Legal Redress for Mesothelioma and Other Asbestos Injuries

The latest statistics show that between 1980 and 2000, over 8,000 men and over 1,000 women died from Mesothelioma. If someone in your family has been affected by this grave disease, you may be legally entitled to financial compensation to help cover your losses.

Free Info About Mesothelioma Litigation

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Legal Redress for Mesothelioma and Other Asbestos Injuries

In the past century, thousands of people were exposed to harmful, airborne asbestos fibers in industrial settings and through the use of asbestos-containing products and construction materials. Sometimes the dangerous, often fatal, diseases from breathing or ingesting asbestos fibers are not manifest for even up to 50 years. Even now, people exposed decades ago are developing asbestos-induced illnesses like mesothelioma and asbestosis.

Courts continue to be choked with asbestos cases. Many large companies named as defendants in asbestos litigation have declared bankruptcy, and the resulting remedies and trust funds set up for claimants are sometimes inadequate. However, this does not mean victims have no legal recourse. If you have been exposed to asbestos to your physical, mental or economic detriment, consult an experienced attorney at Rose Klein & Marias LLP in Los Angeles, CA, to discuss your legal remedies.

RAND Asbestos Litigation Study

The combination of the overwhelming numbers of those exposed and the horrific nature of the resulting injuries created an explosion in asbestos-related legal activity. According to a 2005 RAND Institute for Civil Justice study, over 730,000 people in the US filed claims for asbestos-induced injuries from the 1970s through 2002. The defending businesses and insurers spent more than $70 billion in response, with only 42 cents per dollar going to the injured claimants and the rest going to defense costs and attorneys fees.

RAND calculated about 8,400 entities have been defendants in asbestos litigation. By mid-2004, at least 73 companies commonly named as asbestos defendants had declared bankruptcy.

Potential Asbestos Lawsuits

Asbestos lawsuits cover a variety of situations and are brought under different legal theories in both state and federal courts. The outcomes vary widely and different laws govern in each jurisdiction.

Many different types of defendants have been targeted including mining companies; manufacturers, distributors, wholesalers, retailers and marketers; employers; and property owners, landlords and managers.

Product Liability

Lawsuits for asbestos injury are often brought as product liability cases. A product liability case theorizes that a defective or unreasonably dangerous product injured someone, potentially making anyone in the "chain of distribution" liable for that injury. Parties in the chain of distribution can include the manufacturer, material supplier, marketer, seller and distributor. There are several potential types of product liability, including strict liability, breach of warranty, negligence, defective design, civil conspiracy, failure to warn of danger and others.

Premises Liability

In some states, premises liability lawsuits are a potential source of recovery for asbestos injuries. Plaintiffs sue operators or owners of industrial facilities that used asbestos in production, or where asbestos exposure occurred from construction materials. Landlords, property managers and property owners may face liability for exposure in residential and commercial buildings where asbestos-containing construction materials were used, resulting in injury to the occupants.

Workers' Compensation

Workers injured by asbestos in the workplace are usually eligible for workers' compensation benefits. The treatment of occupational diseases in the workers' compensation system varies by state - sometimes more restrictively than other types of diseases and sometimes more generously. Depending on the jurisdiction and the facts, workers may have additional legal remedies outside the workers' compensation system.

Economic Property Loss

Asbestos-containing materials were used to construct millions of buildings. Some lawsuits contemplate the economic loss to property from the asbestos contamination. The plaintiff seeks to recover the difference between the value of the property without asbestos contamination and the amount the property is currently worth with asbestos.

Conclusion

Asbestos litigation can be extremely complex. If you believe you have been or may be harmed by asbestos exposure, you should protect your interests by seeking the advice of a skilled lawyer at Rose Klein & Marias LLP in Los Angeles, CA.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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