The history of asbestos litigations shows a number of significant lawsuits whose rulings have established standards for all related litigations in the future. There have been numerous court cases stemming from asbestos-related incidents during the last 40 years. In fact, several billion dollars have already been paid out for out-of-court settlements and a lot of business organizations have become bankrupt.
Asbestos lawsuits have proliferated because of the big number of firms that carried asbestos products. Lawyers are hired to represent victims in asbestos compensation claims. The number of people continues to increase because of many workers with late symptoms. Everyone, who experiences exposure to this toxic material, is advised to get the services of competent asbestos attorneys.
Most cases are filed against mining and manufacturing firms; insulation contractors; construction companies that use asbestos products; distributors; and, owners of factories where the exposures took place. State governments usually enforce limitations on the time that you have to file a lawsuit after you are found out to be afflicted with mesothelioma. The experienced attorney can assist you in filing a claim prior to the expiration of the statute of limitations. Your lawyer files the actual case and takes care of all the legal aspects. These usually include the discovery of the disease, affidavits, discussion of possible settlement, courtroom proceedings, verdict, and appeal. However, majority of asbestos cases have never reached the trial stage since these were simply settled out of court.
Asbestos lawyers will assist you in considering lawful alternatives and obtain information surrounding your exposure. This is done to find out the responsible entity or individual and the specific court where you can file the case. It is even possible to file the lawsuit in more than one court. These legal experts work on a basis of contingency payment which means that your lawyer will get a certain percentage if you win your case.
The entire legal proceeding can be fast-tracked especially if the victim is hospitalized or bed-ridden. Asbestos litigations can take several months if there is no sense of urgency. In case the victim has passed away, the spouse is given form one to three years from the date of the victim’s death to file the unjust death claim. This can lead to the family’s recovery of damages. However, victims of asbestos disease are not allowed to file or be part of any class action lawsuit since each individual’s medical history and diagnosis is different. Cases must be filed individually.
The compensation that is paid to you for getting affected by asbestos poisoning is quite difficult to estimate. Some of the defendants (companies) may have already closed down due to insolvency. Besides, there are factors such as the compensation fund of asbestos victims, extent of the illness and the effects on the life of victims.
Another factor is the estimated time for recovering the damages. The amount of damages which are recovered from asbestos litigations may not be as big if your attorney opts to present your case to a trial jury. The trial can take too long while settlements can be made faster. Past settlements ranged from $1 to $5 million but this does not include deductions for lawyer’s fees, court expenses and medical expenditures.