Asbestos Law and Litigation
Asbestos cases are a sub-class of toxic torts. This long-running mass tort entails thousands of claimants and 8000 defendants.
Companies produced asbestos-containing products for many years without revealing the dangers of this poisonous mineral. These companies' negligence has caused asbestos victims to be harmed. Our lawyers assist those who have been injured.
Claims
Asbestos is made up of fibrous minerals that can lead to serious illnesses. This includes mesothelioma and lung cancer, but also asbestosis, pleural thickening, and scarring of the lung (pleural plaques). To file an asbestos lawsuit it must be established that exposure to asbestos caused your injury or illness. A licensed attorney will review your situation and determine if there is an argument to file a claim.
The law states that you are entitled to damages for physical and emotional injuries. However, the amount you can be awarded differs from case to case. The median mesothelioma settlement ranges from $1 million to $1.4 million. Your lawyer can negotiate for you to secure the highest amount of compensation for your losses.
A knowledgeable lawyer is aware of the complexity of asbestos law. They know how to examine your case to determine if you have an asbestos-related illness and if it was caused by work-related exposure. They will explain to you the various legal options that are available to you. These include workers compensation, trust funds and litigation.
It is important to file an claim as soon as you are diagnosed with an asbestos-related disease. In certain cases asbestos-related illnesses can develop decades after exposure. In addition, a workers' compensation claim may not be sufficient to cover your losses.
Many asbestos victims don't realize that they are able to claim compensation from companies that are responsible for their exposure to asbestos. A lawyer with experience can help you file a lawsuit against asbestos companies to get the compensation that you deserve.
While Congress has considered a variety of legislative solutions to deal with the asbestos litigation issue but none of them have been enacted. In the absence a federal solution to asbestos litigation, state courts have taken action to protect their businesses as well as injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states have created pleura registries 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 possible and stops the active docket from becoming too crowded. It also allows plaintiffs with nonmalignant illnesses to sue in the future in the event of developing cancer.
Statute of limitations
The statute of limitations limit the amount of time during which a person is allowed to file a lawsuit for an injury or illness. It varies according to the state and the kind of claim. Mesothelioma victims 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 measures during the production and sale of asbestos-related products. The company is responsible for any injuries that result from their failure to follow these steps. Additionally, they must provide workers and members of the public about the dangers of asbestos.
Asbestos-related companies could be held liable for mesothelioma injuries because of the negligence of the company and its inability to inform asbestos victims about the risks. They may be held liable under strict liability or in breach of implied warranties. This basically means that the company has failed to produce its products in a way that is suitable for their intended use.
Many states have some form of the discovery rule which holds that the statute of limitations "clock" doesn't begin until the asbestos victim has discovered or should have realized their injuries. This is particularly important in asbestos cases due to the long latency period that is associated with mesothelioma as well as other asbestos-related illnesses.
In addition to the limitation period There are a variety of other factors that could influence how a mesothelioma claim is filed. This includes the type, state and the location of the asbestos-based product manufacturer.
Some states, for example have distinct statutes for personal injury and wrongful death claims. There are exemptions or extensions to the law for those with mesothelioma cases that are complex. Additionally the victim's military service could be taken into consideration when filing a mesothelioma case and may extend the time period for filing in certain cases. Many asbestos product manufacturers went bankrupt because of asbestos litigation, however, the courts ordered them set trust funds for those affected by their products. Therefore, certain victims' statutes of limitation can be extended or waived when filing a claim against an asbestos trust fund.
Discovery
A skilled asbestos lawyer can utilize the discovery process to uncover facts that may help the client's case. This tool, when in the hands of a skilled lawyer can speed up the process of litigation. It can also make settlements easier.
Discovery is a vital element of any mesothelioma trial. Through it, attorneys must get company documents, like records and emails as well as information about the asbestos products that defendants produced and sold. The discovery process involves speaking with the victim's coworkers, and also obtaining samples from their homes, workplaces, and any other place where asbestos might be present. Asbestos can come in many forms, and the lawyers must identify what type of asbestos was used at a specific worksite to determine if a particular product caused a client's illness.
Companies that produce or sell asbestos-containing products are aware that their products can cause serious breathing problems. But, they continued to keep this information secret for decades. Only after asbestos manufacturers began to be sued by workers were they forced to release company records and admit their mistakes.
Asbestos producers and insurance companies frequently attempt to discredit medical studies that show an association between exposure to asbestos and mesothelioma and lung cancer and other diseases. In some instances, these efforts to undermine evidence can cause the dismissal of a mesothelioma case. However, a strong asbestos lawyer can demonstrate that the defendant's actions were negligent and in violation of a legal duty to its customers.
Mesothelioma patients can also bring the claim of breach of implied warranty against asbestos product sellers, in addition to the negligence theory. This duty is breached because asbestos is dangerous by nature, much like many other substances. Moreover the plaintiff has reasonable expectations that asbestos-containing products will perform as advertised and be suitable for their intended use.
It's easy to feel that your case is not moving forward in the discovery process. But, your lawyer will be hard at work searching through the vast amount of documents received from defendants in search of any significant evidence that can bolster your case and increase your chances of obtaining compensation.
Trial
When a plaintiff has developed an asbestos-related condition, he or she may claim damages from the company that exposed him or her to the toxic substance. Ogden asbestos lawyers governing asbestos litigation covers matters such as strict liability, negligence and breach of implied warranties, and proximate cause. In certain circumstances, a court can also award punitive damages to a plaintiff.
Asbestos claims often involve more than one defendant. Many patients who develop mesothelioma lung cancer or other asbestos-related illnesses were exposed to asbestos in a variety of places. These include mines, manufacturing plants, Navy ships and on the job at various sites. Asbestos litigation also includes settlements in class actions and the 20-50 year period of latency for many serious diseases.
The first step in an asbestos-related case is to determine every possible source of exposure. This could mean review of 40 or 50 years of work history as well as a review of Social Security, union, tax and other records.
A lawyer has to establish that the defendant acted in breach of their obligation to the plaintiff by exposure to asbestos and that the breach resulted in the injury. This breach could be directly resulting from exposure, or indirect and resulted from a company's inability to warn workers about asbestos dangers. A lawsuit usually includes allegations of emotional distress.
A jury may also decide to award a plaintiff compensatory damages in the event of an injury. These damages may include medical bills as well as lost wages in the past and in the future, property damage, and discomfort and pain. The amount of compensation offered varies from case to case, however, victims deserve fair treatment and respect from the courts.
Several legislative remedies have been proposed to reduce the costs of asbestos litigation. The most significant proposal would transfer some of the responsibilities from the companies responsible for asbestos exposure to bankruptcy trusts and other funds. Both victims and companies have rejected this approach. A lawsuit could be the best method of obtaining justice for those who have been diagnosed with an asbestos-related disease. A lawyer with expertise handling asbestos lawsuits can help victims and their families through this difficult process.