Asbestos Lawsuit: It's Not As Difficult As You Think
Asbestos Lawsuits
An experienced mesothelioma lawyer can build a strong case from evidence including the history of a person's job medical records, expert testimony. Many asbestos-related companies have ceased operations or have declared bankruptcy. However, a lot of them have established trusts to pay victims.
Asbestos litigation is not going away. However it can be dealt with more effectively and fairly through alternative dispute resolution methods.
Statute of Limitations
Asbestos patients must act quickly to file a lawsuit before the statute expires. After the statute of limitations runs out, asbestos victims will not be able to sue asbestos-related companies that caused their illness. They may also never receive compensation. An experienced lawyer with expertise in mesothelioma litigation can help ensure that the victims don't miss this crucial deadline. They may also pursue other forms of asbestos compensation on their clients' behalf like trust fund money and VA benefits.
State laws vary in terms of statutes of limitations. In personal injury cases, the clock usually starts ticking at the date of the plaintiff's injury. The law has been modified to accommodate victims of mesothelioma, asbestos-related diseases, and other illnesses that take years to manifest. The majority of asbestos-related claims are based on a diagnosis, not the date of exposure.
An attorney can help victims identify the states in which they may be eligible to claim. Factors affecting this decision include the state in which the claimant resided or worked, the place where their asbestos exposure occurred and the location of the asbestos product's manufacturer.
Some states have laws that can suspend the statute of limitation when an individual is not legally able. This is typically the situation when a child or an elderly victim files a wrongful death lawsuit on behalf of a loved one who passed away from an asbestos-related disease.
The Supreme Court recently ruled this is in violation of fundamental tort law principles and will not permit asbestos victims to "take a second bite at the apple." It is essential that the victims or their heirs speak to an experienced lawyer right away to stop this. Lawyers can explain to the victims the statute of limitation in every state, and guide them on the most appropriate place to file their claim based on their specific circumstances. They can also help with the filing process and assist clients meet any statutory requirements. They will only handle a limited number of mesothelioma and asbestos-related cases at a given time, which means each client receives the personal attention they require.
Damages
If an asbestos victim is able to prove that they were exposed to asbestos and that exposure caused harm, the victim can bring a lawsuit against the company responsible for their exposure to asbestos. Lawsuits seek to compensate the victim and their family for medical expenses, lost wages, and other damages. Based on the facts of the case, the victim may also receive punitive damages to penalize the defendant or deter other businesses from.
The companies who extracted and distributed asbestos as well as constructed asbestos-containing buildings or manufactured asbestos-containing items can be held accountable in an asbestos lawsuit. The people responsible for demolition and construction projects could be held accountable if they did not take the necessary precautions to ensure that any asbestos-containing materials are removed. Building owners, managers and contractors must be aware of any asbestos-related risks on a construction site.
Asbestos cases typically involve multiple defendants. A person who was exposed on a military base to asbestos may be able to sue various companies that produce mesothelioma-related products, such as manufacturers of weapons, tanks and ships. People who were exposed to asbestos in industrial or commercial jobs, such as coal miners and shipbuilders, are also able to sue.
Based on the specific circumstances of each case the outcome of a lawsuit could be either a settlement or trial verdict. The vast majority of mesothelioma claims are settled prior to going to trial. However, a knowledgeable lawyer can prepare an asbestos case to go to trial, which can sometimes result in a larger settlement.
Settlements are agreements between a victim of asbestos and the asbestos company that end the litigation. Settlements can be reached prior to or during the trial. Settlements typically have a lower value than jury awards, however they allow victims to avoid the stress and uncertainty of the trial.
In the event of making an asbestos lawsuit it is essential to choose a law firm that has handled similar cases in the past and has the resources to seek justice for victims. An experienced firm can help victims gather the evidence needed, track down documents from the past regarding employment and products and prepare for an appeal. They can also make sure that the statute of limitations does not run out and that the victim receives the highest amount of damages possible.
Litigation
Asbestos cases are complex because of statutes of limitation and statutes of repose. These laws require that plaintiffs file their claims within a specific timeframe. These deadlines can be difficult to adhere to due to a range of reasons. One may not be diagnosed with an asbestos-related condition until several years after exposure to asbestos. Due to the opacity of symptoms the patient may not realize that their health problems are a result of the exposure they had in the past until it is too late to file a lawsuit.
When asbestos cases are tried in a jury trial, the verdict could be significant when it comes to compensation damages. In some cases jurors give victims million-dollar compensation which be used to pay for medical expenses as well as lost wages funerals and burials and other expenses. However, it is important to keep in mind that a favorable verdict does not guarantee the right to receive compensation.
Some defendants will do all they can to avoid paying asbestos victims, which includes hiring "experts" to argue against the scientific consensus that asbestos is dangerous and causes mesothelioma. These experts are paid for their work, and their research is published in journals of science that are controlled and funded by the asbestos industry.
The defendants will also try to reduce the amount awarded by arguing that the mesothelioma victim was negligent in some way. This is a false claim that can be easily disproved by a mesothelioma lawyer who is experienced, as attorneys are able to look over asbestos case records and other evidence to find any mistakes made by a defendant.
While some companies that manufacture asbestos products have gone bankrupt under the weight of these claims Some have set aside huge funds to pay future victims. Unfortunately, many of these trust funds have been depleted to the point where they are no longer able to pay the full amount of the claim.
In one instance, a federal judge has decided that Garlock Oil & Gas Corp. which was a former manufacturer of asbestos-containing gaskets, improperly calculated its liability and is now required to pay more than $1 million in damages to a man who passed away from mesothelioma after being exposed to asbestos at naval shipyards and refineries. Other judges have noted similar instances of dubious legal actions in asbestos cases, though not on such huge scale.
Trial
Asbestos litigation can be a lengthy process. Plaintiffs must submit numerous documents, including medical records, employment histories, and others. They must also attend depositions, reply to requests for discovery and comply with other legal requirements. A successful lawsuit can be financially rewarding, but it isn't easy. It is essential for a victim to have an experienced mesothelioma lawyer to guide them through the process.
As Aurora asbestos lawyer of the asbestos litigation, plaintiffs may be able to receive compensation from solvent-based companies that make asbestos-containing products. This includes manufacturers of joint compound and floor tile roofing materials, siding and roofing insulation, caulking and insulation, boilers and pumps, valves and caulking. In the 1970s, asbestos lawsuits caused many of these companies to become bankrupt. Some companies have escaped bankruptcy and are operating using asbestos-containing products that are found in stores selling building supplies across the country.
The defendants may settle prior to trial or at the time of litigation. This is not unusual since litigation could cost a significant amount of money and could cause negative publicity to a business. Additionally, defendants might prefer to avoid the risk of a substantial jury award.
When the case is ready for trial, the plaintiff's lawyer will present the case to the jury. They must prove the asbestos exposure that caused mesothelioma, as well as that the defendants' negligence contributed to the development of the disease. The jury will determine the amount of compensation that is to be awarded.
The defendants may appeal the verdict after the verdict has been rendered. If they do, the monetary award will be delayed until the appeals process is concluded.
Asbestos lawsuits are a major source of compensation for those suffering of asbestos diseases. It is essential that the families of deceased victims submit claims within the timeframe of limitations as soon as is possible to ensure that their rights are protected. A mesothelioma attorney can help victims and families receive the compensation they deserve. Call us today to receive a free consultation. We will go over the statute of limitations as well as other important legal regulations.