Asbestos Law and Litigation Asbestos lawsuits are a special class of toxic tort cases. This long-running mass tort involves thousands of claimants, and thousands of defendants. These companies manufactured asbestos-containing substances for many decades, without warning about the dangers. Their negligence has caused asbestos victims to suffer. Our lawyers assist those who have been injured. Claims Asbestos is one of the fibrous minerals that can lead to serious illnesses. This includes mesothelioma and asbestosis, lung cancer swelling of the pleural membrane, and scarring in the lung (pleural plates). To file a claim for asbestos, you must prove that asbestos exposure caused your illness or injury. An experienced attorney will evaluate your situation and determine if there is an argument to file a claim. The law states that you can recover damages for your physical and emotional injuries. The amount you could be awarded differs 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 understands the complexities of asbestos law. They know how to analyze your case in order to determine if you suffer from an asbestos-related disease and whether it was caused by work-related exposure. They will also explain the various legal options you have such as workers compensation as well as trust funds and litigation. It is crucial to submit a claim when you are diagnosed with an asbestos-related disease. In certain cases, asbestos-related diseases can develop decades after exposure. In asbestos exposure litigation , a worker' compensation claim may not be sufficient to cover your losses. Many asbestos victims don't realize that they can claim compensation from companies that are responsible for their exposure to asbestos. A lawyer with experience can help you file an asbestos-related lawsuit to receive the compensation you are entitled to. While Congress has pondered a range of legislative solutions to deal with the asbestos litigation crisis however none of them has been approved. In the absence of a national solution state courts are taking measures to protect their businesses and injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states have created pleura registries to move nonmalignant asbestos cases to an inactive docket, until they are diagnosed as malignant. This ensures the sickest plaintiffs receive the best treatment possible and stops the active docket from becoming too crowded. It also allows plaintiffs with nonmalignant illnesses to sue in the future if they develop cancer. Statute of limitations The statute of limitations restricts the time period in which an individual is able to bring a lawsuit if they have been injured or become ill. It is different for each the state and the type of claim. Mesothelioma patients should consult top attorneys immediately to protect their rights before the statute of limitation expires. The law requires defendants to take appropriate safety measures during the production and sale of asbestos-based products. When companies fail to take such precautions they are accountable for any related injuries that may occur. They also have to inform employees and the general public about the dangers of asbestos. Asbestos-related companies could be held liable for mesothelioma injuries because of the company's negligence and inability to warn asbestos victims about the risks. They could also be held responsible 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. Many states have some version of the discovery rule which states that the statute of limitations clock does not start until the asbestos victim has discovered or should have realized their injury. This is especially important for asbestos cases because of the long latency period that is associated with mesothelioma and various asbestos-related illnesses. There are other factors, besides the statute of limitation, that could affect the way a mesothelioma case is filed. This includes the type, state and location of the asbestos product manufacturer. Some states, for example, have different statutes on personal injury and wrongful death claims. There are exemptions or extensions to the law for those who have mesothelioma claims that are complex. In some cases the victim's time in the military could be considered when submitting a claim 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 through an asbestos trust fund. Discovery A skilled asbestos lawyer can use the discovery process to discover facts that could aid a client's case. This tool, in the hands of a skilled attorney can speed up the process of litigation. It can also help in settling cases. The process of discovery is a key part of every mesothelioma lawsuit. Through it, attorneys need to collect company documents, such as records and emails, as well as details about asbestos-related products that defendants produced and sold. The discovery process involves interviewing the victim's coworkers, as well as obtaining samples from their workplaces, homes or any other location where asbestos might be present. Asbestos can come in many forms, and the lawyers must determine what kind of asbestos was used at a specific worksite to determine if that 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 problems. However, they continued to conceal this information for decades. Only after asbestos manufacturers began to be sued by workers were they forced to disclose company records and admit to their incompetence. Insurance companies and asbestos companies attempt to defame studies that prove the link between asbestos exposure and lung cancer, mesothelioma and other cancers. In some cases the attempt to discredit the evidence could lead to the abolition of mesothelioma-related claims. A skilled asbestos lawyer however, can prove that the defendant's actions were negligent or in breach of its legal obligation to its clients. In addition to the usual negligence theory, mesothelioma sufferers can bring a breach of implied warranty claim against companies that sell asbestos-related products. The breach of this duty is based on the fact that asbestos, like many other substances, is intrinsically hazardous. The plaintiff also has an expectation that asbestos-containing products delivering according to the specifications and being safe for their intended use. It's easy to feel that your case isn't progressing through the discovery process. But, your lawyer will be hard at work combing through the massive amount of documents received from defendants in search of any significant evidence that can help your case and increase your chances of winning compensation. Trial A plaintiff who has contracted an asbestos-related disease may be able to recover damages from the companies that exposed them to the toxic substance. The asbestos law covers such issues as strict liability and negligence and breach of implied warranties and proximate causes. In certain circumstances, a court can decide to award punitive damages to the plaintiff. Asbestos lawsuits typically involve more than one defendant. Many people who suffer from asbestos-related diseases such as mesothelioma and lung cancer were exposed to asbestos at dozens of different places. This includes mines, manufacturing plants, Navy ships and on the job at various sites. Asbestos litigation is a result of settlements for class actions as well as the 20-50-year latency period of various serious diseases. In the case of asbestos the first step is to pinpoint the source of exposure. This could mean looking over the work history of 40 or 50 years, as well as Social Security, union records, tax records, and other records. The next step is to demonstrate that the defendant did not fulfill its duty to the plaintiff by exposing the plaintiff to asbestos, and that this breach led to the injury. This breach could be the direct result of the exposure, or it could be indirect and occur due to a company's decision not to warn its employees about asbestos's dangers. A lawsuit may also contain allegations of emotional distress. In the end, a jury may award a plaintiff compensatory damages for his or her injury. These damages could include medical bills as well as lost wages in the past and future, property damage, and discomfort and pain. The amount of compensation varies 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 costs associated with asbestos litigation. The most important proposal would transfer the liability of companies responsible for asbestos exposure onto bankruptcy trusts or other funds. Both victims and companies have resisted this plan. A lawsuit is usually the best way to seek justice for someone who has been diagnosed with an asbestos-related condition. A lawyer with expertise in handling asbestos cases can help victims and their families through this difficult process.
asbestos exposure litigation
