Asbestos Law and Litigation

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

Companies manufactured asbestos-containing products for many years without revealing the dangers posed by this harmful mineral. The negligence of these companies has caused asbestos victims to suffer. Our lawyers help these injured victims.

Claims

Asbestos is one of the fibrous minerals which can cause severe illness. This includes mesothelioma, lung cancer, but also asbestosis, pleural thickening, and scarring of the lung (pleural plaques). To file a claim for asbestos, you must prove that exposure to asbestos has caused your injury or illness. A licensed attorney can review your case to determine if you have grounds for a claim.

The law says that you can recover damages for physical and emotional injuries. The amount that you can be awarded will differ from case to case. The average settlement for mesothelioma is between $1 million and $1.4 million. Your attorney can negotiate on your behalf in order to get you the highest amount of compensation for your losses.

A knowledgeable lawyer is aware of the complexity of asbestos law. They know how to investigate your case to determine if you suffer from an asbestos-related condition and if it was caused by your work exposure. They will explain to you the different legal options that are available to you. These include workers' compensation, trust fund, and litigation.

It is important to file a claim as soon as you are diagnosed with an asbestos-related disease. In some cases it can take a long time for an asbestos-related disease to develop after exposure. A workers' compensation claim might not be able to cover your losses in full.

Many asbestos victims don't realize that they are able to sue the companies that caused their exposure to asbestos. A lawyer with experience can help you file an asbestos lawsuit to secure the compensation you deserve.

While Congress has considered a variety of legislative solutions to deal with the asbestos litigation crisis, none have been passed. In the absence of a national solution state courts are taking steps to protect their businesses and injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states create pleura registries in order to move asbestos cases that are not cancerous to an inactive docket, until they become malignant. This ensures that the most sick plaintiffs receive the best treatment possible and keeps the active docket from becoming too crowded. Furthermore, it allows plaintiffs with nonmalignant diseases to bring a case at a later time if they develop malignancies.

Statute of limitations

The statute of limitations restricts the time frame that a person can bring a lawsuit to recover from an injury or illness. It varies by the state and the kind of claim. Mesothelioma victims should consult top lawyers as soon as possible to ensure that their rights are protected before the statute of limitations expires.

The law requires defendants take appropriate safety measures in the production and sales of asbestos-based products. If they fail to follow these steps, they are liable for any injuries related to asbestos that may occur. In addition, they must issue a warning to workers and the general public about the dangers of asbestos.

Asbestos companies may be held accountable for mesothelioma-related injuries due to their negligence and failures to warn asbestos victims of the dangers. They could be held accountable under strict liability or for breach of implied warranties. The company is accountable if it fails to manufacture their products in a safe way for the intended purpose.

Most states have a discovery rule that states that the statute of limitation "clock" doesn't begin until the asbestos victim is aware of their injury, or has discovered it. This is particularly relevant for asbestos cases because of the long latency period that is associated with mesothelioma and various asbestos attorneys-related illnesses.

There are other factors aside from the statute of limitations that could affect the way mesothelioma cases are filed. This includes the type, state, and location of the asbestos product manufacturer.

Certain states, for instance have distinct statutes for personal injury and wrongful death claims. There may be exceptions or extensions to the law for those who have mesothelioma claims that are complex. In some instances the victim's time in the military may also be taken into account when filing a claim for mesothelioma. Many asbestos attorneys-related companies were forced to go under due to asbestos litigation, but the courts ordered them to put trust funds for those injured by their products. Some victims' statutes of limitations may be extended or waived when they file claims through an asbestos trust fund.

Discovery

A skilled asbestos lawyer will utilize 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 the process of litigation. It can also help in settling cases.

The process of discovery is an essential part of every mesothelioma lawsuit. Through it, attorneys must get company documents, like emails and records and also details about asbestos-related products that a defendant manufactured and sold. The process of discovery also includes conducting interviews with victims' co-workers as well as collecting samples from homes, work sites, and other places where asbestos may have been present. Asbestos comes in many forms. Lawyers must determine which kind of asbestos was present at a specific workplace to determine if it contributed to the client's illness.

Companies that produce and sell asbestos-containing products knew that their products could trigger serious breathing problems. Yet they continued to conceal the facts for decades. It was only when asbestos asbestos workers began lawsuits against asbestos manufacturers that they were forced to reveal the company's records and admit that they had been negligent.

Asbestos companies and insurance firms frequently attempt to discredit medical studies that show a link between asbestos exposure and mesothelioma and lung cancer and other illnesses. In some instances, this effort to discredit the evidence could lead to the abolition of mesothelioma-related claims. However, a strong asbestos lawyer can show that the actions of a defendant were negligent and in violation of an obligation to its clients.

In addition to the standard negligence theory, mesothelioma sufferers may also bring a breach of implied warranty claim against companies that sell asbestos products. The breach of this obligation is based upon the fact that asbestos, as many other substances, is intrinsically dangerous. The plaintiff also has an expectation that asbestos-containing products delivering according to the specifications and being safe for the purpose they were intended to be used.

It is easy to feel that your case isn't progressing through the discovery process. However, your attorney is busy looking through the plethora of documents provided by defendants, looking for any important evidence that can bolster your case and increase the chances of winning compensation.

Trial

If a plaintiff is diagnosed with an asbestos-related condition is diagnosed with an asbestos-related illness, the plaintiff can seek compensation from the companies that exposed them to the toxins. The asbestos law covers such matters as strict liability and negligence, breach of implied warranty, and proximate causes. A court can decide to award a plaintiff punitive damages as well in certain instances.

Asbestos lawsuits typically include more than one defendant. Many patients who develop mesothelioma lung cancer, or other asbestos-related illnesses were exposed to asbestos in dozens of locations. Manufacturing plants, mines and Navy ships are all examples. Asbestos litigation also involves settlements in class actions and the 20-50 year latency timeframe for a wide range of serious diseases.

The first step in an asbestos-related case is to determine every potential source of exposure. This can require review of 40 or 50 years of work history as well as a review of Social Security, union, tax and other documents.

A lawyer must then establish that the defendant acted in breach of their duty to the plaintiff by the exposure of asbestos lawsuit to them, and that the breach led to the injury. This breach could be a direct result of exposure or it could be indirect and occur due to a business's decision to not warn its employees about asbestos's dangers. A lawsuit also typically includes allegations of emotional distress.

A jury may also award a plaintiff compensatory damages for the injury. These damages can include medical bills and lost wages in the past and in the future as well as property damage, discomfort and pain. The amount of compensation will vary from case-to-case. However, the victims are entitled to fair treatment by the courts.

There are a variety of legislative options to cut down on the expense of asbestos litigation. The most important proposal would transfer the responsibility of asbestos exposure companies onto bankruptcy trusts or other funds. Both victims and companies have resisted this idea. A lawsuit can be the best method of obtaining justice for those who have been diagnosed with an asbestos-related illness. A lawyer who has expertise in handling asbestos cases can assist victims and their families through this challenging process.