Asbestos Law and Litigation
Asbestos cases are a sub-class of toxic torts. This long-running mass tort involves thousands of claimants, as well as thousands of defendants.
Companies produced asbestos-containing products for many years without revealing the dangers of this harmful mineral. Asbestos victims have suffered as a result of the negligence of these companies. Our lawyers help these injured victims.
Claims
Asbestos is a group of fibrous minerals that can lead to severe illnesses. This includes mesothelioma, lung cancer as well as asbestosis, pleural thickening and scarring of the lung (pleural plaques). To file an asbestos lawsuit you must prove that asbestos exposure caused your illness or injury. An experienced attorney can evaluate your situation to determine if you have a valid claim.
Newport News asbestos lawyer stipulates that you are entitled to damages for your physical and emotional injuries. The amount you could be awarded varies from case to case. The average mesothelioma settlement is $1 million to $1.4 million. Your attorney can negotiate on your behalf to secure you the highest amount of settlement for your losses.
An experienced lawyer will understand the complexities of asbestos law. They will be able to investigate your case in order to determine if you suffer from asbestos-related ailments and whether it was caused by occupational exposure. They will be able to explain to you the different legal options that are available to you. These include workers compensation, trust funds and litigation.
If you have been diagnosed with an asbestos-related condition it is crucial to file a lawsuit immediately. In some instances it can take a long time for an asbestos-related condition to develop following exposure. Workers' compensation claims may not cover your losses fully.
Many asbestos victims are not aware that they can file a personal injury lawsuit against companies accountable for their asbestos exposure. A lawyer with experience can assist you in filing an asbestos-related lawsuit to receive the compensation you deserve.
While Congress has pondered a range of legislative remedies to address the asbestos litigation crisis but none of them have been enacted. In the absence of a national 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 have created pleura registries to move nonmalignant asbestos cases to an inactive docket until they are diagnosed as malignant. This ensures that the most sick plaintiffs are treated first, and prevents overcrowding on the active docket. Moreover, it allows those who have nonmalignant illnesses to bring a case in the future in the event that they develop malignancies.
Statute of limitations
The statute of limitations restricts the amount of time that a person can file a lawsuit for an injury or illness. It is different for each the state and the kind of claim. Mesothelioma victims should consult top attorneys immediately to ensure that their rights are secured before the statute of limitations expires.
The law requires defendants take proper safety measures when they production and sale of asbestos-based products. Companies are responsible for any injuries caused by their inability to follow these steps. They also have to inform employees and the public about the dangers of asbestos.
Asbestos companies could be held accountable for mesothelioma-related injuries due to their negligence or inability to warn asbestos victims of the dangers. They could be held accountable under strict liability or in breach of implied warranties. The company is responsible when it fails to make their products in a safe way for the intended purpose.
Many states have some form of the discovery rule, which stipulates that the statute of limitations "clock" does not begin until the asbestos sufferer has discovered or should have discovered their injury. This is especially important in asbestos cases due to the long period of time between asbestosis, mesothelioma and many other asbestos-related illnesses.
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, state where they reside, the location where they were exposed, and the location of asbestos-based product's manufacturers.
For instance, certain states have different statutes of limitation for personal injury and wrongful death claims. There may be exceptions or extensions to the law for victims who have mesothelioma claims that are complex. In some instances, the victim's service in the military could be considered when submitting a claim to the court for mesothelioma. Asbestos litigation caused many asbestos product manufacturers to go bankrupt however, the courts ordered the companies to put aside money in trust funds to help those who were harmed by their products. Therefore, certain 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 discover information that could be beneficial 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 make settlements easier.
Discovery is a vital element of any mesothelioma trial. Through it, attorneys have to obtain company documents, including emails and records as well as information on the asbestos products that a defendant manufactured and sold. The discovery process also involves interviewing a victim's co-workers and taking samples from their homes, workplace sites, and other places where asbestos could have been present. Asbestos can come in many forms, and lawyers must determine which type of asbestos was used at a particular work site in order to determine if the specific product was responsible for the illness of a client.
Companies that make or sell asbestos-containing products understand that their products could cause serious breathing problems. Despite this they continued to conceal the information for decades. It wasn't until workers began filing lawsuits that asbestos producers were forced to release company records and admit that they were negligent.
Insurance companies and asbestos companies attempt to discredit studies that prove the link between asbestos exposure and lung cancer, mesothelioma and other cancers. In some instances, these efforts to undermine evidence can lead to dismissal of mesothelioma claims. A skilled asbestos lawyer however, can demonstrate that the defendant's actions were negligent or breached the legal obligation it owes to its customers.
In addition to the normal negligence theory, mesothelioma patients can also file a breach of implied warranty claim against firms that sell asbestos-related products. The breach of this duty is based on the fact that asbestos, like many other substances, is inherently hazardous. Furthermore the plaintiff has an expectation that asbestos-containing products will perform as advertised and be safe for their intended purpose.
The process of discovery can be lengthy and exhausting It is easy to believe that nothing is happening with your case. But, your lawyer will be busy looking through the plethora of documents that defendants have provided in search of any significant evidence that can bolster your case and increase your chances of obtaining compensation.
Trial
A plaintiff who has contracted an asbestos-related disease may be able to recover damages from the companies that exposed them to the harmful substance. The law that governs asbestos litigation addresses issues like strict liability as well as negligence, breach of implied warranties, and the proximate cause. A court could award the plaintiff punitive damages in certain instances.
Asbestos lawsuits usually involve more than just one defendant. Many who develop asbestos-related diseases such as mesothelioma or lung cancer have been exposed to asbestos in numerous locations. These include factories, mines, Navy ships and on working at various job sites. Asbestos litigation is a result of class action settlements as well as the 20-50-year latency period for many serious diseases.
The first task in an asbestos case is to determine each possible source of exposure. This could mean studying the work history for 40 or 50 years, and also Social Security, union records, tax records, and other records.
A lawyer will then have to establish that the defendant acted in breach of their duty to the plaintiff by the exposure of asbestos to them, and that this breach caused the injury. This breach could be a direct result of exposure, or it could be indirect and occur because of a company's decision not to warn its workers about asbestos's dangers. A lawsuit will often include allegations of emotional distress.
A jury may also award compensation to a plaintiff for their injury. These damages could cover medical bills as well as future and past lost earnings, property damage, as well as pain and suffering. The amount of compensation can vary from case-to-case. However, victims have a right to fair treatment from the courts.
There are a variety of legislative options to lower the cost 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 approach has been rejected by both the victims and the companies. A lawsuit is often the best way to seek justice for someone who has been diagnosed with an asbestos-related disease. An attorney with experience in asbestos-related lawsuits can help victims and their families during this difficult process.