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Asbestos Law and Litigation
Asbestos cases fall under the category of toxic torts. This long-running mass tort has thousands of plaintiffs and 8000 defendants.
These companies produced asbestos-containing products for a long time, but without warning about the dangers. Their negligence has caused asbestos victims to suffer. Our lawyers assist these injured victims.
Claims
Asbestos is a group of fibrous minerals which can cause severe illness. This includes mesothelioma and lung cancer as well as asbestosis, pleural thickening and scarring of the lungs (pleural plaques). To claim an asbestos lawsuit, it must be proven that exposure to asbestos caused the injury or illness. A qualified attorney can assess your situation to determine if you have grounds for a claim.
The law stipulates that you are entitled to damages for your physical and emotional injuries. The amount you will be awarded will vary from case to case. The median mesothelioma settlement ranges from $1 million to $1.4 million. Your lawyer can negotiate on your behalf to secure you the most effective compensation for your losses.
An experienced lawyer will understand the intricate details of asbestos law. They know how to examine your case to determine whether you suffer from an asbestos-related condition and if it was caused by your work exposure. They will also explain the various legal options you have including workers' compensation, trust funds, and litigation.
It is essential to make a claim when you are diagnosed with an asbestos-related disease. In certain cases, asbestos-related diseases can develop years after exposure. A workers' compensation claim might not be able to cover your losses fully.
Many asbestos victims do not know that they can claim compensation from companies that are responsible for their exposure to asbestos. An experienced lawyer can help you file an asbestos-related lawsuit to get the compensation that you deserve.
Congress has considered a variety of legislative solutions to deal with asbestos litigation, but none have been approved. In the absence of a federal solution, state courts are taking steps to protect their businesses as well as injured plaintiffs. For instance judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are establishing pleura registries to shift nonmalignant asbestos claims to an inactive docket, until they become malignant. This ensures that the most sick plaintiffs are treated first and avoids overcrowding the docket. It also allows those who have non-malignant diseases to sue at a later time if they develop cancer.
Statute of limitations
The statute of limitations limit the amount of time that a person can file a lawsuit for an injury or illness. The time limit for filing a lawsuit varies according to the state and the type of. Mesothelioma patients should consult top lawyers immediately to safeguard their rights before the statute of limitation expires.
The law requires defendants take proper safety measures when they manufacturing and sale of asbestos products. Companies are accountable for any injuries caused by their failure to take these precautions. They must also inform workers and the public about asbestos' dangers.
Asbestos-related companies could be held accountable for mesothelioma related injuries due to their negligence and failures to warn asbestos victims of the risks. New Bedford asbestos lawyer could be held accountable under strict liability or breach of implied warranties. The latter essentially means the company failed to manufacture its products in a way that is safe for the purpose they were intended to serve.
Many states have some version of the discovery rule, which states that the statute of limitations "clock" does not begin until the asbestos sufferer has discovered or should have discovered their injury. This is particularly relevant in asbestos cases due to the long time frames of latency associated with asbestosis, mesothelioma and other asbestos-related diseases.
There are other aspects apart from the statute of limitations, which can influence the manner in which mesothelioma cases are handled. This includes the nature of the claim, the state where they reside as well as the location where they were exposed 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 victims with mesothelioma cases that are complex. Additionally the victim's military experience may be considered when filing a mesothelioma claim and could also extend the time period for filing in certain cases. Many asbestos product manufacturers went under in the wake of asbestos litigation, however, the courts ordered them set trust funds for those who were injured by their products. Therefore, certain victims' statutes of limitation 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, when in the hands of a knowledgeable lawyer can speed up litigation. It can also help in settling cases.
Discovery is an important part of any mesothelioma trial. Through it, attorneys have to get company documents, like emails and records, as well as information about the asbestos products that a defendant manufactured and sold. The discovery process also involves interviewing victims' coworkers and seeking samples from homes, employment sites, and other locations where asbestos might be present. Asbestos comes in a variety of forms, and the lawyers must determine which type of asbestos was used at a particular workplace to determine if a particular product was responsible for the illness of a client.
Companies that make or sell asbestos-containing products know that their products could cause serious breathing issues. However, they continued hide this information for years. Only when asbestos manufacturers began to be sued by workers were they forced to disclose company records and admit their incompetence.
Asbestos producers and insurance companies often try to discredit studies that demonstrate a link between asbestos exposure and mesothelioma, lung cancer and other diseases. In some instances this attempt to defame the research can result in the abolition of mesothelioma-related claims. A seasoned asbestos lawyer however, can show that the defendant's actions were negligent or in breach of its legal obligation to its customers.
Mesothelioma patients also have the option of bringing an implied warranty claim for breach against asbestos-related sellers, in addition to the negligence theory. This duty is violated because asbestos is dangerous by nature, just like many other substances. The plaintiff also has a reasonable expectation of asbestos-containing products performing as advertised and suitable for the intended use.
It's easy to believe that your case is not progressing through the discovery process. Your attorney will be busy looking through the plethora of documents that defendants have provided, looking for important evidence to bolster your case.
Trial
A person who has contracted an asbestos-related disease could be able to seek damages from companies that exposed them to the toxic substance. The law that governs asbestos litigation covers issues such as strict liability and negligence as well as breach of implied warranties, and proximate causes. In certain circumstances the court may also decide to award punitive damages to the plaintiff.
Asbestos claims typically involve more than one defendant. Many patients who develop mesothelioma lung cancer, or other asbestos-related diseases were exposed to asbestos in a variety of locations. Manufacturing plants, mines and Navy ships are just a few examples. Asbestos litigation is a result of class action settlements along with the 20-50-year latency period of various serious diseases.
In an asbestos case the first step is to identify the source of exposure. This could mean reviewing the work history of 40 or 50 years, in addition to Social Security, union records as well as tax records and other documents.
The next step is to prove that the defendant breached its obligation to the plaintiff by exposing him to asbestos, and that this breach caused the injury. This breach could be directly resulting from exposure, or indirect and resulted from a company's inability to warn employees about asbestos dangers. A lawsuit may also contain allegations of emotional distress.
In the end, a jury may give a plaintiff compensation in the event of an injury. These damages may cover medical bills as well as future and past wages, property damage and pain and suffering. The amount of compensation can differ from case to case. However, 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 significant proposal would transfer some of the responsibilities from the businesses responsible for asbestos exposure to bankruptcy trusts and other funds. Both the victims and the companies have resisted this idea. A lawsuit is often the best way to seek justice for someone who has been diagnosed with an asbestos-related disease. A lawyer with experience handling asbestos claims can assist victims and their families through this challenging process.