Asbestos Litigation
external pageAsbestos litigation is often complex and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be expensive and time-consuming. Statutes of limitation differ by state.
Mesothelioma lawyers must prove the victim was exposed to asbestos and diagnosed with an asbestos-related illness like mesothelioma or lung cancer, or another. They also have to prove the damages caused by that exposure.
Asbestos Litigation History
The first asbestos-related lawsuits hit the US legal system in the early twentieth century. By the 1960s, researchers had discovered that exposure to asbestos could trigger asbestosis, mesothelioma and other serious diseases. Companies that mined asbestos as well as those who manufactured asbestos were not quick to react. In general, the law requires that producers of a hazardous product notify consumers.
In the beginning of litigation, families of victims and plaintiffs fought to receive the compensation they were entitled to. Plaintiffs often had to battle asbestos manufacturers and insurance companies to get compensation. Many of the large asbestos lawsuits companies were able avoid lawsuits by declaring bankruptcy.
Those that survived bankruptcy were required to create trusts that would pay out compensation to victims for pennies per dollar. This decreased the number of plaintiffs, and reduced the amount of compensation that victims were able to receive in the court.
Over the years lawyers have been able to show that asbestos producers were aware of the dangers posed by their products. They even tried to hide this information from the public. These cases have revealed that some companies were willing to place profits ahead of the safety of 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 for oil along the Texas-Louisiana border. He eventually developed mesothelioma and was awarded an amount of money by the Fifth Circuit U.S. Court of Appeals.
While every mesothelioma case is unique, there are a few factors that all claimants must prove to be successful in a mesothelioma suit. Typically, the plaintiff must prove that they were exposed asbestos, that they were diagnosed with an asbestos-related condition and that exposure was the reason for their illness. Additionally, they need to show 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 between states, but is usually between one and three year. Asbestos victims and their families need to consult a mesothelioma lawyer as quickly as possible to avoid missing the deadline.
Mesothelioma lawsuit history
Asbestos litigation is a legal proceeding that is brought by the victims and their families to seek compensation for medical expenses as well as lost wages and suffering and pain. Financial compensation can help patients suffering from asbestos lawyers disease get treatment that extends their lives and help support their families in the event that they are not able to work. It can also help victims and their loved ones avoid bankruptcy. It is important for anyone who is diagnosed with an asbestos-related illness to start a lawsuit as soon as is possible. There are many states with strict statutes of limitation or time limitations that limit the time a person has to file a lawsuit after being diagnosed with asbestos.
Before the late 1960s most asbestos-related victims were unaware that they could be ill after being exposed to asbestos. Yet, researchers recognized a correlation between asbestos exposure and lung damage and illnesses. The asbestos attorney industry, however, concealed this information to employees and the general public in order for them to profit from asbestos-related products.
In the early 1920s, a 33-year-old woman known as Nellie Kershaw filed the first famous lawsuit against an asbestos firm. Kershaw worked in a factory in Rochdale which spun asbestos fibers to yarn. She was in constant contact with asbestos and was diagnosed with respiratory problems. She tried to convince her employer to cover her treatment, but they would not. The death certificate of her was linked to her death to exposure to asbestos. She died from fibrosis in the lungs.
Following this, companies were accused of concealing asbestos-related risks and failing to warn workers of the dangers. Manufacturers and insurers tried to avoid responsibility by arguing only certain levels of asbestos exposure were harmful. However, research has shown there is no safe limit for asbestos exposure.
The courts have not been fooled by these arguments. Insurance companies have been forced to establish trust funds to compensate those who have suffered the loss of their lives by asbestos. Asbestos litigation is the longest-running mass tort in history.
Patients with mesothelioma and any other asbestos-related illnesses should file a suit against the companies who exposed them to the disease as soon as possible. An attorney for mesothelioma can assist victims in determining the amount of compensation they may receive if their lawsuit is successful.
Asbestos Litigation Today
Asbestos litigation has become a major problem in the present day. It has impacted entire industries that have been forced to make bankruptcy filings and establish trust funds to compensate victims.
Many workers have been diagnosed with asbestos lawyer-related diseases. Exposed to asbestos, thousands of people have died. As their health deteriorates and they struggle to pay for their bills, many more suffer from mounting medical costs and financial losses.
The number of lawsuits against asbestos defendants is continuing to rise. Some attorneys fear that trial docket pressures have forced judges to take actions that speed up trials and lead to less equitable outcomes, such as consolidation of cases and shorter lengths of time for discovery.
Some defendants are now asserting that plaintiffs are unfairly attacking them. They point out that some of the same companies have been involved with asbestos litigation for a long time, and that dozens of these defendants have become bankrupt. They claim that their assets were stripped and that the funds paid out for claims was not sufficient to compensate victims.
They are also worried about the rapid rise in lawsuits and are trying to find ways to deal with it. They argue that the cost of litigation is destroying their profitability 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 is increasing. This is why some companies are refusing to settle.
The corruption charges brought against Sheldon Silver, former New York Assembly Speaker, also shine a spotlight on the shady connections between politicians and asbestos attorneys. The scandal has sparked calls for changes to the manner in which the asbestos court in New York City handles cases.
A mesothelioma judgment or settlement can assist families and victims receive compensation for losses, including medical expenses, property losses as well as lost wages emotional distress, as well as the death of a loved one. A successful case can also award punitive damages in order to punish the defendant and deter others from engaging in similar wrongdoing.
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. The asbestos-related cancer affects the peritoneum, the lining that lines the chest cavity and lungs. For compensation, people who have suffered from mesothelioma and other asbestos-related illnesses should contact mesothelioma lawyers.
The first step to file mesothelioma lawsuits is to gather documents and information. This process, referred to as discovery, can take several months. During this period the legal team will conduct interviews with people who were exposed to asbestos. They can also speak to family members, abatement workers, or suppliers that worked with the injured person. This will help them develop an inventory of potential defendants. Once the information is gathered attorneys can begin the process of connecting employers, products, vendors and other elements to the individual's risk.
A lawsuit must prove that the plaintiff's mesothelioma was a result of the exposure to an asbestos-containing product or products. It is also necessary to prove that the defendant was aware of the dangers that came with the product but failed to warn consumers and workers. To prove this, lawyers will use the Restatement of Torts, which states that anyone who sells a product “in unsafe condition that is unreasonable dangerous to the consumer or user” is at risk of being held accountable for damages.
Asbestos cases are also controlled by state and federal laws, as well as cases. The law, for instance stipulates that plaintiffs must 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 to a jury in order to be able to reach the verdict.
According to a Rand report from 2005, asbestos claims have increased. The report suggests that this is due to a variety of reasons, including: the bankruptcy of companies that are facing asbestos litigation forcing other companies to assume more liability and resulting in more lawsuits; and lawyers trying to file as many cases as they can so that they can be included on the companies creditor lists for bankruptcy.