Asbestos Litigation
Asbestos litigation can be a bit complicated and time consuming. Multiple defendants are involved in lawsuits. Discovery can be costly and time-consuming. Statutes of limitation differ by state.
Lawyers for mesothelioma need to prove that the victim was exposed to asbestos and was diagnosed with a disease related to asbestos, like mesothelioma, lung cancer or a different condition. They must also prove the damages that resulted from this exposure.
Asbestos Litigation History
The first asbestos lawsuits erupted in the US legal system in the early 20th century. By the 1960s, researchers had discovered that exposure to asbestos could cause mesothelioma, asbestosis and other serious diseases. However companies that mined or manufactured asbestos were slow respond. In general the law, the producers of a dangerous product warn consumers.
In the early years of litigation, families of victims and plaintiffs fought to get the compensation they were entitled to. Plaintiffs often had to fight insurance companies and asbestos manufacturers in order to be compensated. Many large asbestos companies were able to avoid lawsuits when they declared bankruptcy.
People who survived bankruptcy were forced to fund special trusts which would pay compensation to victims for pennies per dollar. This reduced the number of claimants and reduced the amount of damages that victims could be awarded in court.
Over the years, lawyers have been able to show that asbestos manufacturers were aware of the dangers associated with their products. Some manufacturers even tried to conceal this information from the public. These cases have revealed evidence of companies that were willing to sacrifice profits in favor of safety for the public.
Ward Stephenson, an attorney in the US was the first attorney to file an asbestos-related lawsuit in 1969 on behalf of Claude Tomplait. Tomplait worked on ships as well as at refineries in Texas along the Louisiana-Texas border. He was diagnosed with mesothelioma. the Fifth Circuit U.S. Court of Appeals awarded him an amount of money to settle.
Although every mesothelioma claim is different each claimant must establish certain elements in order to be successful in a lawsuit. Typically, the victim has to show they were exposed to asbestos, and that they were diagnosed with an asbestos-related illness and that the exposure was responsible for their condition. They also need to prove the magnitude of their losses.
where asbestos litigation taken must make a mesothelioma claim, or any other asbestos claim prior to the time that the statute of limitations for their state ends. The statute of limitations for mesothelioma is different from one state to the next, but it is generally somewhere between one and three years. Asbestos victims and their families must seek out a knowledgeable mesothelioma lawyer as quickly as they can to avoid missing the deadline.
Mesothelioma lawsuit history
Asbestos litigation is a legal process brought by victims and their families to seek compensation for medical costs, lost wages, and suffering. Financial compensation could help those with asbestos illnesses pay for life-extending treatments and help their families when they cannot work. It could also help the those affected and their families avoid bankruptcy. Anyone who is diagnosed with an asbestos-related illness must file a suit as soon as they are able to. A lot of states have strict statutes of limitation or time limits which limit the amount of time someone is required to file a suit after being diagnosed with asbestos.
Before the late 1960s most asbestos-related victims were unaware that they could become sick after being exposed to asbestos. Yet, researchers knew that there was an association between exposure to asbestos and lung diseases and damage. The asbestos industry, however, hid this information from employees and the general public in order to make money from asbestos-related products.
Nellie Kershaw, a 33 year old woman from England, filed her first lawsuit against asbestos-related companies in the early 1920s. Kershaw was employed in a plant in Rochdale which made asbestos fibers into yarn. She was in constant contact with asbestos and developed respiratory problems. She tried to convince her employer to cover her medical expenses but they refused. She ultimately died from fibrosis of the lungs, which her death certificate attributed to asbestos exposure.
Following this, companies were accused of hiding asbestos risks and failing to inform workers about the dangers. Insurers and manufacturers tried to dodge responsibility by arguing that only certain levels of exposure are harmful, but research has shown that there is no safe amount of exposure to asbestos for humans.
The courts have not been fooled by these arguments. Insurers have had to set up trust funds to pay for people who's lives have been destroyed by asbestos. Asbestos litigation is the longest-running mass tort in the history of mankind.
People with mesothelioma or other asbestos-related illnesses should bring a lawsuit against the companies that exposed them to the disease as soon as they can. A mesothelioma lawyer with experience can estimate the amount of compensation a victim can be entitled to if their lawsuit is successful.
Asbestos Litigation Today
Asbestos litigation has become a major issue in the modern world. It has impacted entire industries, and they have been forced into bankruptcy and create trust funds to compensate the victims.
It also affects many individual employees who have been diagnosed with an asbestos-related disease. Many people have suffered fatalities as a result of exposure to asbestos, a dangerous substance. Many more are facing medical bills and increasing financial losses as their health deteriorates and they struggle to pay their bills.
The number of asbestos lawsuits filed against the main asbestos defendants continue to increase. Some lawyers are concerned that pressures on the trial docket are forcing judges to take actions that speed up the trials and produce potentially less equitable outcomes, such as consolidated cases and shorter periods of time for discovery.
Some defendants are now asserting that plaintiffs are unfairly targeting them. They claim that a lot of the same firms were involved in asbestos litigation for decades, and that dozens have been bankrupted. They claim that their assets have been taken away and that the amount of money awarded in the claims is not enough to compensate victims.
They are also concerned about the rapid growth in lawsuits and are trying to figure out ways to control it. They claim that the expense of litigation is destroying their profitability and that the awards awarded by juries are far higher than what they can afford 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.
In addition, the corruption charges against the former New York Assembly Speaker Sheldon Silver are shining a light on the shady relationships between politicians and asbestos lawyers. The scandal has prompted calls for changes to the manner in which New York City's asbestos court handles cases.
A successful mesothelioma judgment or settlement could aid victims and their families get compensation for losses, such as medical bills, property damage and emotional distress, lost wages and the death of a loved one. A successful case could also be awarded punitive damages to penalize the defendant and discourage others from engaging in similar crimes.
Real Estate Litigation
Asbestos fibers enter the lungs through the lymphatic system after being inhaled. They may eventually cause mesothelioma and other diseases. This asbestos-related cancer affects the lung's lining as well as the chest cavity, or peritoneum. Patients who have been diagnosed with mesothelioma, or another asbestos-related illness, should consult a seasoned mesothelioma lawyer for compensation.
Documents and information gathering is the first step towards filing a mesothelioma lawsuit. The process can take several months. During this time, the legal team will interview those who were exposed to asbestos. They may also talk to family members, abatement personnel, or suppliers that worked with the injured person. This will allow them to build an inventory of potential defendants. After the attorneys have gathered this information, they can begin the process of connecting the defendant's exposure to employers, products, and even vendors.
A lawsuit must prove the mesothelioma of the plaintiff 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 warn consumers or workers. To do this, the lawyers will use the Restatement of Torts, which states that anyone who sells any product "in an unsafe condition, unreasonable dangerous to the consumer or user" is at risk of being held accountable for damages.
In addition to the Restatement asbestos cases are also governed by other laws, both state and federal and the law of the case. For example the law says that plaintiffs must show that they were exposed to asbestos in a specific way, such as being on a specific job site or using a certain product. To win a verdict, this kind of evidence needs been presented to the jury.
According to a 2005 Rand report the year 2005, there has been an increase in asbestos claims. The report suggests that this is due to a variety of reasons, including: the bankruptcy of companies battling asbestos litigation, forcing the remaining companies to assume more liability, resulting in more cases lawyers attempting to file as many cases as they can so that they can be included on companies list of bankruptcy creditors.
