Asbestos Litigation
Asbestos litigation can be a bit complicated and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be expensive and time-consuming. The statute of limitations differs in each state.
Mesothelioma lawyers must prove the victim was exposed to asbestos before being diagnosed with an asbestos-related disease such as mesothelioma, lung cancer or another condition. They also must establish the damages caused by that exposure.
Asbestos Litigation History
The first asbestos lawsuits hit the US legal system in the early twentieth century. By the 1960s, researchers had concluded that exposure to asbestos could lead to asbestosis, mesothelioma and other serious diseases. Companies that mined asbestos as well as those who manufactured it were slow to react. In general the law, the producers of a dangerous product inform consumers.
In the beginning of litigation, victims' families and the plaintiffs struggled to get the compensation they were entitled to. Plaintiffs often had to fight asbestos manufacturers and insurance companies in order to be compensated. Many asbestos companies were able to avoid lawsuits when they declared bankruptcy.
Those that survived bankruptcy were forced to set up trusts that would pay out compensation to victims at pennies on the dollar. This reduced the number of claimants as well as decreased the amount of damages victims could be awarded in court.
Over the years lawyers have been able to show that asbestos producers were aware of the dangers of their products. Some manufacturers even tried to hide this information from the public. These cases have revealed evidence of companies that were willing to sacrifice profits in favor of public safety.
Ward Stephenson, an attorney in the US who filed the first asbestos products lawsuit in 1969 on behalf of Claude Tomplait. Tomplait was a captain on a ship and worked at oil refineries near the border between Texas and Louisiana. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals awarded him an agreement.
While every mesothelioma case is unique, there are some aspects that all claimants need to prove to be successful in a mesothelioma suit. The victim must typically demonstrate that they were exposed, that they have been diagnosed with an asbestos related disease and that their condition was caused by the asbestos exposure. They also need to prove the magnitude of their losses.
Asbestos victims must file a mesothelioma claim or any other asbestos attorney-related claim before the statute of limitations for their state ends. The time limit for filing a claim for mesothelioma varies from one state to the next, however, it's usually between one and three years. To avoid missing the deadline, asbestos sufferers and their families must seek out a mesothelioma lawyer as soon as they can.
Mesothelioma Litigation The History
Asbestos lawsuits involve victims and their families who seek compensation for medical expenses, lost wages, and pain and suffering. Financial compensation can help patients suffering from asbestos disease pay for treatment that extends their lives and help support their families in the event that they are unable to work. It can also assist those affected and their families to avoid bankruptcy. It is important for anyone diagnosed with an asbestos-related illness to file a lawsuit as soon as possible. Many states have strict statutes of limitations or time limits that limit the time a person is required to file a suit after being diagnosed with asbestos.
In the 1960s, most asbestos victims were unaware they could get sick after exposure to asbestos. Researchers knew that asbestos exposure was linked to lung ailments and lung damage. But asbestos industry kept this information from the public and workers in order to make money from asbestos-related products.
In the early 1920s, a young woman named Nellie Kershaw filed her first well-known lawsuit against an asbestos firm. Kershaw worked in a plant that spun asbestos fibers into yarn in Rochdale, England. She was constantly in contact with asbestos and suffered respiratory problems due to it. She tried to convince her employer to pay for her treatment but they refused. She died of lung fibrosis that her death certificate attributed to exposure to asbestos.
After that, more accusations were filed against companies for hiding asbestos risks and not informing workers of the dangers. Manufacturers and insurers attempted to shield themselves from responsibility by claiming only certain levels of asbestos exposure were dangerous. However research has proven that there is no safe level for asbestos exposure.
The courts have not been fooled by these arguments. Insurers have had to establish trust funds to pay for people who have suffered the loss of their lives by asbestos attorney. Asbestos litigation is the longest-running mass tort in history.
People with mesothelioma and other asbestos-related diseases should file a suit against the companies who exposed them to the illness as soon as is possible. A skilled 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 present day. It has affected entire industries that were forced to declare bankruptcy and set up trust funds to compensate victims.
It also affects a large number of employees who have been diagnosed with an asbestos-related disease. As a result of exposure to asbestos, thousands of people have died. As their health declines and they struggle to pay for their bills, many more suffer from mounting medical costs and financial losses.
Lawsuits against the major asbestos defendants are continuing to grow. Some lawyers are worried that the pressure of trial dockets is forcing judges make decisions that speed up trials and may result in less equitable outcomes. For instance, consolidating cases or shorter periods for discovery.
Some defendants have started to assert that they are being unfairly targeted by plaintiffs. They claim that a lot of the same firms were involved in asbestos lawsuit litigation for decades and that dozens have been bankrupted. They claim that their assets were stripped and that the money they were awarded for claims was not enough to compensate victims.
They are concerned about the rapid growth in lawsuits and are trying to figure out ways to deal with it. They claim that litigation costs are reducing their earnings and that juries awards are higher than what they can afford as settlements.
As increasing numbers of people are diagnosed with this deadly illness the number of lawsuits for mesothelioma continues to increase. Some companies are refusing to settle.
The corruption charges against Sheldon Silver, former New York Assembly Speaker, also shine a spotlight on the shady connections between politicians and asbestos attorneys (pop over here). The scandal has prompted calls for changes to the manner in which the asbestos court in New York City handles cases.
A mesothelioma-related verdict or settlement could aid victims and their families receive compensation for losses such as medical bills, property loss and lost wages, emotional distress and the loss of loved ones. A successful case can also award punitive damages to punish the defendant, or discourage others from engaging in similar wrongdoing.
Real Estate Litigation
When asbestos fibers are inhaled they travel into the lungs and abdomen via the lymphatic system. They can eventually trigger a variety of illnesses that include mesothelioma. This asbestos-related cancer affects peritoneum the lining of the chest cavity and the lungs. For compensation, people who have suffered from mesothelioma and other asbestos-related diseases should consult a mesothelioma attorney.
Documents and information gathering is the first step towards filing a mesothelioma lawsuit. This process could be a long time. During this time the legal team will conduct interviews with workers who were exposed to asbestos. They will also talk to family members, abatement workers, or suppliers that worked with the person who was injured. This will help them develop a database of potential defendants. Once they have this information, the attorneys can start the process of linking employers, products, vendors and other elements to the person's exposure.
A lawsuit must establish that the plaintiff's mesothelioma was the result of exposure to asbestos-containing products. It must also prove that the defendant was aware of the dangers of the product and failed to warn its customers and employees. To prove this, lawyers will use the Restatement of Torts, which states that anyone who sells a product "in a dangerous condition unreasonably dangerous to the user or consumer" is liable for damages.
Asbestos cases are also subject to federal and state laws, as well as cases. For instance the law stipulates that plaintiffs must prove that they were exposed to asbestos in a specific way, like being on a certain job location or using a particular product. To win a verdict, this kind of evidence needs to be presented to the jury.
According to the 2005 Rand report, there has been an increase in asbestos claims. The report suggests that this is due to a variety of factors, including bankruptcy of companies facing asbestos lawsuits which force remaining companies to take on more responsibility, leading to more cases, and lawyers filing as many cases as they can in order to be added to the bankruptcy creditor lists.