Pursuing Justice Beyond Closure: Legal Options When the Responsible Company Is No Longer Operational
Asbestos exposure cases often involve tracing liability back to companies that used or manufactured asbestos-containing products. However, what happens when the company responsible for your exposure has gone out of business? This scenario presents unique challenges, but it doesn't necessarily mean you're without legal options. This article explores the complexities of pursuing legal action when the liable company is no longer operational.
In the event that your employer's registration has been revoked, yet there exists proof that they possessed workers' compensation insurance during your tenure with them, your attorney can file a request with the court to pursue legal action against your former employer.
Equally significant, your lawyer must also evaluate whether additional parties share responsibility for your injury, like asbestos product manufacturers or site operators where you were employed.
1. Establishing Liability:
Proving liability is a critical aspect of asbestos-related lawsuits. Even if a company has ceased operations, it may still be held accountable for its past actions that led to asbestos exposure. To establish liability, you need to show a direct link between your exposure and the company's actions or products.
2. Successor Liability:
In some cases, even if the original company has gone out of business, its liabilities may be assumed by another company. This can happen through mergers, acquisitions, or other legal mechanisms. If a new entity now holds the responsibility for the old company's actions, you may still be able to pursue a lawsuit against them.
3. Bankruptcy and Asbestos Trusts:
Many companies that faced numerous asbestos-related lawsuits filed for bankruptcy as a way to manage their liabilities. As part of bankruptcy proceedings, some companies established asbestos trust funds to compensate victims of asbestos exposure. If the company responsible for your exposure has declared bankruptcy and established a trust, you might be eligible to file a claim for compensation from the trust.
4. Joint and Several Liability:
In cases involving multiple liable parties, the legal principle of joint and several liability might apply. This principle holds that each defendant can be held responsible for the entire amount of damages. Even if a company has gone out of business, other liable parties involved in your exposure could still be pursued for compensation.
5. Product Identification:
Sometimes, it's not just the company that can be held accountable, but also the manufacturers of specific asbestos-containing products. If you can identify the manufacturers of the products that caused your exposure, you might be able to file a lawsuit against them directly.
6. Expert Witnesses and Evidence:
Proving your case often requires expert witnesses and substantial evidence. Experienced asbestos lawyers work with medical professionals, engineers, and other experts to establish the link between your exposure and your health issues.
7. Time Limitations:
It's important to be aware of the statute of limitations – the time within which a lawsuit must be filed. This timeframe varies by jurisdiction and can be different for asbestos-related cases. Consulting an experienced asbestos lawyer is crucial to ensure you file within the appropriate timeframe.
8. Legal Complexity:
Cases involving companies that have gone out of business can be legally complex. Experienced asbestos lawyers are equipped to navigate these complexities and identify all potential sources of liability.
Conclusion:
While pursuing legal action when the company responsible for your asbestos exposure has gone out of business is challenging, it's not impossible. The legal landscape surrounding asbestos cases is intricate, and several avenues may still be available to seek compensation. Establishing liability through successor companies, asbestos trust funds, joint and several liability principles, and product identification are all potential paths. Consulting with an experienced asbestos lawyer is essential to assess your options, navigate the legal complexities, and determine the best course of action to secure the compensation you deserve.
