Asbestos Law and Litigation

Asbestos cases are a sub-class of toxic torts. This long-running mass tort has thousands of claimants and thousands of 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 composed of fibrous minerals that can cause serious illnesses. This includes mesothelioma, lung cancer as well as asbestosis, pleural thickening and scarring of the lungs (pleural plaques). In order to claim an asbestos lawsuit it must be proved that exposure to asbestos caused the injury or illness. A licensed attorney will review your situation and determine if there is an argument to file an action.

The law stipulates that you are entitled to damages for your physical and emotional injuries. The amount you can be awarded will vary from case to case. The average settlement for mesothelioma is between $1 million and $1.4 million. Your lawyer can negotiate on your behalf to secure you the highest amount of settlement for your losses.

An experienced lawyer will know the intricacies of asbestos law. They will be able to investigate your case in order to determine if you suffer from asbestos-related ailments and whether it was caused by work-related exposure. They will also explain the various legal options available to you, including workers' compensation, trust funds, and litigation.

If you have been diagnosed with an asbestos-related condition it is crucial to make a claim immediately. In certain cases it can take a long time for an asbestos-related disease to develop after exposure. In addition, a worker' compensation claim may not fully compensate you for your losses.

Many asbestos victims do not realize that they can sue companies responsible for their exposure to asbestos. An experienced lawyer can help you file an asbestos lawsuit to receive the compensation you deserve.

Congress has considered a variety of legislative options to deal with asbestos litigation, but none has been passed. In the absence of a national solution to asbestos litigation, state courts are taking measures to protect their business as well as injured plaintiffs. For instance, judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are creating Pleura registries that shift non-malignant asbestos claims to an inactive docket, until they become malignant. This ensures that the most ill plaintiffs receive the best treatment and keeps the active docket from becoming overcrowded. It also allows those with nonmalignant illnesses to sue at a later time in the event of developing cancer.

Statute of limitations

The statute of limitation limits the time that an individual can bring a lawsuit when they've been injured or ill. It is different for each state and type of claim. Mesothelioma patients should consult top attorneys immediately to protect their rights before the time limit expires.

The law requires defendants to adopt appropriate safety precautions in the manufacturing and distribution of asbestos-related products. Companies are responsible for any injuries that result from their inability to follow these steps. They also have to inform employees and the general public about asbestos' dangers.

Asbestos companies may be held accountable for mesothelioma-related injuries due to the negligence of the company as well as its inability to inform asbestos victims about the risks. They can also be held liable under strict liability and breach of implied warranties. This basically means that the company failed to manufacture its products in a way that is suitable for their intended use.

Most states have some form of the discovery rule which stipulates that the statute of limitations "clock" does not begin until the asbestos sufferer has discovered or should have discovered their injury. This is especially important for asbestos cases due to the long latency period associated with mesothelioma and other asbestos-related illnesses.

In addition to the time limit there are other factors that can influence how a mesothelioma claim is handled. This includes the nature of the claim, state where they reside, the location where they were exposed, to asbestos, and the location of asbestos-based product's manufacturers.

Certain states, like have distinct statutes for personal injury and wrongful deaths claims. The law could also provide certain exceptions and extensions for people with mesothelioma cases that are complex. In some instances, the victim's service in the military could be considered when submitting a claim to the court for mesothelioma. Asbestos litigation has caused a number of asbestos-related manufacturers to go under however, the courts ordered the companies to put aside money in trust funds for those affected by their asbestos-related products. Therefore, certain victims' statute of limitations will be extended or waived when filing a claim against an asbestos trust fund.

Discovery

A good asbestos lawyer can make use of the discovery process to uncover facts that could aid a client's case. This tool, in the hands of an experienced lawyer can speed up litigation. It can also make settlements easier.

Discovery is an important part of any mesothelioma case. Through it, attorneys have to obtain company documents, including records and emails, as well as information on the asbestos products that defendants manufactured and sold. The discovery process involves interviewing the victim's coworkers, as well as obtaining samples from their homes, workplaces and any other places where asbestos could be present. asbestos attorney comes in many forms. Lawyers must determine which kind of asbestos was present at a specific work site to determine if it was the cause of the client's illness.

Companies that manufacture and market asbestos-containing products were aware that their products could trigger serious breathing issues. Despite this, they continued to hide the facts for decades. Only when asbestos manufacturers began to be accused of negligence by workers were they forced to release company records and admit mistakes.

Asbestos producers and insurance companies often attempt to discredit medical studies that show an association between exposure to asbestos and mesothelioma, lung cancer, and other illnesses. In some instances attempts to discredit evidence could lead to dismissal of a mesothelioma case. However, a strong asbestos lawyer can show that a defendant's actions were negligent and breached a legal duty to its customers.

Mesothelioma patients can also bring an implied warranty claim for breach against asbestos-related sellers, in addition to the negligence theory. This is because asbestos is a danger by nature, just like many other substances. Moreover the plaintiff has reasonable expectations that asbestos-containing products will perform as advertised and are safe for their intended purpose.

It's easy to believe that your case isn't moving forward during the discovery process. Your attorney will be busy combing through the vast amount of documents that defendants have provided in search of evidence to bolster your case.

Trial

A plaintiff who has contracted an asbestos-related disease could be able recover damages from the companies that exposed them to the toxic substance. The law governing asbestos litigation covers issues such as strict liability, negligence, breach of implied warranties, and the proximate cause. In certain cases, a court can also award punitive damages to a 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 lawyers in a myriad of places. Mines, manufacturing plants and Navy ships are just a few examples. Asbestos litigation also involves settlements in class actions and the 20-50 year latency timeframe for a variety of serious illnesses.

The first task in an asbestos case is to identify each possible source of exposure. This could mean looking over the work history of 40 or 50 years, and also Social Security, union records tax records, other documents.

Next, a lawyer must show that the defendant violated its duty to the plaintiff by exposing him to asbestos, and that this breach led to the injury. This breach can be the direct result of exposure, or indirectly resulted from a company's inability to warn employees about asbestos dangers. A lawsuit can also include allegations of emotional distress.

Finally, a jury can award a plaintiff compensatory damages for the injury. These damages could cover medical bills, past and future lost wages, property damage and pain and suffering. The amount of compensation awarded can vary from case to case. However, victims deserve fair treatment from the courts.

Numerous legislative solutions have been proposed to lower the costs of asbestos litigation. The most significant proposal would transfer some of the liabilities from the companies responsible for asbestos exposure to bankruptcy trusts and other funds. Both victims and companies have resisted this idea. A lawsuit is usually the best method of seeking justice for someone who has been diagnosed with an asbestos-related disease. A lawyer with experience in asbestos-related lawsuits can help victims and their families through this difficult process.