Asbestos Litigation
Asbestos litigation is usually complex and time-consuming. Lawsuits involve multiple defendants; discovery can be expensive and time-consuming; and statutes of limitations vary by state.
Mesothelioma lawyers must demonstrate that the victim was exposed to asbestos and was diagnosed with an asbestos-related disease like mesothelioma, lung cancer or another condition. They must also establish the damages resulting from the exposure.
Asbestos Litigation History
In the early 20th century, the first
asbestos lawsuits were filed in the US. By the 1960s, researchers had determined that exposure to asbestos could lead to mesothelioma, asbestosis and other serious diseases. However, companies that mined and manufactured asbestos were slow to respond. In general, the law requires those who produce an unsafe product to inform consumers.
In the early days of litigation, victims' families and the plaintiffs struggled to receive the compensation they were entitled to. To get compensation plaintiffs had to fight asbestos producers and insurance companies. Many large asbestos companies were able to avoid lawsuits when they declared bankruptcy.
Those who survived bankruptcy were required to fund special trusts which would pay out compensation to victims for pennies per dollar. This decreased the number of claimants, and lowered the damages that victims were able to receive in court.
Over the years, lawyers have been able prove that asbestos manufacturers were aware of the dangers posed by their products. Some manufacturers even tried to conceal this information from the public. These incidents have revealed that some firms were willing to put profits before security of the public.
In 1969 Attorney Ward Stephenson filed the first asbestos product liability suit in the US on behalf of Claude Tomplait. Tomplait was employed on ships and at refineries for oil along the Texas-Louisiana border. He was diagnosed with mesothelioma. the Fifth Circuit U.S. Court of Appeals granted him an agreement.
While each mesothelioma lawsuit is different, all claimants need to establish certain factors 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 illness. In addition, they must show the extent of their losses.
Asbestos victims must make a mesothelioma claim or any other asbestos-related claim within the statute of limitations for their state. The statute of limitations for mesothelioma is different from one state to another, however, it's usually between one and three years. Asbestos victims and their families should consult with a knowledgeable mesothelioma lawyer as quickly as possible to avoid missing the deadline.
Mesothelioma Litigation History
Asbestos lawsuits involve victims and their families suing for medical expenses, lost wages and suffering. Financial compensation may help people with asbestos diseases pay for life-extending treatments and provide support to their families when they are unable to work. It can also help sufferers and their loved ones avoid bankruptcy. It is crucial for anyone who is diagnosed with an asbestos-related disease to make a claim as quickly as possible. This is due to the fact that many states have narrow statutes of limitations, or time limits, that set how long an individual has to file an
asbestos lawsuit after diagnosis.
In the 1960s, most asbestos-related victims were unaware that they could get sick after being exposed to asbestos. Researchers were aware, however, that exposure to asbestos was linked to lung ailments and lung damage. The asbestos industry, however, hid this information from 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 firm. Kershaw worked at a factory in Rochdale which spun asbestos fibers to yarn. She was constantly in contact with asbestos and developed respiratory problems. She tried to persuade her employer to cover her medical expenses but they refused. Her death certificate linked her death to exposure to asbestos. She died from lung fibrosis.
Following this companies were accused of concealing asbestos risks and failing to inform workers about the dangers. Manufacturers and insurers tried to dodge responsibility by arguing that only certain levels of exposure were dangerous, but research has shown that there is no safe amount of asbestos exposure for people.
These arguments have not frightened the courts. Insurance companies have been required to create trust funds to compensate those who lost their lives due to asbestos. Asbestos litigation is the longest-running mass tort in the history of mankind.
People with mesothelioma and other asbestos-related diseases should make a claim against the companies that exposed them to the illness as soon as they can. A mesothelioma lawyer can assist victims in determining the amount of compensation they could receive if their lawsuit proves successful.
Asbestos Litigation Today
Asbestos litigation has become a major problem in the present day. 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 workers who have been diagnosed with an asbestos-related illness. Many people have suffered fatalities as a result of exposure to asbestos, a dangerous substance. As their health deteriorates and they struggle to pay their medical bills, many more are facing mounting medical bills and financial losses.
Lawsuits against the major asbestos defendants continue to rise. Some lawyers are concerned that the pressures on trial dockets are forcing judges to take actions that speed up trials and produce potentially less equitable results like consolidating cases and reducing the amount of time for discovery.
Some defendants are now asserting that plaintiffs are unfairly attacking them unfairly. They argue that a number of the same companies have been involved with asbestos litigation for years and that a number of these defendants have gone bankrupt. They argue that their assets have been slashed and that the money they receive in claims does not adequately compensate victims.
They are also concerned about the rapid growth in lawsuits and are trying to figure out ways to deal with it. They argue that the expense of litigation is degrading their profit and that the amounts awarded by juries are far higher than what they can afford in settlements.
As more and more people are diagnosed with this deadly illness the number of lawsuits for mesothelioma is increasing. Some companies refuse to settle.
The corruption charges brought against Sheldon Silver, former New York Assembly Speaker as well as shine light on the shady relationships between politicians and
asbestos attorneys. The scandal has prompted calls for a change in the way that New York City's asbestos court handles cases.
A mesothelioma verdict or settlement can help victims and families recover compensation for losses including medical expenses, property loss as well as lost wages emotional distress, and death of a loved one. A successful case can also award punitive damages to punish the defendant or discourage others from engaging in similar wrongdoing.
Real Estate Litigation
When asbestos fibers are inhaled, they are absorbed into the lungs and abdomen through the lymphatic system. They can eventually trigger a variety of illnesses that include mesothelioma. This asbestos-related cancer affects the peritoneum which is the lining that surrounds the chest cavity and the lungs. Anyone who has suffered from mesothelioma or any other asbestos-related disease should contact an experienced mesothelioma lawyer for compensation.
The gathering of information and documents is the first step in filing a mesothelioma lawsuit. This process, also known as discovery, can last several months. During this period the legal team will conduct interviews with employees who were exposed asbestos. They will also speak with family members, abatement workers or suppliers who worked with the person who was injured. This will help them build a database of possible defendants. After the attorneys have gathered this information, they can begin the process of linking the person's exposure to products, employers, and even vendors.
A lawsuit must prove that the plaintiff's mesothelioma was caused by exposure to
asbestos attorney-containing products. It must also be shown that the defendant was aware of the dangers that came with the product, but did not warn consumers or workers. The lawyers will make use of the Restatement of Torts to prove this. It says that anyone selling a product "in an environment that is dangerous to the user or consumer" can be held liable for damages.
In addition to the Restatement, asbestos cases are controlled by other laws, both state and federal, as well as case law. For instance, the law states that plaintiffs must prove that they were exposed to asbestos in a specific manner, for example, being on a specific job site or using a specific product. To win a verdict, this kind of evidence needs to be presented to a jury.
According to a 2005 Rand report that there has been an increase in
asbestos lawyers claims. The report suggests that this is due to a number of factors, such as bankruptcy of asbestos-related companies forcing the remaining firms to take on more responsibility which results in more cases and lawyers filing as many cases as they can in order to be added to creditor lists for bankruptcy.