Asbestos Law and Litigation
Asbestos lawsuits are a distinct category of toxic tort cases. This long-running mass tort entails thousands of plaintiffs and 8,000 defendants.
These companies manufactured asbestos-containing materials for many years, but without warning about the dangers. The negligence of these companies has caused asbestos victims to suffer. Our lawyers help these injured victims.
Claims
Asbestos is composed of fibrous minerals which can cause serious illnesses. This includes mesothelioma and lung cancer, but also asbestosis, pleural thickening and scarring of the lungs (pleural plaques). To bring a lawsuit against asbestos you must prove that exposure to asbestos has caused your injury or illness. An experienced attorney will evaluate your situation and determine if there is a basis for a claim.
According to the law, you can be awarded damages for physical and emotional injuries. The amount you can be awarded will vary from case to case. The median settlement for mesothelioma is between $1 million and $1.4 million. Your attorney can negotiate on your behalf to get you the highest amount of compensation for your losses.
An experienced lawyer will understand the intricate details of asbestos law. They will be able to investigate your case to determine if you have an asbestos-related disease and whether it was caused by your work exposure. They will provide you with the various legal options available to you including workers compensation as well as trust funds and litigation.
It is important to submit a claim when you are diagnosed with an asbestos related disease. In some instances it can take a long time for an asbestos-related illness to develop following exposure. In addition, a workers compensation claim may not fully compensate you for your losses.
Many asbestos victims are not aware that they are able to pursue personal injury claims against companies responsible for their exposure to asbestos. An experienced attorney can help you file an asbestos lawsuit to get the amount of compensation you need.
While Congress has pondered a range of legislative solutions to deal with the asbestos litigation issue but none of them have been enacted. In the absence of a federal solution, state courts are taking measures to protect their companies and injured plaintiffs. For example, judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are creating pleura registries to shift nonmalignant asbestos claims to an inactive docket, until they become malignant. This ensures the sickest plaintiffs receive the best treatment possible and stops the active docket from becoming overcrowded. Additionally, it allows those who have nonmalignant illnesses to bring a case at a later time in the event that they develop malignancies.
Statute of limitations
The statute of limitations restricts the time that an individual can sue when they've been injured or ill. The time limit for filing a lawsuit varies depending on the state and type. Mesothelioma patients should contact top attorneys promptly to ensure that their rights are protected before the statute of limitations expires.
The law requires defendants to adopt appropriate safety precautions in the production and sale of asbestos products. Companies are responsible for any injuries resulting from their failure to take these precautions. They must also inform workers and the general public about asbestos' dangers.
Asbestos-related companies could be held accountable for mesothelioma related injuries resulting from the negligence of the company and its inability to inform asbestos victims about the risks. They could also be held responsible under strict liability and breach of implied warranties. The latter essentially means the company did not manufacture its products in a way that is suitable for their intended use.
The majority of states have a "discovery" rule that states that the statute of limitation "clock" doesn't begin until an asbestos victim discovers their injury or should have discovered it. This is particularly important in asbestos cases due to the lengthy latency period that is associated with mesothelioma and other asbestos-related illnesses.
There are other aspects apart from the statute of limitations which can influence the manner in which mesothelioma cases are handled. This includes the type, state and the location of the asbestos-based product manufacturer.
For instance, certain states have different statutes of limitation for personal injury and wrongful death claims. The law could also provide 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-related companies went bankrupt because of asbestos litigation, however, the courts ordered them to set trust funds for those harmed by their products. Therefore, certain victims' statutes of limitation can be extended or waived when filing a claim with an asbestos trust fund.
Discovery
A good asbestos lawyer will use the discovery process in order to uncover information that could be helpful to a customer. If handled by an experienced attorney this tool can speed up litigation and help settle cases more quickly.
Discovery is an important part of any mesothelioma case. Attorneys have to utilize this method to obtain documents from a company, such as records and emails, and information about asbestos products manufactured and sold by the defendant. The discovery process also involves interviewing victims' coworkers and taking samples from homes, work sites, and other locations where asbestos might have been present. Asbestos is available in many forms. Lawyers must identify which type of asbestos was present at a particular workplace to determine if it was the cause of the client's disease.
Companies that produce or sell asbestos-containing products know that their products can cause serious breathing problems. But, they continued to hide this information for years. Only after asbestos manufacturers began to be sued by workers were they forced to disclose company records and admit their negligence.
Asbestos companies and insurance firms frequently attempt to discredit studies that demonstrate the connection between asbestos exposure and mesothelioma and lung cancer and other illnesses. In some cases attempts to undermine evidence can result in the dismissal of a mesothelioma case. A seasoned asbestos lawyer however, can prove that the defendant's actions were negligent or in breach of its legal obligation to its customers.
In addition to the standard negligence theory, mesothelioma patients can also file a breach of implied warranty claim against firms that sell asbestos-related products. This duty is breached because asbestos is dangerous by nature, just like many other substances. The plaintiff also has reasonable expectations of asbestos-containing products performing according to the specifications and being safe for their intended use.
The discovery process can be long and frustrating It's easy to think that nothing is happening in your case. Your attorney will be busy looking through the plethora of documents provided by 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 illness could be able recover damages from companies who exposed them harmful substance. The law governing asbestos litigation covers matters like strict liability as well as negligence, breach of implied warranties and proximate cause. A court can award a plaintiff punitive damages as well in certain circumstances.
Asbestos claims typically involve more than one defendant. Many people who develop asbestos-related illnesses such as mesothelioma or lung cancer have been exposed to asbestos in many different locations. These include factories, mines, Navy ships and on working at various job sites. Asbestos litigation is a result of settlements for class actions along with the 20-50-year time frame for the latency of numerous serious diseases.
The first task in an asbestos case is to determine every potential source of exposure. This could involve reviewing the work history of 40 or 50 years, and also Social Security, union records as well as tax records and other records.
A lawyer will then have to establish that the defendant acted in breach of their duty to the plaintiff by the exposure of asbestos to them, and that this breach caused the injury. This breach could be a direct result of the exposure, or it could be indirect and result due to a business's decision not to warn its workers about the dangers of asbestos. A lawsuit also typically includes allegations of emotional distress.
A jury may also award compensation to a plaintiff for injuries. These damages could include medical bills and lost wages in the past and future, property damage, and pain and discomfort. Vacaville asbestos attorneys of compensation varies depending on the case, however, victims deserve fair treatment and respect from the justice system.
Several legislative remedies are proposed to reduce the cost of asbestos litigation. The most significant suggestion would transfer some of the liabilities from the companies responsible for asbestos exposure to bankruptcy trusts and other funds. This approach has been rejected by both victims and companies. A lawsuit can be the best way to get justice for those who have been diagnosed with an asbestos-related condition. A lawyer with experience in asbestos cases can assist the families of victims through this challenging process.