Asbestos Law and Litigation

Asbestos lawsuits are a special class of toxic tort. This long-running mass injury involves thousands of claimants and 8,000 defendants.

Companies manufactured asbestos-containing products for many decades, but they did not disclose the dangers posed by this poisonous mineral. Asbestos victims have suffered as a result of the negligence of these companies. Our lawyers assist these injured victims.

Claims

Asbestos is a class of fibrous minerals which can cause severe illnesses. This includes mesothelioma, asbestosis, lung cancer, swelling of the pleural membrane, and scarring in the lung (pleural plates). To file an asbestos lawsuit it must be established that exposure to asbestos led to your injury or illness. An experienced attorney will evaluate your case and determine if there is any basis for a claim.

According to the law, you are able to receive damages for both physical and emotional injuries. The amount you can be awarded will differ from case to case. The median settlement for mesothelioma is between $1 million and $1.4 million. Your lawyer can negotiate for you to obtain the best compensation possible for your losses.

An experienced lawyer will know the intricacies of asbestos law. They will be able to examine your case to determine whether you have asbestos-related illnesses and if it was caused by occupational exposure. They will provide you with the various legal options available to you including workers' compensation as well as trust funds and litigation.

If you have been diagnosed with an asbestos-related illness, it is important to make a claim as soon as possible. In some cases, asbestos-related diseases can develop decades after exposure. Additionally, a workers compensation claim may not be enough to compensate you for your loss.

Many asbestos victims do not realize that they are able to claim compensation from companies that are responsible for their exposure to asbestos. An experienced attorney can help you make an asbestos lawsuit and receive the amount of compensation you need.

While Congress has pondered a range of legislative solutions to deal with the asbestos litigation issue however none of them has been approved. In the absence of a national solution, state courts are taking steps to protect their businesses as well as injured plaintiffs. For example judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are establishing Pleura registries that shift non-malignant asbestos claims to an inactive docket until they become malignant. This ensures that the most sick plaintiffs receive the best treatment and keeps the active docket from becoming too crowded. Moreover, it allows those with nonmalignant ailments to sue again at a later date in the event that they develop malignancies.

Statute of limitations

The statute of limitations limits the time frame that a person can bring a lawsuit to recover from an injury or illness. The time limit for filing a lawsuit varies according to the state and the type of. Mesothelioma patients must contact top attorneys immediately to secure their rights before the time limit expires.

The law requires defendants to take appropriate safety measures during the production and sales of asbestos-related products. When companies do not take these precautions they are accountable for any related injuries that occur. They must also warn workers and the general public about asbestos' dangers.

Asbestos-related companies could be held accountable for mesothelioma-related injuries due to their negligence or inability to warn asbestos victims of the risks. They may be held liable under strict liability or for breach of implied warranties. The company is accountable if it fails to manufacture their products in a safe way for the intended purpose.

The majority of states have a discovery rule that says the statute of limitation "clock" doesn't begin until the asbestos victim has discovered their injury or should have discovered it. This is especially important in asbestos cases due to the lengthy latency periods associated with asbestosis, mesothelioma and many other asbestos-related diseases.

There are other factors aside from the statute of limitation, that can affect how mesothelioma cases are filed. This includes the type of claim, the state in which they reside, where they were exposed and the location of the asbestos-based product's manufacturers.

For example, some states have different statutes of limitations for personal injury and wrongful death claims. The law could also provide certain exceptions and extensions for people with mesothelioma cases that are complex. Additionally the victim's military experience may be taken into consideration when filing a mesothelioma claim and may extend the statute of limitations in certain cases. Asbestos litigation has caused a number of asbestos-related companies to go under and the courts ordered them to set money aside in trust funds for those who were harmed by their asbestos-related products. Consequently, some victims' statutes of limitation is extended or waived when filing a claim with an asbestos trust fund.

Discovery

A competent asbestos attorneys lawyer will utilize the discovery process in order to uncover information that could be helpful to a customer. This tool, when in the hands of an experienced attorney can speed up litigation. It can also make settlements easier.

The process of discovery is a key part of every mesothelioma case. Attorneys need to use this process to get documents from the company, like emails and records, as well as information on asbestos-related products produced and sold by the defendant. The discovery process involves speaking with the coworkers of the victim, and also obtaining samples from their homes, workplaces or any other location where asbestos might be present. Asbestos comes in many forms. Lawyers must determine which type of asbestos was present at a specific work site to determine if it caused the client's disease.

Companies that manufacture or sell asbestos-containing products are aware that their products could cause serious breathing problems. However, they continued keep this information secret for decades. Only when asbestos manufacturers began to be sued by workers were they forced to disclose company records and admit their negligence.

Insurance companies and asbestos 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 abolition of mesothelioma-related claims. However, a seasoned asbestos lawyer can prove that the defendant's actions were negligent and in violation of a legal duty to its customers.

Mesothelioma patients may also bring the claim of breach of implied warranty against asbestos product sellers in addition to the negligence theory. This duty is violated because asbestos is dangerous by nature, much like many other substances. The plaintiff also has an expectation that asbestos-containing products performing according to the specifications and being suitable for the intended use.

It is easy to feel that your case isn't moving forward during the discovery process. Your attorney will be searching through the huge amount of documents defendants have sent in search of evidence to strengthen your case.

Trial

A person who has contracted an asbestos-related disease could be able to seek damages from the companies that exposed them to the toxic substance. The law governing asbestos litigation addresses issues like strict liability and negligence and breach of implied warranties, and proximate cause. In certain situations, a court can also award punitive damages to the plaintiff.

Asbestos claims typically involve more than one defendant. Many sufferers who develop mesothelioma lung cancer, or other asbestos-related diseases were exposed to asbestos in a myriad of places. Mines, manufacturing plants and Navy ships are all 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 many serious diseases.

In the event of an asbestos-related case, the first step is to determine the source of exposure. This could mean looking over 40 or 50 years of work history and a review of Social Security, union, tax, and other documents.

A lawyer must then show that the defendant violated their obligation to the plaintiff, by exposure to asbestos and that the breach caused the injury. This breach could be the direct result of exposure or it could be indirect and occur due to a business's decision to not warn its employees about asbestos' dangers. A lawsuit will often include allegations of emotional distress.

In the end, a jury may 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 will vary from case to case. However, victims deserve fair treatment from the courts.

Several legislative remedies are proposed to cut down on the expense of asbestos litigation. The most significant suggestion would transfer some of the responsibilities from the businesses responsible for asbestos exposure to bankruptcy trusts and other funds. This idea has been rejected by both the victims and the companies. A lawsuit is usually the most effective method to seek justice for someone who has been diagnosed with an asbestos-related condition. A lawyer with experience in asbestos cases can assist victims and their families during this difficult process.