Asbestos Litigation Asbestos litigation can be complex and time consuming. The lawsuits can involve multiple defendants and discovery can be costly and time-consuming; and the statute of limitations differs by state. Mesothelioma lawyers must prove the victim was exposed to asbestos and was diagnosed with an asbestos-related disease such as mesothelioma, lung cancer or a different condition. They must also prove the damages that resulted from this exposure. Asbestos Litigation History In the early 20th century, the earliest asbestos lawsuits were filed in the US. By ny asbestos litigation , researchers had discovered that exposure to asbestos could trigger mesothelioma, asbestosis and other serious illnesses. However, companies that mined and produced asbestos were slow to respond. In general, the law requires those who produce a dangerous product to warn consumers. In the beginning of litigation the families of victims struggled to receive the compensation they deserved. Plaintiffs often had to battle asbestos manufacturers and insurance companies to get compensation. A lot of asbestos companies were able to escape lawsuits after declaring bankruptcy. The bankruptcy survivors were forced to set up trusts that would pay out compensation to victims at pennies on the dollar. This limited the number of claimants as well as lowered damages that victims could receive in court. Over the years, attorneys have been able to prove that many asbestos producers knew about the dangers that their products posed. Some even tried to conceal this information from the public. These cases have exposed evidence of companies that were willing to put profits ahead of public safety. Ward Stephenson, an attorney in the US, filed the first asbestos products lawsuit in 1969 on behalf of Claude Tomplait. Tomplait was a ship captain and worked in oil refineries close to the border between Louisiana and Texas. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals awarded him an agreement. While every mesothelioma case is distinct, there are certain factors that all claimants must prove to be successful in a mesothelioma lawsuit. Typically, the plaintiff must prove that they were exposed to asbestos, and that they were diagnosed with an asbestos-related illness and that the exposure was responsible for their illness. They also need to prove the extent of their losses. Asbestos victims must file a mesothelioma or other asbestos claim within the timeframe of the statute of limitations in their state. The time limit for filing a claim for mesothelioma varies from one state to the next but it is generally somewhere between one and three years. Asbestos victims and their families should consult with a knowledgeable mesothelioma lawyer as early as they can in order to not miss the deadline. Mesothelioma lawsuit history Asbestos lawsuits involve victims and their families who seek compensation for medical expenses, lost wages, and suffering and pain. Financial compensation can help those suffering from asbestos-related illnesses pay for life-extending treatments and support their families when they are unable work. It also helps those affected and their families avoid bankruptcy. It is important for anyone who is diagnosed with an asbestos-related condition to start a lawsuit as soon as is possible. This is because a lot of states have a strict statute of limitations, or time limits, that determine the time a person has to make an asbestos lawsuit following diagnosis. In the 1960s, most asbestos victims did not realize that they had been exposed asbestos, which was extremely dangerous, and could lead to an illness. Even so, researchers already knew there was an association between exposure to asbestos and lung damage and diseases. The asbestos industry, however, hid this information to employees and the general public to make it easier to make money from asbestos-related products. Nellie Kershaw, a 33 year old woman from England, filed the first lawsuit against asbestos companies in the early 1920s. Kershaw worked in a factory that spun asbestos fibers into yarn in Rochdale, England. She was in constant contact with asbestos and developed respiratory problems. She tried to convince her employer to pay for her treatment, but they would not. Her death certificate linked her death to asbestos exposure. She died from fibrosis in the lungs. After that, more accusations were made against companies for concealing asbestos-related risks and not informing workers of the dangers. Manufacturers and insurers tried to avoid responsibility by arguing only certain levels of asbestos exposure were dangerous. However, research has shown there is no safe level for asbestos exposure. The courts have not been fooled by these arguments. Insurance companies have been required to create trust funds to compensate those who lost their lives due to asbestos. Asbestos litigation is the longest-running mass tort in the history of mankind. Patients with mesothelioma and any other asbestos-related diseases should file a suit against the companies that exposed them to the illness as soon as is possible. A knowledgeable mesothelioma lawyer will determine the amount of compensation a victim could be entitled to if their lawsuit is successful. Asbestos Litigation Today Asbestos litigation has become a major problem in the modern world. It has impacted entire industries that have been forced to make bankruptcy filings and set up trust funds to pay victims. Many workers have been diagnosed with asbestos-related illnesses. In the wake of asbestos exposure many people have died. Many others are facing medical bills and mounting financial losses as their health declines and they have to pay for their medical expenses. The number of lawsuits filed against asbestos defendants of major importance continues to increase. Some lawyers worry that the pressures on trial dockets are forcing judges to take actions that speed up the trials and result in less equitable results including consolidated cases and shorter periods of time for discovery. Some defendants have begun to argue that they are being unfairly targeted by plaintiffs. They claim that a lot of the same firms were involved in asbestos litigation for decades, and that dozens have declared bankruptcy. They claim that their assets were stripped and that the money they were awarded for claims was not enough to compensate victims. The defendants are also concerned because the number of lawsuits increasing rapidly and they are trying to figure out how to deal with them. They argue that the expense of litigation is degrading their profit and that the amounts awarded by juries are significantly more than they can pay in settlements. As increasing numbers of people are diagnosed with this deadly disease the number of claims for mesothelioma continue to rise. Some companies are refusing to settle. Additionally the corruption charges against former New York Assembly Speaker Sheldon Silver are shining a light on the shady connections that exist between politicians and asbestos lawyers. The scandal has led to calls for changes to the way the asbestos court in New York City handles cases. A successful mesothelioma verdict or settlement may aid the families of victims recover compensation for losses like medical bills, property losses, emotional distress, lost wages and the loss of a loved one. A successful case can also award punitive damages to the defendant in order to deter others from committing similar wrongdoing. Real Estate Litigation Asbestos fibers enter the lungs via the lymphatic system when they are inhaled. They then trigger a range of ailments such as mesothelioma. This asbestos-related cancer affects peritoneum, the lining that lines the chest cavity and the lungs. Patients who have been diagnosed with mesothelioma or any other asbestos-related disease should consult a seasoned mesothelioma lawyer to seek compensation. Documents and information gathering is the first step to filing a mesothelioma lawsuit. The process can take up to several months. During this period, the legal team will conduct interviews with people who were exposed to asbestos. They will also speak with family members, abatement employees, or other suppliers who worked with the person who was injured. This will enable them to create a database of potential defendants. Once the attorneys have gathered the information they can begin linking the person's exposure to products, employers and even vendors. A lawsuit must establish that the mesothelioma that the plaintiff suffered from was caused by exposure to asbestos-containing products. It is also necessary to prove that the defendant was aware of the dangers associated with the product, but did not adequately warn consumers and workers. The lawyers will employ the Restatement of Torts to prove this. It states that anyone who sells products in a condition that is dangerous to the user or consumer could be held accountable for damages. Asbestos cases are also subject to federal and state laws as well as cases. The law, for example states that plaintiffs need to demonstrate that they were exposed to asbestos in specific ways, such as working on a site or using certain products. This kind of evidence must be presented before a jury to be able to reach the verdict. According to an 2005 Rand report that there is an increase in asbestos claims. The report suggests that this is due to a variety of factors, including: the bankruptcy of companies that are facing asbestos litigation forcing remaining firms to take on more responsibility and resulting in more lawsuits lawyers trying to file as many cases as they can so that they can be included on the companies list of bankruptcy creditors.
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