caused your illness or injury. An experienced attorney will evaluate your situation and determine if there is a basis for a claim.
As per the law, you may be awarded damages for physical and emotional injuries. The amount you can be awarded will differ from case to case. The average settlement for mesothelioma is between $1 million and $1.4 million. Your attorney can negotiate on your behalf to secure you the most effective settlement for your losses.
A knowledgeable lawyer is aware of the complexities of asbestos law. They will know how to analyze your case in order to determine if you suffer from an asbestos-related condition and if it was due to work-related exposure. They will also explain the various legal options you have including workers' compensation, trust funds, and litigation.
It is crucial to submit an claim as soon as you are diagnosed with an asbestos-related disease. In some cases it can take a long time for an asbestos-related illness to develop following exposure. In addition, a worker' compensation claim may not be sufficient to cover your losses.
Many asbestos victims do not know that they can sue the companies that caused their exposure to asbestos. An experienced attorney can help you file an asbestos lawsuit to get the compensation you need.
While Congress has considered a variety of legislative options to address the asbestos litigation issue, none have been passed. In the absence a federal solution to asbestos litigation state courts are taking action 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 the sickest plaintiffs receive the best treatment and stops the active docket from becoming crowded. Additionally, it allows those who have nonmalignant illnesses to sue again at a later time if they develop malignancies.
Statute of limitations
The statute of limitations limits the time that an individual is able to file a lawsuit in the event of injury or become ill. It varies by the state and the type of claim. Mesothelioma patients must contact top attorneys immediately to protect their rights before the statute of limitations expires.
The law requires defendants to adopt appropriate safety measures during the production and sale of asbestos-based products. If companies fail to take such precautions they are accountable for any injuries that happen. They must also warn workers and the general public about asbestos' dangers.
Asbestos-related companies could be held liable for mesothelioma injuries because of the company's negligence and inability to warn asbestos victims of the dangers. They may be held liable under strict liability or for breach of implied warranties. The latter essentially means the company has failed to produce 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 states the statute of limitations "clock" does not begin until the asbestos victim has discovered their injury, or has discovered it. This is especially important in asbestos cases due to the long time frames of latency associated with asbestosis, mesothelioma and many other asbestos-related diseases.
There are other factors, besides the statute of limitations, that can affect how mesothelioma cases are handled. This includes the nature of the claim, the state where they reside and where they were exposed and the location of the asbestos product manufacturers.
Certain states, like have distinct statutes for personal injury and wrongful death claims. There could be exemptions or extensions to the law for those with mesothelioma cases that are complex. Additionally the victim's military service could be taken into consideration when filing a mesothelioma case and may extend the time limit for filing a claim in certain instances. Many asbestos product manufacturers went under in the wake of asbestos litigation, but courts ordered them to set aside money in trust funds for those harmed by their products. Certain victims' statutes of limitations can be extended or waived in the event of claims through an asbestos trust fund.
Discovery
A skilled asbestos lawyer will employ the discovery process in order to uncover facts which may be beneficial to a client. This tool, in the hands of a knowledgeable attorney can speed up the process of the process of litigation. It could also facilitate settlements.
Discovery is a crucial element of any mesothelioma lawsuit. Attorneys need to use this procedure to obtain documents from companies, such as emails and records, as well as information on asbestos-related products produced and sold by the defendant. asbestos litigation group involves interviewing a victim's co-workers and collecting samples from homes, employment sites, and other areas where asbestos could be present. Asbestos can come in many forms, and the lawyers must determine which type of asbestos was used at a specific workplace to determine if a particular product caused a client's illness.
Companies that manufacture and sell asbestos-containing products were aware that their products could cause serious breathing problems. Despite this they hid the facts for decades. It wasn't until asbestos workers started filing lawsuits that asbestos producers were forced to reveal the company's records and admit they were negligent.
Asbestos-related companies and insurance companies try to discredit studies that show connections between asbestos exposure and lung cancer, mesothelioma and other illnesses. In some instances the attempt to discredit the research can result in the dismissal of mesothelioma claims. A strong asbestos lawyer, however, can prove that the defendant's actions were negligent or violated its legal obligation to its customers.
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 is because asbestos is dangerous by nature, much like many other substances. The plaintiff also has an expectation that asbestos-containing products delivering according to the specifications and being suitable for the intended use.
The discovery process can be long and frustrating It is easy to think that nothing is happening in your case. Your attorney is busy combing through the massive amount of documents provided by defendants seeking out any crucial evidence that could strengthen your case and increase your chances of winning compensation.
Trial
A person who has contracted an asbestos-related illness may be able to recover damages from the companies who exposed them toxic substance. The law that governs asbestos litigation covers matters such as strict liability, negligence and breach of implied warranties, and the proximate cause. In certain circumstances, a court can also give punitive damages to the plaintiff.
Asbestos claims typically involve more than one defendant. Many patients who develop mesothelioma lung cancer or other asbestos-related diseases were exposed to asbestos in a myriad of places. Manufacturing plants, mines and Navy ships are all examples. Asbestos litigation is a result of settlements for class actions as well as the 20-50-year latency period of many serious diseases.
The first task in an asbestos-related case is to determine each possible source of exposure. This may involve review of 40 or 50 years of work history and reviewing Social Security, union, tax and other documents.
The lawyer then has to demonstrate that the defendant did not fulfill its obligation to the plaintiff by exposing him to asbestos and that the breach caused the injury. This breach can be directly resulting from exposure, or indirect and resulted from a company's inability to warn employees about asbestos dangers. A lawsuit may also contain allegations of emotional distress.
A jury may also give a plaintiff compensation for the injury. These damages could be used to pay medical bills as well as future and past wages, property damage, and pain and suffering. The amount of compensation will differ from case to case. However, victims are entitled to fair treatment by the courts.
Several legislative remedies have been proposed to reduce the costs associated with asbestos litigation. The most important proposal is to 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 the affected and the company. A lawsuit is the best way to get justice for someone who has been diagnosed with an asbestos-related condition. An attorney who has experience handling asbestos claims can assist victims and their families through this difficult process.