Asbestos Lawsuits
A mesothelioma lawyer experienced can make a strong case by utilizing evidence like employment history medical records, job history, and expert testimony. Many asbestos-related companies no longer exist or have gone under, but many have established trusts to compensate victims.
Asbestos litigation will not go away. Alternative dispute resolution methods can help to resolve the issue more efficiently and with greater fairness.
Statute of Limitations
Asbestos victims need to act fast to start a lawsuit before the statute of limitations expires. When this time frame expires, a victim can no longer pursue the asbestos company that caused their illness and may never be able to claim compensation from them. An experienced attorney specializing in mesothelioma litigation will ensure that the victims don't miss this crucial deadline. They can also seek compensation for their clients in other forms, like trust funds and VA benefits.
The laws governing statutes of limitations differ by state. In personal injury cases, the clock usually starts ticking at the date of the victim's injury. The law has been changed to accommodate victims of mesothelioma or asbestos-related illnesses, as well as other illnesses that take years to be diagnosed. The majority of asbestos-related claims are founded on a diagnosis, not the date of exposure.
An attorney will understand the specifics of each state's statute of limitations and can help victims determine which states they are qualified to file a claim in. Factors affecting this decision include the state where the claimant lived or worked, where the asbestos exposure occurred, and the location of the asbestos product's manufacturer.
Certain states also have laws that suspend the statute of limitations when the party is not legally able. It is not uncommon for a minor or elderly victim to file a wrongful death suit on behalf of a loved one that died of asbestos-related diseases.
The Supreme Court recently ruled this is in violation of tort law's fundamental principles and will not allow asbestos victims to "take a second bite at the apple." It is essential that victims or their heirs consult an experienced lawyer immediately to stop this. The experienced lawyers can explain the statute of limitations for each state and can help victims determine the most appropriate place to file their claim based on their specific circumstances. They can also assist in the filing process and assist victims meet any legal requirements. They only accept the case of a certain number of mesothelioma cases or asbestos cases at a time to ensure that each client is given the attention they deserve.
Damages
If an asbestos victim can prove that exposure to asbestos caused them harm and that the responsible company is accountable for their injuries, they may bring a lawsuit against the company. Lawsuits seek compensation for the victim and their loved ones for medical expenses, lost wages and other damages. Depending on the circumstances of the case, victims could also be awarded punitive damages intended to penalize the defendant and discourage other businesses from engaging in similar actions.
In a lawsuit involving asbestos, companies who mined asbestos, distributed asbestos, constructed buildings that contained asbestos, or produced asbestos-containing products can all be held responsible. The people who oversee demolition and construction projects may also be sued if the asbestos-containing materials are not removed. Managers, building owners, and contractors must also fully inform workers of any potential asbestos risks on a construction site.
Asbestos cases typically involve multiple defendants. Someone who was exposed from an army base to asbestos may sue a variety of companies that make mesothelioma related products, like makers of tanks, weapons and ships. Anyone who was exposed to asbestos in industrial or commercial jobs, like shipbuilders and coal miners, are also able to sue.
Depending on the circumstances of each case a lawsuit can result in either a settlement or trial verdict. The majority of mesothelioma lawsuits are settled prior to going to trial. A competent lawyer can help prepare asbestos cases for trial, and this may result in higher settlements.
Settlements are agreements between a victim of asbestos and the asbestos company that end the litigation. Settlements can be reached before or even after a trial. Settlements are usually lower in value than jury awards, but they save victims the stress and uncertainty that comes with a trial.
It is essential to choose a law firm that has experience with asbestos cases and has the resources necessary to pursue justice for the victims. A seasoned firm can help victims gather the necessary evidence, track down old records of employment and product, and prepare for an appeal. They can also ensure that the statute of limitation does not expire and that the victim receives the maximum amount of damages possible.
Litigation
Asbestos lawsuits are often complex because of statutes of limitations and repose statutes, a legal requirement that plaintiffs file their claim within certain deadlines. These deadlines can be difficult to adhere to due to a range of reasons. One may not be diagnosed with an asbestos-related illness until years after being exposed to asbestos. In addition, due to the latent nature of symptoms the patient may not be aware that their current health issues are caused by the exposure they had in the past until it is too late to file an action.
If asbestos cases go to trial, the jury's verdict could be significant in terms of compensation damages. In some cases, jurors award victims million-dollar sums that can cover medical costs, lost wages, funerals and burials, and other losses. However, it is important to keep in mind that a verdict that is deemed to be successful doesn't guarantee the right to receive compensation.
Some defendants will do all they can to avoid paying asbestos victims, which includes hiring "experts" to challenge the scientific consensus that asbestos is harmful and causes mesothelioma. These experts are paid and their research is published by scientific journals that are controlled and funded by the asbestos industry.
Defendants will also try to reduce the amount of money given by arguing that the mesothelioma patient was negligent in some way. This is a false argument that is easily disproved by mesothelioma lawyers who have the expertise to go through asbestos case files and other evidence to identify any mistakes.
Despite the fact that some asbestos-producing companies have gone bankrupt due to these claims other companies have set aside large sums of money for future victims. Unfortunately, a large portion of these funds have been depleted and are no longer capable of paying the entire amount of an claim.
In one instance, a federal judge declared that Garlock Oil & Gas Corp., a former manufacturer of asbestos-containing gaskets, incorrectly calculated its liability and should be forced to pay more than $1 million in damages to a man who died from mesothelioma following exposure to asbestos in refineries and naval shipyards. Other judges have observed similar instances of legal ambiguity maneuvering in asbestos cases, but not on a massive scale.
Trial
Asbestos litigation can be a lengthy procedure. It requires plaintiffs to provide numerous documents, including medical records, employment history and more. They also have to attend depositions and respond to discovery requests, as well as comply with other legal requirements. A successful lawsuit can be financially rewarding, but it is not easy. An experienced mesothelioma lawyer is essential to assist victims throughout the process.
Plaintiffs in asbestos litigation may be entitled to compensation from companies that manufacture asbestos containing products. They include companies that make joint compound, floor tile roofing and siding materials caulking insulation, boilers pumps, valves, and boilers. In the 1970s, asbestos lawsuits caused a lot of these companies to become bankrupt. However some companies have emerged from bankruptcy and continue to operate with products available in stores for building supplies across the nation.
The defendants can decide to settle before trial or in the course of litigation. This is not uncommon since the costs of a lawsuit can be costly and can cause negative publicity for companies. In addition, defendants may want to avoid the risk of a substantial jury award.
Once the case reaches trial, the plaintiff's lawyer will present a case to a jury. They must prove the asbestos exposure led to mesothelioma and that the negligence of the defendants contributed to the development of the disease. Camden asbestos attorneys will then determine the amount of compensation to be awarded.
The defendants have the option of appealing the verdict after the verdict has been handed down. If they do so, the monetary award will be delayed until the appeals process is completed.
Asbestos lawsuits are a major source of compensation for those suffering of asbestos-related illnesses. It is vital that families of deceased victims make an action within the statute of limitations as soon as possible to ensure their rights are secured. A skilled mesothelioma lawyer will assist victims and their families receive the justice they deserve. Call our office today for no-cost consultation. We will discuss the statute of limitations and other important legal regulations.