Asbestos Litigation
Asbestos litigation can be complex and time consuming. Multiple defendants are involved in lawsuits. Discovery can be expensive and time-consuming. Statutes of limitations differ by state.
Lawyers for mesothelioma must prove that the victim was exposed to asbestos and later diagnosed with a condition that is related to asbestos, such as mesothelioma, lung cancer or a different disease. They also must establish the damages caused by that exposure.
Asbestos Litigation History
The first asbestos-related lawsuits hit the US legal system in the early twentieth century. Researchers had already established in the 1960s that exposure to asbestos could trigger mesothelioma or asbestosis, as well as other serious diseases. However companies that mined and manufactured asbestos were slow to respond. Santa Maria asbestos attorney requires those who produce dangerous products to warn consumers.
In the early days of litigation, families of victims and plaintiffs fought to receive the compensation they were entitled to. To get compensation, plaintiffs had to fight insurance companies and asbestos producers. Many large asbestos companies were able to avoid lawsuits when they declared bankruptcy.
The bankruptcy survivors were required to set up trusts that would pay out compensation to victims at pennies per dollar. This limited the number of claimants as well as decreased the amount of damages victims could receive in court.
Over the years lawyers have been able to show that asbestos manufacturers were aware of the dangers of their products. Some even tried to conceal this information from the public. These cases have revealed evidence of companies that were willing to put profits ahead 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 was employed on ships and at oil refineries along the Texas-Louisiana border. He was diagnosed with mesothelioma. the Fifth Circuit U.S. Court of Appeals awarded him an amount of money to settle.
While every mesothelioma case is different, all claimants need to establish certain elements in order to win a lawsuit. Typically, the victim has to show they were exposed to asbestos, that they were diagnosed with an asbestos-related condition and that the exposure was responsible for their condition. They also need to prove the extent of their losses.
Asbestos victims must file a mesothelioma or other asbestos-related claim within the statute of limitations in their state. The time limit for filing a claim for mesothelioma differs from one state to the next, however, it's usually between one and three years. Asbestos victims and their families should seek out a knowledgeable mesothelioma lawyer as early as possible to avoid missing the deadline.
Mesothelioma litigation history
Asbestos lawsuits involve victims and their families suing for medical expenses, lost wages and pain and suffering. Financial compensation can help those who suffer from asbestos diseases pay for life-extending treatments and help their families when they cannot work. It can also help sufferers and their loved ones avoid bankruptcy. Anyone who is diagnosed with an asbestos related disease must file a lawsuit as soon as they are able to. This is because a lot of states have narrow statutes of limitations or time limits that set how long an individual has to file a lawsuit against asbestos after diagnosis.
In the late 1960s, many asbestos-related victims were unaware that they could get sick after exposure to asbestos. Researchers knew, however, that exposure to asbestos was associated with lung ailments and lung 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 known as Nellie Kershaw filed the first famous lawsuit against an asbestos company. Kershaw worked in a factory which spun asbestos fibers into yarn in Rochdale, England. She was in close contact with the asbestos and developed respiratory issues from it. She tried to convince her employer to cover her treatment, but they would not. The death certificate of her was linked to her death to asbestos exposure. She died of lung fibrosis.
After this the companies were accused of hiding asbestos-related risks and failing to warn workers about the dangers. Manufacturers and insurers attempted to avoid responsibility by arguing that only certain levels of exposure to asbestos were hazardous. However, research has shown there is no safe level for exposure to asbestos.
These arguments have not frightened the courts. Insurance companies have been compelled to establish trust funds to compensate people who lost their lives due to asbestos. Asbestos litigation has been the longest-running mass tort in history.
People with mesothelioma or other asbestos-related diseases should make a claim against the companies who exposed them to the disease as soon as they can. An attorney for mesothelioma can assist victims in determining the amount of compensation they could receive if their lawsuit is successful.
Asbestos Litigation Today
Asbestos litigation has become a major issue in the current world. It has affected entire industries that have been forced to file for bankruptcy and set up trust funds to pay victims.
Many workers have been diagnosed with asbestos-related diseases. Thousands of people have passed away due to exposure to the hazardous substance. Many more are facing medical bills and mounting financial burdens as their health declines and they struggle to pay their bills.
The number of asbestos lawsuits filed against the main asbestos defendants are continuing to increase. Some attorneys are concerned that the pressure on trial dockets is forcing judges adopt actions that speed up trials and may produce less equitable results. For instance, consolidating cases or shorter periods for discovery.
Some defendants have begun to assert that they are unfairly targeted by plaintiffs. They claim that a lot of the same companies were involved in asbestos litigation for decades, and that dozens have been bankrupted. They claim that their assets have been stripped and that the money awarded in settlements does not adequately compensate victims.
They are also concerned about the rapid growth in lawsuits and are looking for ways to deal with it. They argue that the costs of litigation are destroying their profits and that jury awards are higher than what they can afford in settlements.
Mesothelioma claims continue to rise as more victims are diagnosed with the fatal disease. This is why certain companies are refusing settle.
Additionally the corruption allegations against the former New York Assembly Speaker Sheldon Silver are shining a spotlight on the shady connections between politicians and asbestos lawyers. The scandal has prompted calls for a change to the way that New York City's asbestos court handles cases.
A mesothelioma settlement or verdict can assist families and victims recover compensation for losses, such as medical expenses, property losses, lost wage emotional distress, and loss of a loved one. A successful case could also award punitive damages to the defendant in order to discourage others from engaging in similar wrongdoing.
Real Estate Litigation
Asbestos fibers are absorbed into the lungs via the lymphatic system when inhaled. They can eventually cause mesothelioma, as well as other illnesses. This asbestos-related cancer affects the lining of the lungs and chest cavity, or peritoneum. To receive compensation, those who have suffered from mesothelioma and other asbestos-related diseases should consult a mesothelioma attorney.
The first step to file mesothelioma claims is to gather details and documents. This process can take up to several months. During this time the legal team will conduct interviews with workers who were exposed to asbestos. They will also talk to family members, abatement personnel, or suppliers that worked with the injured person. This will help them build a database of possible defendants. Once the attorneys have gathered the necessary information, they can begin the process of connecting the individual's exposure to employers, products and vendors.
A lawsuit must prove the mesothelioma of the plaintiff was caused by exposure to asbestos-containing products. It is also necessary to prove 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 states that anyone who sells products "in a condition that is dangerous to the user or the consumer" is liable for damages.
In addition to the Restatement asbestos cases, asbestos cases are governed by other laws, both state and federal and the law of the case. For instance the law says that plaintiffs must demonstrate that they were exposed to asbestos in a certain way, like working at a specific site or using a specific product. This type of evidence must be presented to a jury to get an award.
According to a Rand report from 2005, asbestos claims have increased. The report suggests that this is due to a variety of reasons such as the bankruptcy of companies facing asbestos litigation forcing remaining firms to take on more liability and resulting in more lawsuits lawyers attempting to file as many claims as they can in order to be included on companies creditor lists for bankruptcy.