Asbestos Law and Litigation
Asbestos lawsuits are a distinct class of toxic tort. This long-running mass tort has thousands of claimants and thousands of defendants.
Companies produced asbestos-containing products for many years without revealing the dangers posed by this poisonous mineral. These companies' negligence has caused asbestos victims to be harmed. Our lawyers help these injured victims.
Claims
Asbestos is a class of fibrous minerals which can cause serious illnesses. This includes mesothelioma, lung cancer, asbestosis, pleural thicknessening, and scarring in the lung (pleural plates). To bring a lawsuit against asbestos you must prove that exposure to asbestos caused your illness or injury. A licensed attorney will review your case and determine if there is an argument to file an action.
The law says that you can recover damages for your physical and emotional injuries. The amount you can be awarded will differ from case to case. The average mesothelioma settlement is $1 million to $1.4 million. Your attorney can negotiate for you to get the best compensation possible for your losses.
An experienced lawyer will know the intricacies of asbestos law. They can examine your case to determine whether you have asbestos-related illnesses and if it was caused by occupational exposure. They will also explain to you the various legal options available to you. These include workers compensation, trust funds, and litigation.
If you have been diagnosed with an asbestos-related illness it is essential to make a claim as soon as you can. In certain cases asbestos-related illnesses can develop decades after exposure. A workers' compensation claim might not cover your losses completely.
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 help you file an asbestos-related lawsuit to get the compensation that you deserve.
Congress has considered a variety of legislative options to deal with asbestos litigation, but none have been passed. In the absence a federal solution to asbestos litigation, state courts take actions to protect their businesses as well as injured plaintiffs. For instance, judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are creating Pleura registries to move nonmalignant asbestos claims to an inactive docket until they are malignant. This ensures that the illest plaintiffs are treated first, and prevents overcrowding the docket. It also allows plaintiffs who have non-malignant diseases to sue in the future should they develop cancer.
Statute of limitations
The statute of limitations restricts the time frame in which a person may pursue a lawsuit for an injury or illness. The time frame for filing a lawsuit is different according to the state and type. Mesothelioma patients should contact top lawyers as soon as possible to ensure that their rights are secured before the time limit expires.
The law requires defendants to take appropriate safety measures in the manufacturing and sale of asbestos-related products. Companies are accountable for any injuries caused by their inability to take these precautions. They must also inform workers and the public about asbestos' dangers.
Asbestos companies could be held responsible for mesothelioma-related injuries due to their negligence and inability to inform asbestos victims of the dangers. They could also be held accountable under strict liability and 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.
The majority of states have a "discovery" rule that says the statute of limitations "clock" doesn't start until the asbestos victim has discovered their injury or discovered it. This is especially important in asbestos cases due to the long latency periods associated with asbestosis, mesothelioma and many other asbestos-related illnesses.
There are other aspects aside from the statute of limitations, which can influence the manner in which mesothelioma cases are filed. This includes the type, state and location of the asbestos product manufacturer.
Certain states, like have distinct statutes for personal injury and wrongful death claims. There may be exceptions or extensions in the law for victims who have mesothelioma claims that are complex. In some cases, the victim's service in the military may also be taken into account when submitting a claim for mesothelioma. Asbestos litigation led to many asbestos-related companies to go bankrupt, but the courts required them to save money in trust funds to help those harmed by their products. Certain victims' statutes limitations can be extended or waived in the event of a claim through an asbestos trust fund.
Discovery
A good asbestos lawyer will use the discovery process in order to discover information that could be helpful to a client. This tool, in the hands of an experienced attorney, can speed up litigation. It could also facilitate settlements.
Discovery is an important part of any mesothelioma trial. Attorneys need to use this process to get documents from a company, such as emails and records, and information about asbestos products manufactured and sold by a defendant. The discovery process involves interviewing the victim's coworkers, and also obtaining samples from their homes, workplaces or any other location where asbestos may be present. Asbestos can come in many forms, and lawyers must determine which type of asbestos was used at a particular workplace to determine if that specific product contributed to the client's illness.
Companies that produce and sell asbestos-containing items knew that their products could trigger serious breathing issues. However, Hartford asbestos lawsuits continued conceal this information for decades. It was only when asbestos asbestos workers started lawsuits against asbestos manufacturers that they were forced to reveal the company's records and admit that they had acted negligently.
Asbestos-related companies and insurance companies attempt to defame studies that demonstrate connections between asbestos exposure and mesothelioma, lung cancer and other illnesses. In some instances this attempt to defame the evidence can lead to the denial of mesothelioma lawsuits. A seasoned asbestos lawyer however, can show that the defendant's actions were negligent or breached its legal obligation to its customers.
Mesothelioma patients may also bring the claim of breach of implied warranty against asbestos-related sellers, in addition to the negligence theory. The breach of this duty is based on the fact that asbestos, like many other substances, is innately dangerous. Furthermore the plaintiff has reasonable expectations that asbestos-containing products will perform as advertised and are suitable for their intended use.
It is easy to feel that your case is not progressing through the discovery process. Your attorney will be busy searching through the huge amount of documents that defendants have provided in search of evidence to strengthen your case.
Trial
When a plaintiff has developed an asbestos-related condition, he or she may recover damages from the companies who exposed them to the toxins. The law that governs asbestos litigation addresses issues like strict liability and negligence and breach of implied warranties and the proximate cause. In certain situations, a court can give punitive damages to a plaintiff.
Asbestos lawsuits typically involve more than one defendant. Many people who suffer from asbestos-related diseases like mesothelioma or lung cancer have been exposed to asbestos at dozens of different places. Manufacturing plants, mines and Navy ships are just a few examples. Asbestos litigation is a result of settlements in a class action as well as the 20-50-year time frame for the latency of numerous serious diseases.
In an asbestos case the first step is to pinpoint the source of exposure. This could involve studying the work history for 40 or 50 years, and also Social Security, union records tax records, other documents.
The next step is to show that the defendant violated its obligation to the plaintiff by exposing him or her to asbestos and that the breach caused the injury. This breach could be a direct result of the exposure or it could be indirect and result because of a company's decision not to inform its workers about asbestos' dangers. A lawsuit can also include allegations of emotional distress.
Finally, a jury can give a plaintiff compensation for the injury. These damages can be used to pay medical bills, past and future lost wages, property damage and pain and suffering. The amount of compensation is different from case to case however, victims need fair treatment and respect from the courts.
There are a variety of legislative options to cut down on the expense of asbestos litigation. The most important proposal would transfer the responsibility of asbestos exposure companies onto bankruptcy trusts or other funds. This proposal has been rebuffed by both the victims and the companies. A lawsuit could be the best method of obtaining justice for someone who has been diagnosed as having an asbestos-related disease. A lawyer with expertise handling asbestos lawsuits can aid victims and their families through this challenging process.