Asbestos Lawsuits
An experienced mesothelioma law firm can present a convincing case based on evidence such as employment history, medical records and expert testimony. Many asbestos-related companies are no longer in business or have gone bankrupt. However, a lot of them have set up trusts to compensate victims.
Asbestos litigation will not disappear. Alternative dispute resolution methods can help to resolve the issue more efficiently and with greater fairness.
Statute of limitations
Asbestos victims must act fast to file a lawsuit before the statute expires. After the statute of limitations has expired, asbestos victims will no longer be able to pursue the asbestos companies that caused their illness. They may also not receive compensation. An attorney for mesothelioma can assist victims in meeting the deadline. They may also pursue compensation for their clients in other forms, including trust funds and VA benefits.
State laws differ in the area of statutes of limitation. In personal injury cases, the clock generally starts to tick on the date of the victim's injury. The law has been changed to allow for victims of mesothelioma, asbestos-related diseases, and other illnesses that take years to be diagnosed. The majority of asbestos-related claims are based on a diagnosis, not on the date of exposure.
An attorney can assist victims determine the states which they might be able to claim. This decision is dependent on the state in which the plaintiff lives or works, the place where they were exposed to asbestos and the location of their asbestos product manufacturer.
Some states have laws that can suspend the statute of limitations if an individual is not legally able. This is typically the case when a minor or an elderly victim files a wrongful death suit on behalf of a loved one who passed away from an asbestos-related disease.
However the Supreme Court recently ruled that this is against the fundamental principles of tort law and won't allow asbestos victims to "take two bites at the apple." It's important for the victims or their heirs to consult an experienced lawyer as soon as is possible to avoid this occurring. The experienced lawyers can explain the statute of limitations in every state and provide victims with the most appropriate place to file their claim based on their particular circumstances. They can also assist in the filing process and help victims meet any legal requirements. They will only handle a limited number of mesothelioma and asbestos-related cases at a time, so each client receives the personal attention they deserve.
Damages
If an asbestos victim can prove that asbestos exposure caused harm to them and the responsible party is accountable, they can bring a lawsuit against the company. The victim and family may claim compensation for medical expenses, lost income and other damages. Depending on the specifics of the case, victims could also be awarded punitive damages to penalize the defendant and discourage other companies from engaging in similar behavior.
In Olathe asbestos attorneys who mined asbestos, distributed asbestos, built buildings containing asbestos, or produced asbestos-containing products can all be held accountable. The people who oversee demolition and construction projects may also be sued if the asbestos-containing materials aren't removed. Managers, building owners and contractors are also required to inform all employees of any asbestos-related dangers at a jobsite.
Many people who were exposed to asbestos worked in a variety of industries, and asbestos cases often involve multiple defendants. For instance, a person who was exposed to asbestos on military bases could sue multiple companies that manufactured mesothelioma products, including manufacturers of weapons, ships and tanks. The same is true for individuals who were exposed to asbestos when working in commercial or industrial jobs, such as shipbuilders and coal miners.
Based on the specific circumstances of each case a lawsuit can result in either a settlement or a trial verdict. The majority of mesothelioma cases settle prior to trial. A skilled lawyer can prepare an asbestos case for trial, which can occasionally result in a higher settlement.
Settlements are agreements between a person who has suffered and the asbestos company to stop the litigation. Settlements can be reached prior, during or even after the trial. Settlements usually are less valuable than jury awards, however they enable victims to escape the stress and uncertainty of a trial.
It is crucial to select a law firm that has experience with asbestos cases and has the resources necessary to seek justice for victims. An experienced firm can help victims gather the necessary evidence to locate their old product and employment records and prepare for an appeal. They can also make sure that the time-limits for filing a lawsuit do not expire and that a victim is awarded the maximum amount of damages that are possible.
Litigation
Asbestos lawsuits can be complicated because of statutes of limitations and repose statutes, a legal requirement that plaintiffs file their claim within a certain timeframe. These deadlines are often difficult to meet due to a variety of reasons. For instance, a person may not be diagnosed with an asbestos-related illness until a long time after being exposed to asbestos. One may not be aware that their current health problems result from exposure to asbestos in the past because latent symptoms can be difficult to recognize.
If asbestos cases go to trial, the jury's verdict could be significant in terms of compensation damages. In some cases jurors award victims billions of dollars, which could be used to pay medical expenses as well as lost wages funeral and burial expenses and other expenses. It is important to remember that a positive verdict doesn't guarantee 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 harmful and causes mesothelioma. These experts are paid and their research is published in scientific journals that are governed and funded by the asbestos industry.
The defendants may also attempt to reduce the amount awarded by claiming that the person who was the victim of mesothelioma acted negligently in some way. This is a false argument that can be easily refuted by a mesothelioma attorney who has the knowledge to look over asbestos case documents and other evidence to identify any mistakes.
While some companies that manufacture asbestos products have gone bankrupt because of these claims Some have set aside large sums to compensate future victims. Unfortunately, a large portion of these trust funds have been depleted to the point that they can no longer pay the full amount of an claim.
In one instance, a federal court decided that Garlock Oil & Gas Corp. was a former manufacturer of asbestos-containing rubber gaskets was not correctly calculating its liabilities and should have been forced to pay more than $1 million in damages to a mesothelioma victim who died after being exposed asbestos in naval shipyards and refineries. Other judges have also noted similar cases of questionable legal maneuvering but not on the same scale.
Trial
Asbestos litigation is a complex process. It requires plaintiffs to submit a number of documents such as medical records, employment history and much more. They are also required to take depositions and respond to discovery requests, and comply with other legal requirements. A successful lawsuit can be financially rewarding but not easy. A mesothelioma lawyer with experience is required to assist victims throughout the process.
As part of the asbestos lawsuit, plaintiffs could be eligible to receive compensation from solvent-based companies that make asbestos-containing products. This includes manufacturers of floor tile and joint compound, roofing materials and siding insulation, caulking, boilers and pumps, valves, and caulking. In the 1970s asbestos lawsuits caused many of these companies to go bankrupt. However some companies have emerged from bankruptcy and continue to operate using products that can be found in building supply stores across the country.
The defendants can choose to settle before trial or during litigation. This is not uncommon since lawsuits can cost a substantial amount of money and bring negative publicity to a company. A defendant may also want to avoid a large jury verdict.
The lawyer representing the plaintiff will present the case to the jury once the case has reached the trial stage. They must show that exposure to asbestos caused mesothelioma, and that the defendants' negligence, or wrongdoing, caused the disease. The jury will decide the amount of compensation that is to be awarded.
The defendants may appeal the verdict after the verdict has been given. If they do, the award will be delayed while the appeals process is concluded.
Asbestos lawsuits are a significant source of compensation for victims of asbestos-related diseases. Families of deceased victims need to make a claim as quickly as they can within the statute of limitation to protect their rights. An attorney for mesothelioma can assist victims and families receive the compensation that they deserve. Call our office today for free consultation. We will be able to explain to you the statute of limitations as well as other important legal guidelines.