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Asbestos Law and Litigation Asbestos cases fall under the category of toxic torts. This long-running mass tort entails thousands of plaintiffs and 8,000 defendants. Temecula asbestos lawyers manufactured asbestos-containing materials for many decades, without warning about the dangers. Asbestos victims have suffered because of the negligence of these companies. Our lawyers assist these injured victims. Claims Asbestos is one of the fibrous minerals that can cause severe illnesses. This includes mesothelioma (lung cancer), lung cancer, asbestosis, pleural thicknessening and scarring of the lung (pleural plates). To make an asbestos lawsuit it must be established that exposure to asbestos caused the injury or illness. A licensed attorney can review your situation to determine if you have a valid claim. The law stipulates that you may be able to recover damages for physical and emotional injuries. However, the amount you could be awarded varies from case to case. The mesothelioma average settlement ranges from $1 million to $1.4 million. Your attorney can negotiate on your behalf to secure you the highest amount of compensation for your losses. An experienced lawyer understands the complexity of asbestos law. They will know how to investigate your case to determine if you have an asbestos-related condition and if it was caused by work-related exposure. They will provide you with the various legal options available to you including workers compensation as well as trust funds and litigation. If you have been diagnosed with an asbestos-related condition, it is important to file a lawsuit immediately. In some cases asbestos-related illnesses can develop decades after exposure. A workers' compensation claim may not cover your losses fully. Many asbestos victims don't realize that they can sue the companies that caused their exposure to asbestos. A lawyer with experience can assist you in filing a lawsuit against asbestos companies to get the compensation that you deserve. While Congress has considered a variety of legislative options to address the asbestos litigation crisis however none of them has been approved. In the absence a federal solution to asbestos litigation state courts are taking action to protect their businesses as well as injured plaintiffs. Judges in Illinois, Maryland Massachusetts, New Jersey and other states establish pleura registries to transfer asbestos cases that are not malignant to an inactive docket, until they are diagnosed as malignant. This ensures that the sickest plaintiffs are treated first, and prevents overcrowding of the active docket. It also allows those who suffer from non-malignant illnesses to file a lawsuit in the future should they develop cancer. Statute of limitations The statute of limitations restricts the time frame during which a person is allowed to file a lawsuit for an injury or illness. It is different for each state and type of claim. Mesothelioma victims should consult top attorneys promptly to ensure their rights are protected before the statute of limitations expires. The law requires defendants take appropriate safety measures during the production and sales of asbestos-based products. If companies fail to take such precautions they are accountable for any injuries related to asbestos that occur. Additionally, they have to provide an education to employees and members of the public about asbestos' dangers. Asbestos companies may be held liable for mesothelioma related injuries resulting from the company's negligence and inability to warn asbestos victims about the risks. They could also be held accountable under strict liability and breach of implied warranties. The former basically means that the company did not manufacture its products in a manner that is safe for their intended purpose. Many states have some form of the discovery rule which stipulates that the statute of limitations “clock” does not begin until the asbestos victim discovers or should have realized their injuries. This is especially important in asbestos cases due to the lengthy latency period that is that is associated with mesothelioma as well as other asbestos-related illnesses. In addition to the limitation period there are other factors that could affect the way a mesothelioma lawsuit is filed. This includes the type, state, and location of the asbestos product manufacturer. Some states, for example have different laws on personal injury and wrongful deaths claims. There could be exceptions or extensions in the law for victims who have complex mesothelioma claims. In some instances the victim's time in the military could be taken into account when filing a claim for mesothelioma. Asbestos litigation caused many asbestos-related companies to go under however, the courts ordered the companies to put aside money in trust funds for people harmed by their products. Certain victims' statutes of limitations can be extended or waived in the event of claims through an asbestos trust fund. Discovery A skilled asbestos lawyer can use the discovery process to uncover details that can aid in a client's case. This tool, in the hands of a skilled lawyer can speed up the process of litigation. It can also make settlements easier. Discovery is a crucial element of any mesothelioma case. Through it, attorneys need to get company documents, like records and emails as well as details about asbestos-related products that a defendant manufactured and sold. The discovery process involves interviewing the coworkers of the victim, and also obtaining samples from their workplaces, homes and any other places where asbestos may have been present. Asbestos comes in many forms. Lawyers must determine which type of asbestos was present at a particular work site to determine if it was the cause of the client's illness. Companies that manufacture or sell asbestos-containing products know that their products can cause serious breathing problems. But, they continued to conceal this information for decades. It was only after asbestos workers began filing lawsuits that asbestos producers were forced to disclose the company's records and admit they were negligent. Asbestos-related companies and insurance companies attempt to defame studies that demonstrate links between asbestos exposure and lung cancer, mesothelioma and other illnesses. In some cases attempts to discredit evidence could cause the dismissal of mesothelioma claims. A seasoned asbestos lawyer however, can prove that the defendant's actions were negligent or breached its legal duty to clients. In addition to the standard negligence theory, mesothelioma patients may also bring a breach of implied warranty claim against companies that sell asbestos products. The breach of this duty is based on the fact that asbestos, like many other substances, is innately dangerous. The plaintiff also has an expectation that asbestos-containing products delivering according to the specifications and being safe for their intended use. It's easy to feel that your case is not progressing through the discovery process. Your attorney will be busy searching through the huge amount of documents that defendants have submitted in search of evidence to support your case. Trial A plaintiff who has contracted an asbestos-related disease could be able to seek damages from companies who exposed them toxic substance. The asbestos law covers such issues as strict liability and negligence as well as breach of implied warranties, and proximate causes. A court could award a plaintiff punitive damages in certain cases. Asbestos claims typically involve more than one defendant. Many sufferers who develop mesothelioma lung cancer or other asbestos-related diseases were exposed to asbestos in dozens of locations. Mines, manufacturing plants and Navy ships are just a few examples. Asbestos litigation also involves settlements in class actions and the 20-50 year latency timeframe for many serious diseases. The first step in an asbestos case is to determine each possible source of exposure. This may involve reviewing 40 or 50 years of work history as well as reviewing Social Security, union, tax and other documents. The lawyer then has to show that the defendant violated its obligation to the plaintiff by exposing him to asbestos and that this breach led to the injury. This breach could be the direct result of exposure, or it could be indirect and result due to a company's decision not to inform its workers about the dangers of asbestos. A lawsuit usually includes allegations of emotional distress. A jury may also award compensation to a plaintiff for their injury. These damages may include medical expenses and lost wages in the past or future as well as property damage, discomfort and pain. The amount of compensation is different from case to case however, victims need fair treatment and respect from the justice system. Numerous legislative solutions have been suggested to cut down the costs associated with asbestos litigation. The most important proposal would transfer the liability of asbestos exposure-related companies onto bankruptcy trusts or other funds. Both the victims and the companies have resisted this idea. A lawsuit is the most effective way to obtain justice for those who have been diagnosed as having an asbestos-related illness. An attorney with experience in asbestos claims can guide the families of victims through this challenging process.