Asbestos Litigation
Asbestos litigation can be a bit complicated and time consuming. The lawsuits can involve multiple defendants and the discovery process can be costly and time-consuming; and statutes of limitation vary from state to state.
Mesothelioma lawyers must establish that the victim was exposed to asbestos and was diagnosed with an asbestos-related condition like mesothelioma or lung cancer or a different condition. They must also prove the damages caused by that exposure.
Asbestos Litigation History
The first asbestos lawsuits erupted in the US legal system in the early 20th century. By the 1960s, researchers had determined that exposure to asbestos could lead to asbestosis, mesothelioma and other serious diseases. However, companies that mined and manufactured asbestos were slow respond. In general, the law obliges those who develop an unsafe product to inform consumers.
In the early decades of litigation the families of victims struggled to receive the compensation they were entitled to. In order to receive compensation plaintiffs had to battle asbestos producers and insurance companies. A lot of asbestos companies were able to stay out of lawsuits by declaring bankruptcy.
Those that survived bankruptcy were required to create trusts that would pay out compensation to victims at pennies on the dollar. This decreased the number of claimants, and also reduced the damages that victims were able to receive in court.
Over the years lawyers have been able to prove that many asbestos manufacturers knew of the dangers associated with their products. Some manufacturers even tried to hide this information from the public. These cases have uncovered evidence of companies that were willing to sacrifice profits in favor of safety for the public.
In 1969, attorney Ward Stephenson filed the first asbestos product liability suit in the US on behalf of Claude Tomplait. Tomplait worked on ships as well as at oil refineries along the Texas-Louisiana border. asbestos defense litigation was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals awarded him an agreement.
While every mesothelioma case is unique, all claimants need to prove certain elements to be successful in a lawsuit. The plaintiff must generally 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 make a mesothelioma claim or any other asbestos claim within the statute of limitations in their state. The statute of limitations for mesothelioma differs from one state to another, but generally ranges between one and three years. To ensure that you do not miss the deadline, asbestos sufferers and their family members must seek the help of a mesothelioma lawyer as soon as they can.
Mesothelioma Litigation Histories
Asbestos lawsuits involve victims and their families seeking compensation for medical expenses, lost wages, and suffering and pain. Financial compensation can assist patients suffering from asbestos disease get treatment that extends their lives, and also support their families if they are disabled to work. It also assists the families of victims to avoid bankruptcy. Anyone diagnosed with an asbestos-related disease must file a lawsuit as soon as they can. This is because a lot of states have strict statutes of limitations, or time limits, that set how long the person must make an asbestos lawsuit following diagnosis.
Before the late 1960s most asbestos victims were unaware they could get sick after being exposed to asbestos. Researchers knew that asbestos exposure was associated with lung illnesses and lung damage. However asbestos industry kept this information from both workers and the general public in order to earn money from asbestos products.
Nellie Kershaw, a 33-year old woman from England, filed her first lawsuit against asbestos-related companies in the early 1920s. Kershaw worked in a plant that made asbestos fibers into yarn in Rochdale, England. She was in close contact with the asbestos and developed respiratory issues due to it. She tried to convince her employer to cover her treatment but they did not. She ultimately died from fibrosis of the lungs, which her death certificate attributed to exposure to asbestos.
After that, more accusations were filed against companies accused of concealing asbestos hazards and failing to warn workers of the dangers. Manufacturers and insurers tried to avoid responsibility by claiming that only certain levels of exposure are hazardous, but studies have shown that there is no safe amount of asbestos exposure for people.
These arguments have not fooled the courts. Insurers have been forced to set up trust funds to pay for people whose lives have been devastated by asbestos. Asbestos litigation is the longest-running mass tort of all time.
People with mesothelioma and other asbestos-related illnesses should file a suit against the companies that exposed them to the illness as soon as is possible. A mesothelioma attorney can help victims determine the amount of compensation they may be entitled to if their case is successful.
Asbestos Litigation Today
Asbestos litigation is a major problem today. It has impacted entire industries that have been forced to file for bankruptcy and set up trust funds to pay victims.
Many workers have also been diagnosed with asbestos-related diseases. Thousands of people have passed away due to exposure to asbestos, a dangerous substance. As their health declines and they struggle to pay their bills, many more suffer from mounting medical costs and financial losses.
The number of lawsuits filed against major asbestos defendants continues to rise. Some attorneys fear that the pressures on trial dockets have forced judges to take actions that speed up trials and lead to less equitable outcomes like consolidating cases and reducing the amount of time for discovery.
Some defendants have begun to assert that they are unfairly targeted by plaintiffs. They claim that some of the same companies have been involved with asbestos litigation for years, and that dozens of these defendants have gone bankrupt. They claim that their assets were sacked and that the money they were paid out for claims was not sufficient to compensate victims.
They are also worried about the rapid rise in lawsuits and are looking for ways to deal with it. They argue that the cost of litigation is affecting their profits and that the awards awarded by juries are far higher than they can pay in settlements.
As increasing numbers of people are diagnosed with this deadly disease the number of claims for mesothelioma continues to increase. Some companies are refusing to settle.
The corruption charges against Sheldon Silver, former New York Assembly Speaker as well as shine spotlight on the shady connections between politicians and asbestos attorneys. The scandal has led to calls for a change to the way that New York City's asbestos court handles cases.
A successful mesothelioma verdict or settlement can help victims and their families recover compensation for losses like medical bills, property losses as well as emotional distress, loss of wages and the death of loved ones. A successful case can also award punitive damages to punish the defendant and prevent others from engaging in similar wrongful conduct.
Real Estate Litigation
When asbestos fibers are breathed in, they enter the lungs and abdomen via the lymphatic system. They can eventually cause mesothelioma and other diseases. This asbestos-related cancer affects peritoneum which is the lining that surrounds the chest cavity and the lungs. For compensation, people who have suffered from mesothelioma and other asbestos-related illnesses should contact an attorney for mesothelioma.
The first step in filing mesothelioma lawsuits is gathering documents and information. This process, known as discovery, can last several months. During this time, the legal team will conduct interviews with those who were exposed to asbestos. They can also talk to family members, abatement workers or suppliers who were involved with the victim. This will allow them to build an inventory of potential defendants. Once they have this information, the attorneys can start the process of linking employers, products, vendors and other elements to the individual's risk.
A lawsuit must establish that the plaintiff's mesothelioma was caused by exposure to an asbestos-containing item or products. It must also be shown that the defendant was aware of the dangers associated with the product, but did not warn consumers or workers. The lawyers will use Restatement of Torts to prove this. It says that anyone selling products "in a condition that is unreasonably hazardous to the user or the consumer" is liable for damages.
Asbestos cases are also governed by federal and state laws as well as cases. For example the law stipulates that plaintiffs must show that they were exposed to asbestos in a specific way, such as being on a certain job site or using a certain product. In order to be awarded a verdict this type of evidence has been presented to the jury.
According to an 2005 Rand report, there has been an increase in asbestos lawsuits. The report suggests this is due to several factors which include: the bankruptcy of companies that are facing asbestos litigation forcing remaining firms to take on more responsibility which results in more cases lawyers attempting to file as many cases as they can in order to be added to companies creditor lists for bankruptcy.