Asbestos Law and Litigation

Asbestos lawsuits are a special class of toxic tort. This long-running mass tort involves thousands of plaintiffs and 8000 defendants.

Companies produced asbestos-containing products over many decades, but they did not disclose the dangers of this poisonous mineral. Their negligence has caused asbestos attorney victims to suffer. Our lawyers are there to help these victims.

Claims

Asbestos is comprised of fibrous minerals that can cause serious illnesses. This includes mesothelioma and lung cancer as well as asbestosis, pleural thickening and scarring of the lungs (pleural plaques). To file an asbestos lawsuit you must prove that exposure to asbestos caused your illness or injury. A licensed attorney can review your situation to determine whether you have grounds 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 varies from case to case. The mesothelioma settlement average is between $1 million and $1.4 million. Your attorney can negotiate on your behalf in order to get you the highest amount of compensation for your losses.

A knowledgeable lawyer is aware of the complexity of asbestos law. They will be able to examine your case to determine if you suffer from an asbestos-related disease and whether it was caused by your work exposure. They will explain to you the various legal options that are available to you. These include workers' compensation, trust fund and litigation.

If you've been diagnosed with an asbestos-related illness it is essential to start a lawsuit as soon as possible. In some instances, asbestos-related diseases can develop years after exposure. A workers' compensation claim might not be able to cover your losses fully.

Many asbestos victims aren't aware that they can file a personal injury lawsuit against the companies that are responsible for their exposure to asbestos. An experienced lawyer can assist you in filing an asbestos lawsuit to receive the compensation you deserve.

Congress has considered a variety of legislative options to deal with asbestos litigation, but none of them have been enacted. In the absence of a national solution to asbestos litigation state courts take action to protect their businesses as well as injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states create pleura registries in order to transfer asbestos cases that are not malignant to an inactive docket, until they turn malignant. This ensures the sickest plaintiffs receive the best treatment and keeps the active docket from becoming crowded. Moreover, it allows those with nonmalignant diseases to sue again at a later time when they develop malignancies.

Statute of limitations

The statute of limitations limits the time period in which a person may pursue a lawsuit for an injury or illness. The time limit for filing a lawsuit varies depending on the state and type. Mesothelioma patients should consult top lawyers immediately to secure their rights before the statute of limitations expires.

The law requires defendants take appropriate safety measures during the manufacturing and sale of asbestos-based products. Companies are accountable for any injuries resulting from their inability to follow these steps. Additionally, they must provide workers and the general public about the dangers of asbestos.

Asbestos companies may be held accountable for mesothelioma related injuries due to their negligence and failures to warn asbestos victims of the risks. They could be held accountable under strict liability or in breach of implied warranties. The company is accountable if it fails to manufacture their products in a safe way to meet the purpose for which they were designed.

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 discovered it. This is especially important in asbestos cases due to the lengthy latency period that is that is associated with mesothelioma and various asbestos-related diseases.

There are other aspects aside from the statute of limitations, that can affect how mesothelioma cases are filed. This includes the type of claim, the state where they reside as well as the location where they were exposed to asbestos, and the location of asbestos lawyers product manufacturers.

Certain states, like have different laws on personal injury and wrongful death claims. The law could also provide certain exceptions and extensions for people who have mesothelioma-related cases that are complex. In some instances the victim's involvement in the military may also be considered when submitting a claim to the court for mesothelioma. Many asbestos product manufacturers went under in the wake of asbestos litigation, however, the courts ordered them set aside money in trust funds for those injured by their products. Certain victims' statutes of limitations may be extended or waived in the event of a claim through an asbestos trust fund.

Discovery

A good asbestos lawyer can make use of the discovery process to uncover details that can aid in the client's case. In the hands of a skilled lawyer this tool can speed up the process of litigation and help settle cases more quickly.

The discovery process is an essential part of every mesothelioma case. Through it, attorneys must get company documents, like records and emails as well as details about asbestos-related products that defendants produced and sold. The discovery process also involves conducting interviews with victims' co-workers as well as seeking samples from homes, work sites, and other areas where asbestos might be present. Asbestos comes in a variety of forms, and lawyers must determine which type of asbestos was used at a specific workplace to determine if that specific product was responsible for the illness of a client.

Companies that make or sell asbestos-containing products understand that their products can cause serious breathing issues. However they continued to conceal the information for decades. It was only after asbestos producers began to be accused of negligence by workers were they forced to disclose company records and admit to their negligence.

Insurance companies and asbestos companies attempt to defame studies that show the link between asbestos exposure and lung cancer, mesothelioma and other cancers. In some cases the attempts to discredit evidence can result in the dismissal of mesothelioma claims. However, a seasoned asbestos attorney lawyer can prove that the defendant's actions were negligent and breached an obligation to its clients.

In addition to the normal negligence theory, mesothelioma patients can bring a breach of implied warranty claim against companies that sell asbestos products. The breach of this obligation is based on the fact that asbestos, as many other substances, is intrinsically hazardous. The plaintiff also has reasonable expectations of asbestos-containing products working as advertised and being suitable for the intended use.

The process of discovery can be long and arduous It is easy to believe that nothing is happening with your case. Your lawyer will be looking through the plethora of documents defendants have sent in search of evidence to support your case.

Trial

A person who has contracted an asbestos-related disease may be able to recover damages from the companies who exposed them to the harmful substance. The law that governs asbestos litigation covers matters such as strict liability, negligence and breach of implied warranties and the proximate cause. In certain cases, a court can decide to award punitive damages to the plaintiff.

Asbestos lawsuits typically include more than one defendant. Many patients who develop mesothelioma lung cancer or other asbestos-related diseases were exposed to asbestos in a myriad of places. Manufacturing plants, mines and Navy ships are all examples. Asbestos litigation involves class action settlements along with the 20-50-year latency period for various serious diseases.

The first step in an asbestos case is to identify each potential source of exposure. This can require review of 40 or 50 years of work history as well as a review of Social Security, union, tax, and other documents.

A lawyer must then establish that the defendant acted in breach of their obligation to the plaintiff by exposure to asbestos and that the breach led to 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 to not warn its employees about the dangers of asbestos. A lawsuit usually includes allegations of emotional distress.

A jury may also decide to award compensation to a victim for their injury. These damages may include medical bills and lost wages in the past or future, property damage, and discomfort and pain. The amount of compensation will vary from case-to-case. However, victims are entitled to fair treatment by the courts.

A variety of legislative solutions are being considered to lower the cost of asbestos litigation. The most important suggestion is to transfer liability from companies responsible for asbestos exposure onto bankruptcy trusts or other funds. This proposal has been rebuffed by both the victims and the companies. A lawsuit could be the best way to get justice for someone who has been diagnosed with an asbestos-related disease. A lawyer who has experience handling asbestos claims can assist victims and their families through this difficult process.