Asbestos Law and Litigation
Asbestos cases are a sub-class of toxic torts. This long-running mass injury involves thousands of claimants, and 8,000 defendants.
These companies manufactured asbestos-containing substances for a long time, but without disclosing its dangers. Asbestos victims have suffered because of the negligence of these companies. Our lawyers are there to help these victims.
Claims
Asbestos is a class of fibrous minerals that can cause severe illness. This includes mesothelioma and lung cancer, asbestosis, pleural thicknessening and scarring of the lung (pleural plates). In order to file an asbestos lawsuit it must be proved that exposure to asbestos led to your illness or injury. A licensed attorney can review your case to determine if you have a valid claim.
The law says that you may be able to recover damages for physical and emotional injuries. However, the amount you may be awarded differs from case to case. The average settlement for mesothelioma is between $1 million and $1.4 million. Your attorney can negotiate for you to obtain the best amount of compensation for your losses.
An experienced lawyer understands the intricacies of asbestos law. They will be able to analyze your case to determine whether you have asbestos-related illnesses and if it was caused by occupational exposure. They will be able to explain to you the different legal options that are available to you. They will explain the various options available to you, including workers' compensation, trust fund, and litigation.
It is essential to make an insurance claim when you are diagnosed with an asbestos related disease. In some instances, asbestos-related diseases can develop years after exposure. Workers' compensation claims may not cover your losses in full.
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 assist you make an asbestos lawsuit and receive the justice you deserve.
While Congress has considered several legislative options to address the asbestos litigation issue, none have been passed. In the absence of a national solution to asbestos litigation state courts take action to protect their businesses 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 are diagnosed as malignant. This ensures the sickest plaintiffs receive the best treatment possible and prevents the active docket from becoming crowded. It also permits those who suffer from non-malignant illnesses to file a lawsuit at a later time if they develop cancer.
Statute of limitations
The statute of limitation limits the time that an individual can file a lawsuit if they have been injured or ill. It is different for each state and type of claim. Elizabeth asbestos attorneys should consult top lawyers promptly to ensure that their rights are secured before the statute of limitations expires.
The law requires defendants to adopt appropriate safety precautions in the production and sale of asbestos-related products. If they fail to follow these steps they are accountable for any injuries that may occur. They must also inform workers and the general public about asbestos' dangers.
Asbestos companies can be held accountable for mesothelioma-related injuries due to the company's negligence and inability to warn asbestos victims of the dangers. They may also be held liable under strict liability and breach of implied warranties. This basically means that the company did not manufacture its products in a manner that is safe for the purpose they were intended to serve.
Most states have some 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 injury. This is especially important in asbestos cases due to the long time frames of latency associated with mesothelioma, asbestosis and other asbestos-related diseases.
In addition to the time limit, there are several other factors that can influence how a mesothelioma claim is filed. This includes the type, state, and the location of the asbestos-based product manufacturer.
Certain states, for instance have different laws on personal injury and wrongful deaths 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 may also be taken into account when submitting a claim for mesothelioma. Many asbestos-related companies went bankrupt because of asbestos litigation, but courts ordered them to set trust funds for those affected by their products. Some victims' statutes of limitations can be extended or waived if they file an asbestos-related claim through a trust fund.
Discovery
A good asbestos lawyer will use the discovery process in order to uncover information that could be helpful to a customer. This tool, in the hands of a knowledgeable attorney can speed up litigation. It can also make settlements easier.
The process of discovery is a crucial element of every mesothelioma lawsuit. Attorneys have to utilize this procedure to obtain documents from companies, such as emails and records, as well as information about asbestos products manufactured and sold by the defendant. The discovery process also involves conducting interviews with victims' co-workers as well as collecting samples from homes, employment sites, and other places where asbestos might have been present. Asbestos comes in a variety of forms, and lawyers must identify what type of asbestos was used at a particular work site in order to determine if the specific product caused a client's illness.
Companies that manufacture and sell asbestos-containing products were aware that their products could cause serious breathing problems. However, they continued to hide this information for years. Only after asbestos manufacturers began to be sued by workers were they forced to release company records and admit incompetence.
Insurance companies and asbestos companies attempt to discredit studies that demonstrate the link between asbestos exposure and mesothelioma, lung cancer and other cancers. In some cases, these efforts to discredit evidence can cause the dismissal of a mesothelioma case. However, a seasoned asbestos lawyer can show that the actions of a defendant were negligent and violated an obligation to its customers.
Mesothelioma patients may also bring the claim of breach of implied warranty against asbestos-related product sellers in addition to the negligence theory. This duty is breached because asbestos is a danger in its nature, as are many other substances. The plaintiff also has a reasonable expectation of asbestos-containing products working according to the specifications and being suitable for the intended use.
It's easy to feel that your case is not moving forward in the discovery process. But, your lawyer will be busy searching through the vast amount of documents that defendants have provided seeking out any crucial evidence that can bolster your case and increase your chances of winning compensation.
Trial
A person who has contracted an asbestos-related illness could be able to seek damages from the companies who exposed them to the harmful substance. The law that governs asbestos litigation addresses issues such as strict liability, negligence and breach of implied warranties and the proximate causes. A court may award a plaintiff punitive damages as well in certain circumstances.
Asbestos lawsuits often include more than one defendant. Many people who suffer from asbestos-related illnesses such as mesothelioma and lung cancer were exposed to asbestos in many different locations. These include manufacturing plants, mines, Navy ships and on working at various job sites. Asbestos litigation also includes settlements in class actions and the 20-50 year latency timeframe for a variety of serious illnesses.
The first step in an asbestos-related case is to determine every potential source of exposure. This may involve looking over 40 or 50 years of work history as well as an examination of Social Security, union, tax and other documents.
Next, a lawyer must demonstrate that the defendant did not fulfill its duty to the plaintiff by exposing him or her to asbestos and that the breach led to the injury. This breach could be directly resulting from exposure, or indirectly resulted from a company's inability to warn employees about asbestos hazards. A lawsuit will often include allegations of emotional distress.
Finally, a jury can decide to award a plaintiff compensatory damages for the injury. These damages may include medical expenses, lost wages in the past and future damages to property, discomfort and pain. The amount of compensation awarded can differ from case to case. However, the victims are entitled to fair treatment by the courts.
There are a variety of legislative options to reduce the cost of asbestos litigation. The most important suggestion is to transfer liability from asbestos exposure companies onto bankruptcy trusts or other funds. Both victims and companies have resisted this plan. A lawsuit is the most effective way to obtain justice for someone who has been diagnosed with an asbestos-related illness. An attorney who has experience handling asbestos claims can assist victims and their families through this challenging process.