Asbestos Law and Litigation

Asbestos lawsuits are a special class of toxic tort cases. This long-running mass tort has thousands of plaintiffs and 8,000 defendants.

These companies manufactured asbestos-containing materials for many years, but without warning about the dangers. Their 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 cause serious health issues. This includes mesothelioma, lung cancer, but also asbestosis, pleural thickening and scarring of the lung (pleural plaques). To bring a lawsuit against asbestos you must prove that exposure to asbestos caused your illness or injury. A qualified attorney will assess your situation and determine if there is an argument to file a claim.

The law says that you may be able to recover damages for your physical and emotional injuries. The amount that you can be awarded will differ from case to case. The median mesothelioma settlement ranges from $1 million to $1.4 million. Your lawyer can negotiate on your behalf in order to get you the best possible settlement for your losses.

An experienced lawyer will understand the intricate details of asbestos law. They can analyze your case to determine whether you have asbestos-related illnesses and if it was caused by occupational exposure. They will also explain to you the various legal options that are available to you. These include workers compensation, trust funds, and litigation.

If you've been diagnosed with an asbestos attorneys-related illness, it is important to start a lawsuit immediately. In certain cases asbestos-related illnesses can develop years after exposure. Workers' compensation claims may not cover your losses completely.

Many asbestos victims don't realize that they can sue the companies that caused their exposure to asbestos. An experienced lawyer can assist you in filing a lawsuit against asbestos companies to secure the compensation you deserve.

Congress has considered a number of legislative solutions to deal with asbestos litigation, but none of them 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 have created pleura registries to move asbestos cases that are not cancerous to an inactive docket until they become malignant. This ensures the sickest plaintiffs receive the best treatment possible and keeps the active docket from becoming crowded. It also allows those who suffer from non-malignant illnesses to file a lawsuit later in the event of developing cancer.

Statute of limitations

The statute of limitations limits the time frame in which a person may bring a lawsuit to recover from an injury or illness. It varies by the state and the kind of claim. Mesothelioma patients must contact top attorneys immediately to protect their rights before the statute of limitation expires.

The law requires defendants to take proper safety measures when they production and sales of asbestos products. Companies are responsible for any injuries resulting from their inability to take these precautions. They must also warn workers and the general public about the dangers of asbestos.

Asbestos companies may be held liable for mesothelioma injuries because of the negligence of the company and its inability to inform asbestos victims about the risks. They could also be held responsible under strict liability and breach of implied warranties. The company is responsible for failure to produce their products in a safe manner for the purpose they were intended.

Many states have some form of the discovery rule, which stipulates that the statute of limitations "clock" doesn't begin until the asbestos victim discovers or should have discovered their injury. This is particularly relevant in asbestos cases due to the lengthy period of time between asbestosis, mesothelioma and many other asbestos-related diseases.

There are other aspects apart from the statute of limitations, that can affect how mesothelioma cases are handled. This includes the type, state and location of the asbestos product manufacturer.

Certain states, for instance have different laws on personal injury and wrongful death claims. There are exemptions or extensions to the law for those who have complex mesothelioma claims. In certain cases, the victim's service in the military may also be taken into account when submitting a claim for mesothelioma. Many asbestos attorneys-related companies went bankrupt because of asbestos litigation, but the courts ordered them to set aside money in trust funds for those harmed by their products. Therefore, certain victims' statute of limitations can be extended or waived when filing a claim against an asbestos trust fund.

Discovery

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

The process of discovery is a key part of every mesothelioma lawsuit. Attorneys need to use this method to obtain documents from companies, such as emails and records, as well as information about asbestos lawyers products manufactured and sold by the defendant. The process of discovery also includes conducting interviews with victims' co-workers as well as taking samples from homes, work sites, and other areas where asbestos could be present. Asbestos can come in many forms, and the lawyers must identify what type of asbestos was used at a specific workplace to determine if a particular product was responsible for the illness of a client.

Companies that produce or sell asbestos lawyers-containing products are aware that their products can cause serious breathing problems. However, they continued hide this information for years. Only after asbestos manufacturers began to be sued by workers were they forced to release company records and admit their negligence.

Insurance companies and asbestos companies attempt to defame studies that show connections between asbestos exposure and mesothelioma, lung cancer and other illnesses. In some cases this attempt to defame the evidence can lead to the denial of mesothelioma lawsuits. However, a skilled asbestos lawyer can demonstrate that the defendant's actions were negligent and breached a legal duty to its customers.

Mesothelioma patients may also bring the claim of breach of implied warranty against asbestos product sellers, in addition to the negligence theory. This duty is violated since asbestos is dangerous in its nature, as are many other substances. The plaintiff also has a reasonable expectation of asbestos-containing products performing as advertised and safe for the purpose they were intended to be used.

The discovery process can be long and frustrating, and it is easy to think that nothing is happening in your case. But, your lawyer is busy looking through the plethora of documents that defendants have provided in search of any significant evidence that can help your case and increase your chances of obtaining compensation.

Trial

If a plaintiff suffers from an asbestos-related disease the plaintiff may recover damages from the companies who exposed them to the harmful substance. The law that governs asbestos litigation covers matters such as strict liability and negligence and breach of implied warranties, and the proximate cause. In certain situations the court may also award punitive damages to the plaintiff.

Asbestos lawsuits typically contain more than one defendant. Many patients who develop mesothelioma lung cancer, or other asbestos-related diseases were exposed to asbestos in a variety of places. Mines, manufacturing plants and Navy ships are just a few examples. Asbestos litigation also involves class action settlements and the 20-50 year latency period for many serious diseases.

In the case of asbestos the first step is to identify the source of exposure. This may require looking over the work history of 40 or 50 years, as well as Social Security, union records as well as tax records and other documents.

Next, a lawyer must show that the defendant violated its obligation to the plaintiff by exposing him to asbestos, and that this breach led to the injury. This breach can be directly resulting from exposure, or indirect and resulted from a company's inability to warn employees about asbestos dangers. A lawsuit usually includes allegations of emotional distress.

Finally, a jury can give a plaintiff compensation for his or her injury. These damages may cover medical bills, past and future lost wages, property damage and pain and suffering. The amount of compensation varies from case to case, but victims are entitled to fair treatment and respect from the courts.

Several legislative remedies have been proposed to lower the costs of asbestos litigation. The most significant proposal would transfer some of the responsibilities from the companies that were responsible for asbestos exposure to bankruptcy trusts and other funds. This proposal has been rebuffed by both victims and companies. A lawsuit can be the best method of obtaining justice for someone who has been diagnosed as having an asbestos-related condition. A lawyer who has experience with asbestos cases can assist victims and their families during this challenging process.