Asbestos Law and Litigation

asbestos lawsuits (visit the next page) are a distinct category of toxic tort cases. This long-running mass tort has thousands of claimants and 8000 defendants.

These companies manufactured asbestos-containing materials for many decades, without disclosing its dangers. Their negligence has caused asbestos victims to suffer. Our lawyers help these injured victims.

Claims

Asbestos is a group of fibrous minerals that can cause severe illnesses. This includes mesothelioma and lung cancer as well as asbestosis, pleural thickening and scarring of the lungs (pleural plaques). To file a claim for asbestos, you must prove that asbestos exposure caused your injury or disease. A qualified attorney can assess your case to determine if you are eligible for a claim.

According to the law, you may receive damages for both physical and emotional injuries. The amount that 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 get you the highest amount of compensation for your losses.

An experienced lawyer will know the complexities of asbestos law. They know how to analyze your case in order to determine if you have an asbestos-related disease and whether it was caused by work-related exposure. They will also explain the various legal options you have, including workers compensation trust funds, workers' compensation, and litigation.

It is crucial to submit an insurance claim as soon as you are diagnosed with an asbestos related disease. In some cases it could take years for an asbestos attorneys-related condition to develop after exposure. Workers' compensation claims may not cover your losses in full.

Many asbestos victims are not aware that they can bring a personal injury lawsuit against the companies responsible for their exposure to asbestos. An experienced lawyer can help you file an asbestos lawsuit to secure the compensation you are entitled to.

While Congress has considered several legislative options to address the asbestos litigation issue but none of them have been enacted. In the absence a federal solution to asbestos litigation, state courts take measures to protect their business as well as injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states establish pleura registries to transfer asbestos cases that are not malignant to an inactive docket until they turn malignant. This ensures that the most ill plaintiffs receive the best treatment and keeps the active docket from becoming crowded. It also permits those with nonmalignant illnesses to sue later in the event of developing cancer.

Statute of limitations

The statute of limitation limits the time period in which an individual can file a lawsuit in the event of injury or become ill. The statute of limitations varies according to the state and type. Mesothelioma patients should contact top attorneys immediately to ensure their rights are protected before the time limit expires.

The law requires defendants to take appropriate safety precautions during the production and sale of asbestos-related products. When companies fail to follow these steps, they are liable for any injuries related to asbestos that may occur. Additionally, they must provide workers and other members of the public about asbestos' dangers.

Asbestos companies could be held accountable for mesothelioma related injuries due to their negligence and inability to inform asbestos victims of the dangers. They may also be held accountable under strict liability and breach of implied warranties. The former basically means that the company has failed to produce its products in a manner that is suitable for their intended use.

Most states have some version of the discovery rule which stipulates that the statute of limitations "clock" does not begin until the asbestos victim discovers or should have realized their injuries. This is particularly important in asbestos lawsuits cases due to the lengthy latency periods associated with asbestosis, mesothelioma and many other asbestos-related illnesses.

In addition to the limitation period There are a variety of other factors that can influence how a mesothelioma claim is handled. This includes the type, state, and the location of the asbestos product manufacturer.

For instance, certain states have different statutes of limitation for personal injury and wrongful death claims. The law could also provide certain extensions and exceptions for those with complex mesothelioma cases. In some cases the victim's time in the military could be considered when submitting a claim for mesothelioma. Many asbestos-related companies went under in the wake of asbestos litigation, but the courts ordered them to put aside money in trust funds for those who were harmed by their products. Consequently, some victims' statute of limitations will be extended or waived when filing a claim against an asbestos trust fund.

Discovery

A skilled asbestos lawyer will employ the discovery process in order to uncover facts which may be helpful to a client. This tool, in the hands of a skilled attorney can speed up the process of the process of litigation. It can also help in settling cases.

The discovery process is a key part of every mesothelioma lawsuit. Through it, attorneys have to obtain company documents, including emails and records, as well as information about the asbestos products that defendants produced and sold. The discovery process involves interviewing the victims' coworkers and also obtaining samples from their workplaces, homes, and any other place where asbestos may be present. Asbestos can come in many forms, and lawyers must identify what type of asbestos was used at a specific workplace to determine if the specific product contributed to the client's illness.

Companies that make or sell asbestos-containing products know that their products could cause serious breathing issues. Yet they hid the facts for decades. Only after asbestos manufacturers began to be sued by workers were they forced to disclose company records and admit their incompetence.

Asbestos-related companies and insurance companies attempt to discredit studies that prove connections between asbestos exposure and lung cancer, mesothelioma and other cancers. In some cases the attempts to discredit evidence could cause the dismissal of mesothelioma claims. A strong asbestos attorney lawyer, however, can demonstrate that the defendant's actions were negligent or violated its legal duty to clients.

In addition to the normal negligence theory, mesothelioma victims may also bring a breach of implied warranty claim against firms that sell asbestos-related products. This is because asbestos is a danger by nature, just like many other substances. In addition the plaintiff has an expectation that asbestos-containing products will perform as advertised and are safe for their intended purpose.

The discovery process can be lengthy and exhausting, and it is easy to think that nothing is happening with your case. Your attorney will be searching through the huge amount of documents that defendants have sent seeking evidence to bolster your case.

Trial

A person who has contracted an asbestos-related illness could be able to seek damages from companies that exposed them to the harmful substance. The asbestos law covers such issues as strict liability and negligence, breach of implied warranty and proximate causes. A court can decide to award the plaintiff punitive damages as well in certain circumstances.

Asbestos claims often involve more than one defendant. Many people who develop mesothelioma, lung cancer or other asbestos-related illnesses were exposed to asbestos in a variety of locations. Manufacturing plants, mines and Navy ships are just a few examples. Asbestos litigation also involves class action settlements and the 20-50 year latency period for a variety of serious illnesses.

The first step in an asbestos-related case is to identify each potential source of exposure. This may involve reviewing 40 or 50 years of work history, as well as an examination of Social Security, union, tax, and other documents.

Next, a lawyer must prove that the defendant breached its obligation to the plaintiff by exposing the plaintiff to asbestos, and that this breach led to the injury. This breach could be a direct result of exposure or it could be indirect and occur due to a company's decision not to warn its employees about asbestos' dangers. A lawsuit also typically includes allegations of emotional distress.

A jury could also award compensation to a plaintiff for injuries. These damages may cover medical bills as well as future and past earnings, property damage, as well as pain and suffering. The amount of compensation awarded can vary from case-to-case. However, the victims deserve fair treatment from the courts.

A variety of legislative solutions have been suggested to cut down the costs of asbestos litigation. The most important suggestion is to transfer liability from companies responsible for asbestos exposure onto bankruptcy trusts or other funds. Both the victims and the companies have resisted this idea. A lawsuit could be the best way to get justice for those who have been diagnosed as having an asbestos-related illness. A lawyer with experience in asbestos-related lawsuits can help victims and their families during this difficult process.