Asbestos Lawsuits
An experienced mesothelioma lawyer can build a strong case based on evidence such as the history of a person's job medical records, expert testimony. Many asbestos companies are no longer in existence or have gone under, but many have created trusts to compensate victims.
Asbestos litigation won't go away. However, it can be resolved more effectively and fairly using alternative dispute resolution methods.
Statute of Limitations
Asbestos victims must act fast to file their lawsuit before the statute of limitations runs out. After this time the victim is unable to longer pursue the asbestos company which caused their illness. They may not be able to claim compensation from them. An experienced lawyer who specializes in mesothelioma litigation can help ensure that the victims do not miss this crucial deadline. They can also seek compensation for their clients in other forms, like trust funds and VA benefits.
The laws governing limitations periods vary from state to state. In personal injury cases, the clock usually starts to tick on the date of the claimant's injury. The law has been modified to include mesothelioma victims, asbestos-related diseases, and other diseases that take a long time to manifest. The majority of asbestos-related claims are founded on a diagnosis, not on the date of exposure.
An attorney will understand the specifics of the statute of limitations in each state and can assist victims to determine which states they might be legally able to file in. Factors affecting this decision include the state in which the plaintiff was employed or lived, the state in which their asbestos exposure occurred and the location of the asbestos-related product manufacturer.
Certain states have laws that extend the statute of limitations when the person is not legally competent. It is common for a minor or an elderly victim to file a wrongful death suit on behalf of a loved one that died of asbestos-related illnesses.
However, the Supreme Court recently ruled that this is in conflict with fundamental principles of tort law and won't allow asbestos victims to "take two bites at the apple." It's important for victims and their heirs to consult an experienced lawyer as soon as is possible to stop this from happening. They can explain to victims the limitations on claims in each state, and advise them on the best place to file their claim based on the unique circumstances. They can assist in the filing process and ensure that the victims meet all statutory requirements. They will only take on the case of a certain number of mesothelioma cases or asbestos cases at a time to ensure that each client gets the attention they deserve.
Damages
If an asbestos victim can prove that exposure to asbestos resulted in harm and the responsible company is accountable for their injuries, they may bring a lawsuit against the company. The victim and their family members can seek compensation for medical expenses, lost income and other damages. Based on the circumstances of the case, victims can also be awarded punitive damages in order to punish the defendant or deter other companies from.
The companies who used asbestos to mine and distribute it or constructed asbestos-containing structures, or manufactured asbestos-containing items can all be held liable in a asbestos lawsuit. The individuals responsible for demolition and construction projects could be sued if asbestos-containing materials are not removed. Building owners, managers and contractors should be aware of any potential asbestos risks on the construction site.
Asbestos cases typically involve multiple defendants. A person who was exposed on a military base to asbestos could be able to sue various companies that produce mesothelioma-related products, such as manufacturers of tanks, weapons and ships. Individuals who were exposed asbestos in industrial or commercial jobs, such as shipbuilders and coal miners may also file a lawsuit.
Depending on the circumstances of each case, an action could result in either a settlement or trial verdict. The majority of mesothelioma cases settle prior to trial. However, a knowledgeable lawyer can prepare an asbestos case for trial, which can occasionally result in a higher payout.
Settlements are an agreement between a victim and an asbestos company to end the litigation. Settlements can be reached prior or even after the trial. Settlements typically have a lower value than jury awards, however they allow victims to avoid the uncertainty and stress of an investigation.
It is essential to choose a law office that has experience with asbestos cases and has the resources to seek justice for the victims. A seasoned firm can help victims gather the evidence they need to locate their old product and employment records and prepare for a trial. They can also ensure the statute of limitations does not expire and ensure that the victim receives the maximum amount of damage possible.
Litigation
Asbestos claims are complicated due to statutes of limitations and statutes de repose. These laws require that plaintiffs file their claim within a certain timeframe. These deadlines are often difficult to be met due to a variety of reasons. A person might not be diagnosed as having an asbestos-related disease until years after being exposed to asbestos. In East Orange asbestos attorneys , due to the latent nature of symptoms people may not be aware that their health issues are the result of past exposure until after it is too late to file an action.
When asbestos cases are tried the verdict of the jury can be significant in terms of compensation damages. In certain cases jurors award victims billions of dollars, which could aid in the payment of medical bills, lost wages funeral and burial costs and other expenses. But it is important to keep in mind that a successful verdict doesn't guarantee the right to receive compensation.
Certain defendants will do whatever they can to avoid paying asbestos victim's and even employing "experts" who will argue against the scientific consensus that says asbestos is dangerous and can cause Mesothelioma. These experts are paid for their work and their research is published in journals of science that are funded and controlled by the asbestos industry.
Defendants may also try to reduce the amount of money awarded by claiming that the victim of mesothelioma was negligent in some way. This is a false assertion that is easily disproved if you have a mesothelioma attorney who has the experience to review asbestos case documents and other evidence to find any errors.
Despite the fact that a few asbestos-producing firms have gone under because of these claims, other companies have set aside large sums of money to help future victims. Unfortunately, a large portion of these funds have been drained and are not in a position to pay the entire amount of a claim.
In one instance, a federal judge has declared that Garlock Oil & Gas Corp. which was a former manufacturer of asbestos-containing gaskets, incorrectly estimated its liability and must be ordered to pay more than $1 million in damages to a man who passed away from mesothelioma after being exposed to asbestos in refineries and shipyards in the navy. Other judges have also cited similar instances of legal ambiguity maneuvering but not on the same scale.
Trial
Asbestos litigation can be a complex process. Plaintiffs are required to provide various documents, including medical records as well as employment histories and others. They also have to attend depositions, reply to discovery requests and submit to other legal requirements. A successful lawsuit is financially rewarding but not easy. It is essential for the victim to have an experienced mesothelioma lawyer to assist them throughout the process.
As part of the asbestos lawsuit, plaintiffs could be able to receive compensation from solvent companies that produce asbestos-containing products. They include companies that make floor tile, joint compound roofing and siding materials caulking, boilers, insulation, pumps, and valves. Many of these companies were bankrupt following asbestos lawsuits beginning to be filed in the 1970s. However, some companies have exited bankruptcy and continue to use products that can be found in stores for building supplies across the country.
Defendants may choose to settle prior the trial or during litigation. This is not unusual since the cost of a lawsuit could be expensive and could result in negative publicity for a company. Additionally, defendants may want to avoid the risk of a substantial jury award.
The plaintiff's lawyer will present the case to the jury when the case reaches the trial stage. They must prove that exposure to asbestos caused the mesothelioma, and that the defendants' negligence or infractions contributed to the development of this disease. The jury will determine the amount of compensation to be awarded.
The defendants may appeal the verdict after the verdict has been rendered. If they appeal, the monetary award is delayed until the appeals process is completed.
Asbestos lawsuits are a major source of compensation to victims of asbestos-related illnesses. It is vital that families of deceased victims submit an action within the statute of limitations as soon as they can to ensure their rights are secured. A mesothelioma lawyer can help victims and families receive the amount of compensation they are due. Call our office today for a free consultation. We will discuss the statute of limitations as well as other important legal rules.