Asbestos Law and Litigation
Asbestos cases are a sub-class of toxic torts. This long-running mass tort involves thousands of claimants, and thousands of defendants.
Companies produced asbestos-containing products over many years without revealing the dangers posed by this harmful mineral. These companies' negligence has caused asbestos victims to suffer. Our lawyers help these injured victims.
Claims
Asbestos is a group of fibrous minerals which can cause serious illnesses. These include mesothelioma and lung cancer as well as asbestosis, pleural thickening and scarring of the lung (pleural plaques). In order to make an asbestos lawsuit it must be proved that exposure to asbestos caused the injury or illness. An experienced attorney can evaluate your case to determine if you have a valid claim.
The law says that you may be able to recover damages for your physical and emotional injuries. The amount you will be awarded will vary 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 settlement for your losses.
An experienced lawyer understands the complexities of asbestos law. They know how to analyze your case in order to determine whether you suffer from an asbestos-related condition and if it was caused by work-related exposure. They will also explain to you the various legal options available to you. These include workers' compensation, trust fund and litigation.
It is crucial to file a claim as soon as you are diagnosed with an asbestos-related disease. In some instances, it can take decades for an asbestos-related illness to develop following exposure. Workers' compensation claims might not be able to cover your losses in full.
Many asbestos victims do not realize that they are able to sue the companies that caused their exposure to asbestos. An experienced attorney can assist you file an asbestos lawsuit to receive the compensation you need.
While Congress has pondered a range of legislative solutions to deal with the asbestos litigation crisis but none of them have been enacted. In the absence of a federal solution state courts are taking action to protect their companies and injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states establish pleura registries to move nonmalignant asbestos cases to an inactive docket, until they turn malignant. This ensures that the sickest plaintiffs are treated first, and prevents overcrowding the docket. Moreover, it allows those who have nonmalignant illnesses to bring a case at a later date when they develop malignancies.
Statute of limitations
The statute of limitations restricts the time that an individual can file a lawsuit if they have been injured or ill. It varies according to the state and the type of claim. Mesothelioma patients should contact top lawyers immediately to protect their rights before the statute of limitation expires.
The law requires defendants take proper safety measures when they production and sales of asbestos-related products. The company is responsible for any injuries that result from their inability to follow these steps. They must also inform workers and the public about the dangers of asbestos.
Asbestos companies can be held liable for mesothelioma related injuries resulting from the company's negligence and inability to inform asbestos victims of the dangers. They can be held responsible under strict liability or for breach of implied warranties. This basically means that the company failed to manufacture its products in a manner that is safe for their intended purpose.
The majority of states have a form of the discovery rule, which holds that the statute of limitations "clock" does not begin until the asbestos victim discovers or should have discovered their injuries. This is particularly relevant for asbestos cases because of the long time of latency associated with mesothelioma and other asbestos-related illnesses.
There are other aspects aside from the statute of limitation, that could affect the way mesothelioma cases are handled. This includes the nature of the claim, state where they reside and where they were exposed and the location of asbestos product's manufacturer.
For instance, certain states have different statutes of limitations for personal injury and wrongful death lawsuits. The law could also provide certain exceptions and extensions for people with complex mesothelioma cases. In some instances the victim's time in the military could be taken into account when filing a claim for mesothelioma. Many asbestos product manufacturers went under in the wake of asbestos litigation, but courts ordered them to put trust funds for those injured by their products. Therefore, certain victims' statutes of limitations will be extended or waived when filing a claim with an asbestos trust fund.
Discovery
A competent asbestos lawyer will utilize the process of discovery to discover information that could be helpful to a client. This tool, in the hands of an experienced attorney, can speed up the process of litigation. It could also facilitate settlements.
Discovery is a crucial element of any mesothelioma case. Attorneys need to use this procedure to get documents from a company, such as emails and records, and information about asbestos products manufactured and sold by a defendant. The process of discovery also includes conducting interviews with victims' co-workers as well as seeking samples from their homes, workplace sites, and other areas where asbestos might be present. Asbestos comes in many forms. Lawyers must determine what type of asbestos was present at a particular work site to determine if it was the cause of the client's disease.
Companies that manufacture and market asbestos-containing items knew that their products could cause serious breathing issues. However they continued to conceal the facts for decades. It wasn't until workers began filing lawsuits that asbestos producers were asbestos litigation jobs forced to disclose company records and admit that they had been negligent.
Asbestos companies and insurance companies attempt to discredit studies that prove links between asbestos exposure and lung cancer, mesothelioma and other cancers. In some instances, this effort to discredit the evidence could lead to the abolition of mesothelioma-related claims. A skilled asbestos lawyer however, can show that the defendant's actions were negligent or in breach of its legal duty to customers.
In addition to the normal negligence theory, mesothelioma victims may also bring a breach of implied warranty claim against companies that sell asbestos-related products. The breach of this obligation is based on the fact that asbestos, as many other substances, is intrinsically hazardous. The plaintiff also has an expectation that asbestos-containing products working according to the specifications and being safe for the purpose they were intended to be used.
It's easy to believe that your case is not moving forward during the discovery process. Your attorney will be hard at work combing through the massive amount of documents received from defendants in search of any significant evidence that could strengthen your case and increase your chances of obtaining compensation.
Trial
If a plaintiff suffers from an asbestos-related disease, he or she may seek compensation from the companies that exposed him or her to the toxic substance. The asbestos law covers such matters as strict liability and negligence as well as breach of implied warranties, and proximate causes. A court may award the plaintiff punitive damages as well in certain cases.
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 variety of places. This includes mines, manufacturing plants, Navy ships and on the job at various sites. Asbestos litigation also involves settlements for class actions as well as the 20-50 year period of latency for a variety of serious illnesses.
The first step in an asbestos-related case is to determine every potential source of exposure. This could mean looking over 40 or 50 years of work history, as well as reviewing Social Security, union, tax and other documents.
Next, a lawyer must prove that the defendant breached its duty to the plaintiff by exposing him or her to asbestos and that this breach led to the injury. This breach can be directly resulting from exposure, or indirectly caused by a company's failure to warn workers about asbestos hazards. A lawsuit may also contain allegations of emotional distress.
A jury may also give a plaintiff compensation in the event of an injury. These damages could cover medical bills as well as future and past lost wages, property damage and pain and suffering. The amount of compensation offered varies from case to case, however, victims need fair treatment and respect from the justice system.
A variety of legislative solutions are being considered to lower the cost 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 claims can guide victims and their families during this difficult process.