Asbestos Litigation
Asbestos litigation can be complex and time-consuming. There are multiple defendants involved in lawsuits and the discovery process can be costly and time consuming; and the statute of limitations differs by state.
Lawyers for mesothelioma must establish that the victim was exposed asbestos and diagnosed with a condition that is related to asbestos, for example mesothelioma, lung cancer or a different condition. They must also establish the damages resulting from the exposure.
Asbestos Litigation History
The first asbestos-related lawsuits hit the US legal system in the early 20th century. Researchers had already determined in the 1960s that exposure to asbestos could trigger mesothelioma or asbestosis, among other serious diseases. Companies that mined asbestos as well as those who manufactured asbestos were slow to respond. In general the law, the producers of a dangerous product inform consumers.
In the beginning of litigation, victims' families and plaintiffs fought to receive the compensation they were entitled to. Plaintiffs often had to battle asbestos manufacturers and insurance companies in order to receive compensation. Many large asbestos companies were able escape lawsuits after declaring bankruptcy.
The bankruptcy survivors were forced into funding special trusts that paid compensation to victims for pennies per dollar. This reduced the number claimants, and also reduced the amount of damages that victims were able to receive in the court.
Over the years lawyers have been able prove that asbestos producers were aware of the dangers associated with their products. Some manufacturers even tried to conceal this information from the public. These instances have revealed that certain firms were willing to put profits before security of the public.
Ward Stephenson, an attorney in the US, filed the first asbestos product lawsuit in the year 1969 on behalf of Claude Tomplait. Tomplait was a ship captain and worked in oil refineries near the border between Texas and Louisiana. He eventually developed mesothelioma and was awarded a settlement by the Fifth Circuit U.S. Court of Appeals.
While each mesothelioma claim is unique, there are some elements that all claimants must establish to win a mesothelioma suit. Typically, the victim has to show they were exposed to asbestos, that they were diagnosed with an asbestos-related illness and that the exposure was responsible for their condition. They also need to prove the extent of their losses.
Asbestos victims must make a mesothelioma claim or any other asbestos claim within the timeframe of the statute of limitations for their state. The time limit for filing a claim for mesothelioma is different from one state to another, but generally ranges between one and three years. Asbestos victims and their families should consult a mesothelioma lawyer as soon as possible to avoid missing the deadline.
Mesothelioma Litigation Histories
Asbestos litigation involves the victims and their families who seek compensation for medical expenses, lost wages, and suffering. Financial compensation can assist patients suffering from asbestos disease get treatment that extends their lives and support their families in the event that they are unable to work. It also helps sufferers and their loved ones avoid bankruptcy. Anyone diagnosed with an asbestos-related disease must file a suit as soon as they are able to. This is due to the fact that many states have a strict statute of limitations or time limits which determine how long the person must file a lawsuit against asbestos after diagnosis.
In the late 1960s, the majority of asbestos victims were unaware that they had been exposed dangerous asbestos and could develop an illness. Researchers did know that exposure to asbestos was associated with lung illnesses and lung damage. But, the asbestos industry hid this information from both workers and the general public in order to make money from asbestos products.
In the early 1920s, a 33-year old woman known as Nellie Kershaw filed the first famous lawsuit against an asbestos company. Kershaw was employed in a factory which spun asbestos fibers into yarn in Rochdale, England. She was in constant contact with asbestos and developed respiratory issues. She tried to persuade her employer to pay for her treatments but they refused. The death certificate of her was linked to her death to asbestos exposure. She died from fibrosis in the lungs.
After this, companies were accused of hiding asbestos risks and failing to warn workers of the dangers. Manufacturers and insurers attempted to dodge responsibility by arguing that only certain levels of exposure are harmful, but research has demonstrated that there is no safe amount of asbestos exposure for individuals.
These arguments have not fooled the courts. Insurance companies have been required to create trust funds in order to compensate those who suffered the loss of their lives by asbestos. Asbestos litigation is the longest-running mass tort in history.
People with mesothelioma and other asbestos-related diseases must bring a lawsuit against the companies that exposed them to the disease as soon as possible. A mesothelioma lawyer with experience can determine how much compensation a victim can be entitled to if their lawsuit is successful.
Asbestos Litigation Today
Asbestos litigation is a major problem today. It has affected entire industries, which have been forced into bankruptcy and establish trust funds to pay the victims.
It also affects many individual workers who have been diagnosed with an asbestos-related illness. In the wake of asbestos exposure thousands of people have died. Many others are facing medical bills and increasing financial losses as their health declines and they struggle to pay their bills.
Lawsuits against asbestos defendants are continuing to rise. Some attorneys are concerned that the pressure of trial dockets is forcing judges to take actions which speed up trials and may result in less equitable outcomes. For instance, consolidated cases or shorter times for discovery.
Some defendants have begun to assert that they are unfairly targeted by plaintiffs. They point out that some of the same companies have been involved in asbestos litigation for a long time, and that dozens of these defendants have become bankrupt. They claim that their assets have been stripped and that the amount of money awarded in the claims is not enough to compensate victims.
They are concerned about the rapid growth in lawsuits and are trying to find ways to deal with it. They claim that the expense of litigation is destroying their profitability and that the awards awarded by juries are far higher than the amount they can pay in settlements.
As increasing numbers of people are diagnosed with this deadly disease the number of lawsuits for mesothelioma is increasing. This is why certain companies are refusing to settle.
Additionally, the corruption charges against former New York Assembly Speaker Sheldon Silver are shining a spotlight on the shady connections between asbestos lawyers and politicians. The scandal has led to calls for changes to the manner in which New York City's asbestos court handles cases.
A successful mesothelioma verdict or settlement may aid victims and their families recover compensation for losses, such as medical bills, property loss and lost wages, emotional distress and the death of a loved one. A successful case can also award punitive damages to punish the defendant or deter others from committing similar wrongdoing.
Real Estate Litigation
When asbestos fibers are breathed in, they are absorbed into the lungs and abdomen through the lymphatic system. They can eventually cause mesothelioma as well as other diseases. This asbestos-related cancer affects lung's lining and chest cavity, or peritoneum. Anyone who has suffered from mesothelioma or another asbestos-related illness should contact an experienced mesothelioma lawyer to seek compensation.
The first step in filing mesothelioma lawsuits is to gather documents and information. This process, also known as discovery, can last several months. During this period, the legal team will interview those who were exposed to asbestos. They can also speak to family members, abatement employees, or suppliers that were involved with the victim. asbestos litigation paralegal will help them build a database of possible defendants. After the attorneys have gathered this information they can begin linking the person's exposure to companies, products, and vendors.
A lawsuit must establish that the plaintiff's mesothelioma was caused by exposure to asbestos-containing products or products. It must also show that the defendant was aware of the dangers of the product but failed to warn its customers and employees. To do this, the lawyers will use the Restatement of Torts, which states that anyone who sells a product "in an unsafe condition, unreasonable dangerous to the user or consumer" is at risk of being held accountable for damages.
In addition to the Restatement asbestos cases, asbestos cases are subject to other federal and state laws, as well as cases. The law, for instance states that plaintiffs need to demonstrate that they were exposed in certain ways, for example, working on a site or using certain products. This kind of evidence must be presented before a jury to get the verdict.
According to a 2005 Rand report the year 2005, there has been an increase in asbestos-related claims. The report suggests that this is due to a variety of factors, such as bankruptcy of companies facing asbestos lawsuits forcing remaining firms to accept more liability which results in more cases, and lawyers filing as many cases as they can to be added to bankruptcy creditor lists.