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Asbestos Law and Litigation Asbestos cases are a sub-class of toxic torts. This long-running mass tort involves thousands of plaintiffs and 8,000 defendants. These companies manufactured asbestos-containing substances for many decades, without warning about the dangers. Their negligence has caused asbestos victims to suffer. Our lawyers are there to help these victims. Claims Asbestos is composed of fibrous minerals, which can cause serious health issues. This includes mesothelioma and lung cancer, but also asbestosis, pleural thickening and scarring of the lungs (pleural plaques). To file an asbestos lawsuit you must prove that asbestos exposure caused your injury or disease. An experienced attorney will evaluate your case 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 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 with you to obtain the best compensation possible for your losses. An experienced lawyer understands the complexity of asbestos law. They will be able to examine your case to determine if you suffer from asbestos-related illnesses and if it was caused by work-related exposure. They will explain to you the various legal options available to you. These include workers' compensation, trust fund and litigation. It is essential to file an claim immediately after you have been diagnosed with an asbestos related disease. In some instances asbestos-related diseases can manifest years after exposure. In addition, a workers compensation claim might not be enough to compensate you for your loss. Many asbestos victims do not realize that they are able to claim compensation from companies that are responsible for their exposure to asbestos. An experienced lawyer can help you file an asbestos lawsuit to get the compensation that you are entitled to. Congress has considered a range of legislative options to deal with asbestos litigation, but none of them have been passed. In the absence of a federal solution, state courts are taking measures 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 move nonmalignant asbestos claims to an inactive docket until they are malignant. This ensures that the most sick 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 in the future should they develop cancer. Statute of limitations The statute of limitations restricts the time frame within which an individual is able to bring a lawsuit if they have been injured or ill. It is different for each state and 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 to take appropriate safety precautions when they production and sale of asbestos products. Orange asbestos lawsuits are responsible for any injuries resulting from their failure to take these precautions. Additionally, they have to provide workers and other members of 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 dangers. They may be held liable under strict liability or in breach of implied warranties. The company is responsible if it fails to manufacture their products in a safe manner for the purpose they were intended. Most states have a discovery rule that states the statute of limitations “clock” does not begin until the asbestos victim has discovered their injury or should have discovered it. This is especially important for asbestos cases because of the long time of latency associated with mesothelioma and other asbestos-related diseases. In addition to the statute of limitations there are other factors that may influence how a mesothelioma claim is filed. This includes the type, state and location of the asbestos product manufacturer. For instance, certain states have different statutes of limitation for personal injury and wrongful death lawsuits. There could be exceptions or extensions to the law for those who have mesothelioma claims that are complex. Additionally, the victim's military service may be taken into consideration when filing a mesothelioma case and could extend the time period for filing in certain instances. Asbestos litigation caused many asbestos-related companies to go bankrupt, but the courts required the companies to put aside money in trust funds to help those affected by their products. Consequently, some victims' statutes of limitations will be extended or waived when filing a claim against an asbestos trust fund. Discovery A competent asbestos lawyer will utilize the discovery process in order to uncover information that could be helpful to a client. If handled by a skilled lawyer, this tool can speed up litigation and make settlements easier. Discovery is an important part of any mesothelioma case. Through it, attorneys have to collect company documents, such as records and emails and also information on the asbestos products that defendants produced and sold. The process of discovery also includes interviewing victims' coworkers and seeking samples from homes, employment sites, and other areas where asbestos could be present. Asbestos comes in many forms. Lawyers must determine which type of asbestos was present at a specific workplace to determine if it was the cause of the client's illness. Companies that manufacture and market asbestos-containing products were aware that their products could cause serious breathing issues. Despite this they hid the information for a long time. Only after asbestos manufacturers began to be sued by workers were they forced to release company records and admit their mistakes. Asbestos producers and insurance companies often try to discredit medical studies that show an association between exposure to asbestos and mesothelioma, lung cancer, and other diseases. In some cases attempts to undermine evidence can lead to dismissal of a mesothelioma case. However, a skilled asbestos lawyer can prove that the defendant's actions were negligent and breached a legal duty to its customers. In addition to the standard negligence theory, mesothelioma patients may also bring a breach of implied warranty claim against firms that sell asbestos-related products. The breach of this obligation is based upon the fact that asbestos, as many other substances, is inherently dangerous. The plaintiff also has reasonable expectations of asbestos-containing products performing as advertised and being 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. Your lawyer will be looking through the plethora of documents that defendants have submitted seeking evidence to bolster your case. Trial If a plaintiff is diagnosed with an asbestos-related illness is diagnosed with an asbestos-related illness, the plaintiff can claim damages from the company who exposed them to the toxins. The law governing asbestos litigation addresses issues such as strict liability and negligence and breach of implied warranties, and the proximate causes. In certain circumstances, a court can also decide to award punitive damages to a plaintiff. Asbestos claims often involve more than one defendant. Many people who develop asbestos-related diseases like mesothelioma or lung cancer have been exposed to asbestos at dozens of different places. This includes factories, mines, Navy ships and on the job at various jobsites. Asbestos litigation also involves class action settlements and the 20-50 year latency period for a wide range of serious diseases. The first task in an asbestos case is to determine every possible source of exposure. This may require reviewing the work history of 40 or 50 years, in addition to Social Security, union records tax records, other documents. A lawyer has to establish that the defendant acted in breach of their obligation to the plaintiff by the exposure of asbestos to them, and that the breach resulted in the injury. This breach could be a direct result of the exposure, or it could be indirect and occur because of a company's decision not to warn its employees about asbestos's dangers. A lawsuit will often include allegations of emotional distress. A jury can also give compensation to a plaintiff for their injury. These damages can include medical expenses as well as lost wages in the past and in the future as well as property damage, discomfort and pain. The amount of compensation awarded can vary from case-to-case. However, the victims are entitled to fair treatment by the courts. A variety of legislative solutions have been suggested to cut down the costs of asbestos litigation. The most significant suggestion would transfer some of the liabilities from the companies that were responsible for asbestos exposure to bankruptcy trusts and other funds. Both victims and companies have resisted this plan. A lawsuit is usually the best method of seeking justice for someone who has been diagnosed with an asbestos-related illness. A lawyer who has experience with asbestos-related lawsuits can help victims and their families during this challenging process.