Asbestos Litigation
Asbestos litigation can be complicated and time consuming. Multiple defendants are involved in lawsuits. Discovery is costly and time-consuming. Statutes of limitation differ in each state.
Mesothelioma lawyers must establish that the victim was exposed to asbestos and diagnosed with an asbestos-related illness like mesothelioma, lung cancer or another condition. They must also establish the damages that resulted from this exposure.
Asbestos Litigation History
The first asbestos-related lawsuits hit the US legal system in the early twentieth century. In the 1960s, researchers had determined that exposure to asbestos could cause mesothelioma, asbestosis and other serious diseases. However, companies that mined and manufactured asbestos were slow to respond. In general, the law requires that those who produce a dangerous product notify consumers.
In the beginning of litigation, victims and their families struggled to receive the compensation they were entitled to. Plaintiffs often had to fight asbestos manufacturers and insurance companies in order to receive compensation. Many asbestos companies were able to escape lawsuits after declaring bankruptcy.
The bankruptcy survivors were forced to fund special trusts that paid compensation to victims for pennies per dollar. This limited the number of claimants as well as lowered damages that victims could claim in court.
Over the years, lawyers have been able prove that asbestos producers were aware about the dangers that their products posed. Some manufacturers even attempted to hide this information from the public. These cases have uncovered evidence of companies that were willing to sacrifice profits in favor of safety for the public.
In 1969, attorney Ward Stephenson filed the first asbestos products liability suit in the US on behalf of Claude Tomplait. Tomplait worked on ships as well as at refineries for oil along the Texas-Louisiana border. He later 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 in order to win a mesothelioma lawsuit. The plaintiff must generally demonstrate that they were exposed, that they have been diagnosed with an asbestos-related disease, and that their illness was caused by asbestos exposure. In addition, they must show the extent of their losses.
Asbestos victims must file a mesothelioma claim or any other asbestos-related claim prior to the time that the statute of limitations for their state ends. 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 seek out a knowledgeable mesothelioma lawyer as quickly as they can in order to not miss the deadline.
Mesothelioma lawsuit history
Asbestos litigation is a legal process brought by victims and their families to seek compensation for medical expenses, lost wages, and pain and suffering. Financial compensation could help those with asbestos illnesses pay for life-extending treatments and support their families when they are unable to work. It can also help the families of victims to avoid bankruptcy. Anyone diagnosed with an asbestos-related disease must file a suit immediately. This is because a lot of states have strict statutes of limitations, or time limits, which determine how long the person must make an asbestos lawsuit following diagnosis.
In the 1960s, most asbestos victims were unaware that they could be ill after exposure to asbestos. Researchers were aware that exposure to asbestos was linked to lung illnesses and lung damage. However asbestos companies hid this information from the public and workers in order to make money from asbestos products.
Nellie Kershaw, a 33-year-old woman from England, filed the first lawsuit against asbestos-related companies in the early 1920s. Kershaw was employed in a plant in Rochdale which made asbestos fibers into yarn. She was in close contact with the asbestos and suffered respiratory problems due to it. She tried to convince her employer to cover her treatment but they did not. Her death certificate linked her death to exposure to asbestos. She died from fibrosis in the lungs.
After that companies were accused of hiding asbestos-related risks and failing to warn workers of the dangers. Insurers and manufacturers tried to evade 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.
The courts have not been fooled by these arguments. Insurance companies have been forced to set up trust funds to compensate people whose lives have been devastated by asbestos. Asbestos litigation is the longest-running mass tort of all time.
People with mesothelioma and other asbestos-related diseases should file a suit against the companies who exposed them to the disease as soon as is possible. A skilled mesothelioma lawyer can determine how much compensation a victim could receive if their case is successful.
Asbestos Litigation Today
Asbestos litigation is a major problem today. It has affected entire industries, forcing them to file for bankruptcy and set up trust funds to pay victims.
Many workers have also been diagnosed with asbestos-related diseases. Exposed to asbestos many people have passed away. As their health declines and they struggle to pay their medical bills, many more suffer from mounting medical costs and financial losses.
The number of lawsuits filed against major asbestos defendants continues to rise. Some attorneys fear that trial docket pressures have forced judges to take actions that speed up trials and produce potentially less fair results like consolidating cases and reducing the amount of time for discovery.
Some defendants are now claiming that plaintiffs are unfairly targeting them unfairly. They claim 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 argue that their assets have been taken away and that the money they receive in claims does not adequately compensate victims.
They are worried about the rapid rise in lawsuits and are trying to find ways to deal with it. They say that litigation costs are destroying their earnings and that juries awards are higher than what they are able to pay as settlements.
As more and more people are diagnosed with this deadly illness the number of claims for mesothelioma continue to rise. In the aftermath, certain companies are refusing settle.
The corruption charges against Sheldon Silver, former New York Assembly Speaker, also shine a light on the murky relationships between politicians and asbestos attorneys. The scandal has led to calls for changes to the way New York City's asbestos court handles cases.
A successful mesothelioma judgment or settlement can aid the families of victims receive compensation for losses such as medical bills, property losses, emotional distress, loss of wages and the loss of a loved one. A successful case may also be awarded punitive damages to penalize the defendant and discourage others from engaging in similar crimes.
Real Estate Litigation
When asbestos fibers are breathed in, they are absorbed into the lungs and abdomen through the lymphatic system. They eventually cause a number of illnesses that include mesothelioma. The asbestos-related cancer affects the peritoneum, the lining that lines the chest cavity and lungs. Anyone who has suffered from mesothelioma, or another asbestos-related illness, should seek out a mesothelioma lawyer for compensation.
The gathering of information and documents is the first step towards filing a mesothelioma lawsuit. Bellevue asbestos lawyers , known as discovery, may take several months. During this period the legal team will conduct interviews with workers who were exposed to asbestos. They may also talk to family members, abatement personnel or suppliers who worked with the injured person. This will help them develop an inventory of potential defendants. Once attorneys have gathered the necessary information and have it in hand, they can begin connecting the individual's exposure to products, employers and even vendors.
A lawsuit must prove that the plaintiff's mesothelioma was a result of the exposure to an asbestos-containing item or products. It is also necessary to prove that the defendant was aware of the dangers of the product but failed to warn its customers and workers. To do this, the 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 liable for damages.
In addition to the Restatement asbestos cases, asbestos cases are governed by other federal and state laws and the law of the case. The law, for example, states that plaintiffs have to demonstrate that they were exposed to asbestos in specific ways, such as being on a work site or using certain products. This type of evidence must be presented to a jury to be able to reach an award.
According to an Rand report from 2005, asbestos claims have increased. The report suggests that this is due to a number of factors, including the bankruptcy of asbestos-related companies forcing the remaining firms to accept more liability, leading to more cases, and lawyers filing as many cases as they can to be included on the bankruptcy creditor lists.