Asbestos Law and Litigation
Asbestos lawsuits are a distinct class of toxic tort. This long-running mass injury involves thousands of claimants, and 8,000 defendants.
Companies produced asbestos-containing products over many decades without disclosing the dangers posed by this toxic mineral. Asbestos-related victims have suffered because of the negligence of these companies. Our lawyers are there to help these victims.
Claims
Asbestos is comprised of fibrous minerals that can lead to serious illnesses. This includes mesothelioma (lung cancer), asbestosis, lung cancer pleural thicknessening and scarring of the lung (pleural plates). To file an asbestos lawsuit, you must prove that exposure to asbestos caused your injury or disease. An experienced attorney will evaluate your case and determine if there's a basis for a claim.
The law stipulates that you are entitled to damages for physical and emotional injuries. However, the amount you can be awarded differs from case to case. The median settlement for mesothelioma is between $1 million and $1.4 million. Your lawyer can negotiate for you to get the best compensation possible for your losses.
Bakersfield asbestos attorney is aware of the complexity 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 the various legal options you have including workers' compensation trust funds, workers' compensation, and litigation.
It is crucial to make an claim when you are diagnosed with an asbestos-related disease. In certain cases, asbestos-related diseases can develop decades after exposure. A workers' compensation claim may not cover your losses fully.
Many asbestos victims don't realize that they can sue companies responsible for their exposure to asbestos. An experienced lawyer can help you file a lawsuit against asbestos companies to secure the compensation you are entitled to.
Congress has considered a variety of legislative solutions to deal with asbestos litigation, but none of them have been enacted. In the absence of a federal solution state courts are taking measures to protect their companies and 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 illest plaintiffs are treated first and prevents overcrowding on the active docket. It also allows plaintiffs with nonmalignant illnesses to sue later if they develop cancer.
Statute of limitations
The statute of limitations restricts the time frame within which an individual is able to file a lawsuit if they have been injured or ill. The time frame for filing a lawsuit is different depending on the state and type. Mesothelioma victims should consult top lawyers immediately to ensure their rights are secured before the time limit expires.
The law requires defendants to adopt proper safety measures when they production and sale of asbestos products. The company is responsible for any injuries that result from their inability to take these precautions. They must also inform workers and the general public about the dangers of asbestos.
Asbestos companies could be held responsible for mesothelioma-related injuries due to their negligence or inability to warn asbestos victims of the risks. They could be held accountable under strict liability or in breach of implied warranties. The company is accountable for failure to produce their products in a safe way for the purpose they were intended.
Many states have some version of the discovery rule, which holds 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 cases due to the lengthy time frames of latency associated with mesothelioma, asbestosis and other asbestos-related diseases.
There are other factors apart from the statute of limitation, that can affect how mesothelioma cases are handled. This includes the nature of the claim, state in which they reside and where they were exposed and the location of asbestos-based product's manufacturers.
Certain states, for instance have different laws on personal injury and wrongful deaths claims. The law could also provide certain exceptions and extensions for victims who have mesothelioma-related cases that are complex. In certain cases the victim's time in the military could be taken into account when submitting a claim for mesothelioma. Many asbestos product manufacturers went under in the wake of asbestos litigation, but courts ordered them set trust funds for those injured by their products. Therefore, certain victims' statutes of limitation can be extended or waived when filing a claim against an asbestos trust fund.
Discovery
A good asbestos lawyer will use the process of discovery to discover information that could be beneficial to a client. If handled by an experienced lawyer, this tool can speed up the process of litigation and make settlements more straightforward.
The discovery process is a crucial element of any mesothelioma suit. Through it, attorneys have to obtain company documents, including 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 taking samples from their homes, workplace sites, and other places where asbestos might have been present. Asbestos comes in many forms. Lawyers must identify which type of asbestos was present at a specific work site to determine if it caused the client's disease.
Companies that manufacture and market asbestos-containing products knew that their products could trigger serious breathing issues. However, they continued keep this information secret for decades. It was only after asbestos workers started lawsuits against asbestos manufacturers that they were forced to reveal the company's records and admit that they were negligent.
Asbestos manufacturers and insurance companies frequently attempt to deny medical studies that prove the connection between asbestos exposure and mesothelioma, lung cancer and other illnesses. In some instances, these efforts to undermine evidence can lead to dismissal of mesothelioma claims. However, a strong asbestos lawyer can demonstrate that the defendant's actions were negligent and breached an obligation to its customers.
Mesothelioma patients also have the option of bringing an implied warranty claim for breach against asbestos-related product sellers in addition to the negligence theory. This duty is breached because asbestos is a danger in its nature, as are many other substances. In addition the plaintiff has reasonable expectations that asbestos-containing products will perform as advertised and are suitable for their intended use.
The discovery process can be long and frustrating, and it is easy to think that nothing is happening with your case. Your attorney will be busy looking through the plethora of documents defendants have sent in search of evidence to support your case.
Trial
When a plaintiff has developed an asbestos-related condition, he or she may claim damages from the company that exposed him or her to the toxins. The law that governs asbestos litigation addresses issues such as strict liability as well as negligence, breach of implied warranties and the proximate causes. In certain circumstances, a court can also give punitive damages to the plaintiff.
Asbestos lawsuits often involve more than just one defendant. Many people who suffer from asbestos-related diseases such as mesothelioma or lung cancer were exposed to asbestos at numerous locations. These include factories, mines, Navy ships and on the job at various jobsites. Asbestos litigation also includes class action settlements and the 20-50 year latency timeframe for a wide range of serious diseases.
In the event of an asbestos-related case, the first step is to determine each possible source of exposure. This may require 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 lawyer then has to prove that the defendant breached its duty to the plaintiff by exposing the plaintiff to asbestos and that this breach led to the injury. This breach could be the direct result of exposure, or indirect and caused by a company's failure to warn workers of asbestos dangers. A lawsuit will often include allegations of emotional distress.
In the end, a jury may give a plaintiff compensation in the event of an injury. These damages can include medical expenses and lost wages in the past or future as well as property damage, discomfort and pain. The amount of compensation offered varies from case to case but victims deserve fair treatment and respect from the courts.
There are a variety of legislative options to lower the cost of asbestos litigation. The most significant suggestion would transfer some of the liability from the companies responsible for asbestos exposure to bankruptcy trusts and other funds. Both the victims and the companies have rejected this approach. A lawsuit is usually the best method of seeking justice for a person who has been diagnosed with an asbestos-related illness. A lawyer who has experience handling asbestos claims can help victims and their families through this difficult process.