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Asbestos Law and Litigation Asbestos cases fall under the category of toxic torts. This long-running mass tort involves thousands of claimants, and thousands of defendants. Companies produced asbestos-containing products over many decades without disclosing the dangers posed by this poisonous mineral. Asbestos victims have suffered as a result of the negligence of these companies. Our lawyers assist these injured victims. Claims Asbestos is comprised of fibrous minerals that can cause serious illnesses. This includes mesothelioma (lung cancer), lung cancer, asbestosis, swelling of the pleural membrane, and scarring in the lung (pleural plates). To bring a lawsuit against asbestos you must prove that asbestos exposure caused your injury or disease. A qualified attorney can assess your case to determine if you have grounds for a claim. In accordance with the law, you can receive damages for both physical and emotional injuries. The amount you will be awarded will vary from case to case. The median settlement for mesothelioma is between $1 million and $1.4 million. Federal Way asbestos attorney can negotiate for you to obtain the best amount of compensation for your losses. A knowledgeable lawyer is aware of the intricacies of asbestos law. They will know how to investigate your case to determine if you have an asbestos-related disease and whether it was caused by your work exposure. They will explain to you the different legal options available to you. They will explain the various options available to you, including workers compensation, trust funds and litigation. It is important to submit an claim as soon as you are diagnosed with an asbestos-related disease. In some cases it could take years for an asbestos-related condition to develop following exposure. Additionally, a workers compensation claim might not be sufficient to cover your losses. 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 attorney can assist you file an asbestos lawsuit to receive the amount of compensation you deserve. Congress has considered a range of legislative solutions to deal with asbestos litigation, but none has been enacted. In the absence a federal solution to asbestos litigation, state courts take action to protect their businesses and injured plaintiffs. For instance judges in Illinois, Maryland, Massachusetts, New Jersey, and other states are establishing pleura registries to shift nonmalignant asbestos claims to an inactive docket, until they become malignant. This ensures that the illest plaintiffs are treated first, and prevents overcrowding on the active docket. Moreover, it allows those who have nonmalignant illnesses to file a lawsuit at a later date when they develop malignancies. Statute of limitations The statute of limitations limits the amount of time that a person can file a lawsuit for an injury or illness. It varies according to state and kind of claim. Mesothelioma victims should consult top attorneys immediately to ensure their rights are secured before the time limit expires. The law requires defendants to take appropriate safety precautions during the production and sale of asbestos-related products. If they fail to follow these steps, they are liable for any injuries related to asbestos that happen. Additionally, they have to provide an education to employees and the general public about the dangers of asbestos. Asbestos companies may be held liable for mesothelioma related injuries resulting from the negligence of the company and its inability to warn asbestos victims about the risks. They could be held accountable under strict liability or in breach of implied warranties. The company is liable if it fails to manufacture their products in a safe way to meet the purpose for which they were designed. Many states have some version of the discovery rule which holds that the statute of limitations “clock” does not start until the asbestos victim has discovered or should have discovered their injury. This is particularly relevant in asbestos cases due to the lengthy latency periods associated with asbestosis, mesothelioma and other asbestos-related diseases. In addition to the time limit, there are several other factors that can influence how a mesothelioma claim is handled. This includes the type, state, and location of the asbestos product manufacturer. Certain states, for instance have different laws on personal injury and wrongful death claims. There are exemptions or extensions to the law for victims with mesothelioma cases that are complex. In some instances the victim's time in the military could be taken into account when submitting a claim to the court for mesothelioma. Many asbestos product manufacturers went bankrupt because of asbestos litigation, but courts ordered them to put aside money in trust funds for those who were injured by their products. In the end, some victims' statutes of limitation is extended or waived when filing a claim through an asbestos trust fund. Discovery A skilled asbestos lawyer can utilize the discovery process to uncover facts that could aid the client's case. If handled by an experienced lawyer this tool can speed up litigation and make settlements easier. Discovery is a vital element of any mesothelioma case. Attorneys need to use this method to get documents from the company, like emails and records, and information about asbestos products manufactured and sold by a defendant. The discovery process involves interviewing the victims' coworkers as well as obtaining samples from their workplaces, homes, and any other place where asbestos may be present. Asbestos can be found in a variety of forms. Lawyers must determine what kind of asbestos was present at a particular workplace to determine if it contributed to the client's disease. Companies that manufacture or sell asbestos-containing products understand that their products can cause serious breathing problems. However, they continued keep this information secret for decades. Only after asbestos manufacturers began to be accused of negligence by workers were they forced to release company records and admit to their incompetence. Asbestos manufacturers and insurance companies frequently attempt to discredit medical studies that show a link between asbestos exposure and mesothelioma, lung cancer, and other illnesses. In some cases, this effort to discredit the evidence can lead to the denial of mesothelioma lawsuits. A skilled asbestos lawyer however, can prove that the defendant's actions were negligent or in breach of its legal obligation to its clients. In addition to the usual negligence theory, mesothelioma patients can bring a breach of implied warranty claim against companies that sell asbestos products. This duty is breached because asbestos is dangerous by nature, just like many other substances. Moreover, the plaintiff has a reasonable expectation that asbestos-containing products will perform as advertised and be suitable for their intended use. It's easy to feel that your case isn't moving forward during the discovery process. However, your attorney will be busy combing through the massive amount of documents provided by defendants, looking for any important evidence that could strengthen your case and increase the chances of winning compensation. Trial A person who has contracted an asbestos-related illness could be able recover damages from companies that exposed them to the harmful substance. The asbestos law covers such issues as strict liability and negligence and breach of implied warranties and proximate cause. A court may give the plaintiff punitive damages in certain cases. Asbestos lawsuits often involve more than just one defendant. Many sufferers who develop mesothelioma lung cancer, or other asbestos-related illnesses were exposed to asbestos in a myriad of locations. Mines, manufacturing plants and Navy ships are all examples. Asbestos litigation is a result of settlements in a class action and the 20-50 year time frame for the latency of various serious diseases. In the case of asbestos the first step is to determine each possible source of exposure. This could mean looking over the work history of 40 or 50 years, and also Social Security, union records tax records, other documents. The next step is to demonstrate that the defendant did not fulfill its duty to the plaintiff by exposing him to asbestos and that this breach caused the injury. This can be directly resulting from exposure, or indirectly resulted from a company's inability to warn employees about asbestos hazards. A lawsuit can also include allegations of emotional distress. A jury may also give a plaintiff compensation for his or her injury. These damages may include medical expenses and lost wages in the past and in the future damages to property, discomfort and pain. The amount of compensation offered varies from case to case however, victims are entitled to fair treatment and respect from the justice system. Several legislative remedies are proposed to reduce the cost of asbestos litigation. The most important proposal is to transfer some of the liability from the companies responsible for asbestos exposure to bankruptcy trusts and other funds. This proposal has been rebuffed by both the affected and the company. A lawsuit is usually the most effective method to seek justice for a person who has been diagnosed with an asbestos-related disease. A lawyer with expertise in handling asbestos cases can assist victims and their families through this difficult process.