Asbestos Litigation
Asbestos litigation can be complicated and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be expensive and time-consuming. The statute of limitations differs according to the state.
Lawyers for mesothelioma need to establish that the victim was exposed to asbestos and later diagnosed with a disease related to asbestos, for example mesothelioma, lung cancer or a different disease. They must also establish the damages resulting from the exposure.
Asbestos Litigation History
The first asbestos lawsuits erupted in the US legal system in the early twentieth century. In the 1960s, researchers had discovered that exposure to asbestos could lead to asbestosis, mesothelioma and other serious illnesses. However, companies that mined and produced asbestos were slow to respond. In general, the law requires those who create a dangerous product to warn consumers.
In the early decades of litigation victims and their families had to fight for the compensation they deserved. when asbestos litigation finishes had to fight insurance companies and asbestos manufacturers in order to be compensated. Many of the major asbestos companies were able avoid lawsuits by declaring bankruptcy.
The bankruptcy survivors were forced to fund special trusts which would pay compensation to victims for pennies on the dollar. This reduced the number of claimants, and lowered the amount of damages that victims could 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. Some manufacturers even tried to hide this information from the public. These incidents have revealed that some firms were willing to put profits over the safety of the public.
In 1969, attorney Ward Stephenson filed the first asbestos products liability suit in the US on behalf of Claude Tomplait. Tomplait was a ship captain and worked at oil refineries near the Texas-Louisiana boundary. He developed mesothelioma, and the Fifth Circuit U.S. Court of Appeals awarded him a settlement.
Although every mesothelioma lawsuit is unique, there are a few elements that all claimants must establish to win mesothelioma lawsuits. The plaintiff has to demonstrate that they were exposed, that they have been diagnosed with an asbestos related disease and that their illness was caused by the asbestos exposure. They should also demonstrate the extent of their losses.
Asbestos victims must submit a mesothelioma or another asbestos claim within the timeframe of the statute of limitations for their state. The statute of limitation for mesothelioma may differ between states, but usually ranges between one and three years. To avoid missing the deadline, asbestos victims and their families must seek out a mesothelioma lawyer as soon as they can.
Mesothelioma Litigation Histories
Asbestos lawsuits involve victims and their families seeking compensation for medical expenses, lost wages and suffering. Financial compensation may help people suffering from asbestos-related illnesses pay for life-extending treatments and support their families when they are unable to work. It also assists victims and their families to avoid bankruptcy. It is important for anyone diagnosed with an asbestos-related disease to file a lawsuit as soon as possible. Many states have strict statutes of limitation or time limits which limit the amount of time someone must file a lawsuit after being diagnosed with asbestos.
In the 1960s, many asbestos victims didn't realize that they had been exposed to dangerous asbestos and could develop an illness. Yet, researchers recognized a correlation between asbestos exposure and lung diseases and damage. But, the asbestos industry hid this information from workers and the public to make a profit from asbestos products.
In the early 1920s, a 33-year old woman named Nellie Kershaw filed the first well-known lawsuit against an asbestos company. Kershaw worked in a plant that spun asbestos fibers into yarn in Rochdale, England. She was constantly in contact with the asbestos and suffered respiratory problems from it. She tried to persuade her employer to pay for her treatments but they did 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 risks and failing to warn workers of the dangers. Manufacturers and insurers attempted to evade responsibility by arguing that only certain levels of exposure are dangerous, but research has revealed that there is no safe level of exposure to asbestos for humans.
The courts have not been fooled by these arguments. Insurance companies have been compelled to establish trust funds in order to compensate those whose lives were destroyed by asbestos. Asbestos litigation is the longest-running mass tort of all time.
People with mesothelioma or other asbestos-related diseases should bring a lawsuit against the companies that exposed them to the disease as soon as possible. A mesothelioma lawyer with experience can estimate the amount of compensation a victim could receive if their case is successful.
Asbestos Litigation Today
Asbestos litigation is a major problem today. It has impacted entire industries, and has led to them being forced into bankruptcy and to create trust funds to compensate their victims.
Many workers have been diagnosed with asbestos-related illnesses. In the wake of asbestos exposure, thousands of people have passed away. As their health declines and they struggle to pay for their medical bills, many more face mounting medical bills and financial losses.
The number of lawsuits against asbestos defendants of major importance continues to increase. Some attorneys are worried that the pressure of trial dockets is forcing judges make decisions that speed up trials and may result in less equitable outcomes. For instance, consolidated cases or shorter timeframes for discovery.
Some defendants have begun to argue that they're being unfairly targeted by plaintiffs. They point out that many of the same companies were involved in asbestos litigation over decades, and that dozens have been bankrupted. They claim that their assets have been slashed and that the amount of money awarded in the claims is not enough to compensate victims.
They are also worried about the rapid rise in lawsuits and are looking for ways to manage it. They claim that the expense of litigation is degrading their profit and that the amounts awarded by juries are much higher than the amount they can pay in settlements.
Mesothelioma claims continue to rise as more patients are diagnosed with the fatal disease. As a result, certain companies are refusing to settle.
The corruption charges against Sheldon Silver, former New York Assembly Speaker and former New York Assembly Speaker, also shed spotlight on the shady connections between asbestos attorneys and politicians. The scandal has led to calls for changes in the way New York City's asbestos court handles cases.
A successful mesothelioma judgment or settlement could aid victims and their families receive compensation for losses like medical bills, property losses, emotional distress, lost wages and the death of loved ones. A successful case may 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 travel into the lungs and abdomen through the lymphatic system. They can cause mesothelioma and other diseases. This asbestos-related cancer affects the lung's lining and chest cavity, or the peritoneum. Anyone who has suffered from mesothelioma or any other asbestos-related disease should seek out a mesothelioma attorney to obtain compensation.
The gathering of information and documents is the first step in filing a mesothelioma lawsuit. This process can take several months. During this period the legal team will conduct interviews with workers who have been exposed to asbestos. They will also speak with family members, abatement workers or suppliers who were involved with the victim. This will help them develop an inventory of potential defendants. Once they have this information attorneys can begin the process of connecting employers, products, vendors and other factors to the person's exposure.
A lawsuit must prove the mesothelioma of the plaintiff was the result of 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 prove this, lawyers will rely on the Restatement of Torts, which states that anyone who sells a product "in a dangerous condition unreasonably dangerous to the consumer or user" is responsible for damages.
Asbestos cases are also subject to federal and state laws, as well as the law of case. For example, the law states that plaintiffs must show that they were exposed to asbestos in a particular way, such as being on a specific job site or using a certain product. To win a verdict, this type of evidence has been presented to the jury.
According to the 2005 Rand report the year 2005, there is an increase in asbestos-related claims. The report suggests that this is due to a variety of reasons such as the bankruptcy of companies facing asbestos litigation, forcing the remaining companies to assume more liability which results in more cases; and lawyers trying to file as many claims as they can so that they can be included on companies list of bankruptcy creditors.