Asbestos Litigation
Asbestos litigation can be complex 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 have to establish that the victim was exposed to asbestos and diagnosed with a disease related to asbestos, such as lung cancer, mesothelioma or another health condition. They also must establish the damages that resulted from this exposure.
Asbestos Litigation History
The first asbestos lawsuits erupted in the US legal system in the early twentieth century. Researchers had already established in the 1960s that exposure to asbestos could cause mesothelioma and asbestosis, in addition to other serious diseases. Companies that mined asbestos as well as those who manufactured asbestos were slow to respond. The law generally requires those who create an unsafe product to inform consumers.
In the early years of litigation, victims' families and the plaintiffs struggled to receive the compensation they deserved. In order to get compensation plaintiffs had to fight asbestos producers and insurance companies. Many of the major asbestos companies were able avoid lawsuits by declaring bankruptcy.
The bankruptcy survivors were forced to fund special trusts that paid compensation to victims for pennies per dollar. This reduced the number of plaintiffs, and reduced the amount of damages that victims could receive in court.
Over the years lawyers have been able prove that asbestos manufacturers were aware 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 public safety.
In 1969, attorney Ward Stephenson filed the first asbestos product liability suit in the US on behalf of Claude Tomplait. Tomplait was a captain of a ship and worked in oil refineries near the border between Texas and Louisiana. He eventually developed mesothelioma and was awarded an amount of money by the Fifth Circuit U.S. Court of Appeals.
While each mesothelioma lawsuit is unique each claimant must prove certain elements to win a lawsuit. Typically, the victim has to prove that they were exposed asbestos, and that they were diagnosed with an asbestos-related illness and that exposure to asbestos was responsible for their condition. They should also demonstrate the extent of their losses.
Asbestos victims must make a mesothelioma claim, or any other asbestos-related claim before the statute of limitations for their state expires. The statute of limitation for mesothelioma varies from state to state, but typically ranges between one and three years. Asbestos victims and their families need to consult a mesothelioma lawyer as early as they can to avoid missing the deadline.
Mesothelioma Litigation Histories
Asbestos litigation involves the victims and their families seeking compensation for medical expenses, lost wages, and suffering. Financial compensation can help those who suffer from asbestos diseases pay for life-extending treatment and provide support to their families when they are unable to work. It can also assist the families of victims to avoid bankruptcy. Anyone who is diagnosed with an asbestos related disease should file a suit immediately. Many states have strict statutes of limitation or time limits that limit how long someone has to file a lawsuit after being diagnosed with asbestos.
In the late 1960s, most asbestos victims did not realize that they were exposed to asbestos that was dangerous and could cause an illness. However, scientists already knew there was an association between exposure to asbestos and lung damage and diseases. The asbestos industry, however, hid this information to workers 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 worked at a factory in Rochdale that made asbestos fibers into yarn. Trenton asbestos lawsuit was in constant contact with asbestos and developed respiratory issues. She tried to convince her employer to cover her treatment, but they refused. She ultimately died from lung fibrosis that her death certificate linked to asbestos exposure.
After that companies were accused of concealing asbestos-related risks and failing warn workers of the dangers. Insurers and manufacturers attempted to avoid liability by claiming that only certain levels of asbestos exposure were hazardous. However research has revealed 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 compensate those whose lives have been devastated by asbestos. Asbestos litigation is the longest-running mass tort in history.
Patients suffering from mesothelioma or other asbestos-related illnesses should make a claim against the companies who exposed them to the disease as soon as possible. A mesothelioma lawyer can assist victims in determining the amount of compensation they might receive if their lawsuit is successful.
Asbestos Litigation Today
Asbestos litigation has become a major problem in the present day. It has impacted a variety of industries, and has led to them being forced into bankruptcy and create trust funds to compensate the victims.
Many workers have been diagnosed with asbestos-related diseases. Many people have passed away due to exposure to asbestos, a dangerous substance. As their health deteriorates and they struggle to pay their medical bills, many more suffer from mounting medical costs and financial losses.
The number of lawsuits filed against asbestos defendants of major importance continues to rise. Some lawyers are worried that the pressure of trial dockets is forcing judges adopt actions that can speed up trials and produce less equitable results. For instance, consolidating cases or shorter periods for discovery.
Some defendants have started to assert that they are unfairly targeted by plaintiffs. They point out that many of the same companies were involved in asbestos litigation for years and that many have been bankrupted. They claim that their assets were sacked and that the funds given to victims of claims did not adequately compensate victims.
The defendants are also worried that the number of lawsuits increasing rapidly and they are attempting to find ways to handle them. They claim that litigation costs have a negative impact on their earnings and that juries awards are more than what they are able to pay in settlements.
Mesothelioma claims continue to increase as more patients are diagnosed with the fatal disease. As a result, some companies are refusing to settle.
In addition the corruption charges against former New York Assembly Speaker Sheldon Silver are shining a light on the shady relationships between politicians and asbestos lawyers. The scandal has sparked calls for changes to the way New York City's asbestos court handles cases.
A successful mesothelioma judgment or settlement could help victims and their families receive compensation for losses, such as medical bills, property losses and emotional distress, lost wages and the loss of loved ones. A successful case can also award punitive damages in order to punish the defendant and deter others from engaging in similar crimes.
Real Estate Litigation
Asbestos fibers enter the lungs via the lymphatic system after being inhaled. They then trigger a range of illnesses, including mesothelioma. This asbestos-related cancer affects peritoneum, the lining that lines 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 to file a mesothelioma lawsuit is to gather details and documents. This process, referred to as discovery, can take several months. During this time, the legal team will conduct interviews with workers who were exposed to asbestos. They may also talk to family members, abatement workers or suppliers who worked with the injured person. This will allow them to create a database of possible defendants. Once the attorneys have gathered the necessary information they can begin the process of connecting the defendant's exposure to products, employers and even vendors.
A lawsuit must establish that the plaintiff's mesothelioma was caused by exposure to asbestos-containing products. It must also prove that the defendant knew about the dangers of the product and failed to warn its consumers and employees. To do this, the lawyers will use the Restatement of Torts, which states that anyone who sells any product "in unsafe condition that is unreasonable dangerous to the consumer or user" is liable for damages.
In addition to the Restatement, asbestos cases are subject to other laws, both state and federal as well as the law of the case. For instance the law stipulates that plaintiffs must prove that they were exposed to asbestos in a specific way, like working at a specific location or using a particular product. To be able to win a verdict, this type of evidence needs been presented to the jury.
According to a 2005 Rand report the year 2005, there has been an increase in asbestos lawsuits. The report suggests this is due to several factors such as the bankruptcy of companies that are facing asbestos litigation forcing other companies to take on more responsibility, resulting in more cases; and lawyers trying to file as many cases as they can in order to be included on the companies' bankruptcy creditor lists.