Asbestos Litigation
Asbestos litigation can be complicated and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be costly and time-consuming. Statutes of limitations differ in each state.
Mesothelioma lawyers must demonstrate that the victim was exposed to asbestos and diagnosed with an asbestos-related condition such as mesothelioma, lung cancer or a different condition. They must also establish the damages resulting from this exposure.
Asbestos Litigation History
In the early 20th century, the earliest asbestos lawsuits were filed in the US. In the 1960s, scientists had concluded that exposure to asbestos could cause asbestosis, mesothelioma and other serious diseases. However, companies that mined and manufactured asbestos were slow respond. In general, the law requires that the producers of a dangerous product inform consumers.
In the beginning of litigation the families of victims struggled to receive the compensation they deserved. In order to receive compensation, plaintiffs had to fight insurance companies and asbestos producers. Many large asbestos companies were able escape lawsuits when they declared bankruptcy.
People who survived bankruptcy were forced into funding special trusts that paid compensation to victims for pennies per dollar. This limited the number of claimants, and reduced the amount of damages that victims could claim in court.
Over the years, lawyers have been able to prove that asbestos producers were aware about the dangers that their products posed. They even tried to hide this information from the public. These cases have revealed that some firms were willing to put profits ahead of security of the public.
Ward Stephenson, an attorney in the US was the first attorney to file an asbestos-related lawsuit in 1969 on behalf of Claude Tomplait. Tomplait was employed on ships and at refineries for oil along the Texas-Louisiana border. He developed mesothelioma, and the Fifth Circuit U.S. Court of Appeals awarded him an agreement.
While each mesothelioma claim is unique, there are a few factors that all claimants must prove in order to win a mesothelioma lawsuit. The plaintiff has to demonstrate that they were exposed, that they have been diagnosed with an asbestos related disease and that their condition was caused by asbestos exposure. In addition, they must show the magnitude of their losses.
Asbestos victims must make a mesothelioma claim or any other asbestos claim within the statute of limitations for their state. The statute of limitations for mesothelioma is different from one state to the next, but it is generally somewhere between one and three years. Asbestos victims and their families must consult with a knowledgeable mesothelioma lawyer as early as they can to avoid missing the deadline.
Mesothelioma Litigation History
Asbestos litigation involves victims and their families seeking compensation for medical expenses, lost wages, and pain and suffering. Financial compensation can help patients suffering from asbestos disease get treatment that extends their lives and help support their families when they are unable to work. It can also help those affected and their families avoid bankruptcy. Anyone who is diagnosed with an asbestos-related disease must file a lawsuit immediately. Many states have strict statutes of limitation, or time limits that limit the time a person must file a lawsuit after being diagnosed with asbestos.
In the late 1960s, many asbestos-related victims were unaware that they could be ill after exposure to asbestos. Yet, researchers recognized an association between exposure to asbestos and lung damage and illnesses. But asbestos companies hid this information from workers and the public to make a profit from asbestos-related products.
In the early 1920s, a 33-year-old woman named Nellie Kershaw filed her first well-known lawsuit against an asbestos firm. Kershaw worked in a plant that made asbestos fibers into yarn in Rochdale, England. She was constantly in contact with asbestos and was diagnosed with respiratory problems. She tried to convince her employer to cover her treatment, but they would not. She ultimately died from lung fibrosis and the death certificate of her was linked to asbestos exposure.
Following this, further claims were filed against companies for concealing asbestos hazards and not warning workers of the dangers. Manufacturers and insurers attempted to evade responsibility by arguing that only certain levels of exposure are harmful, but research has demonstrated 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 forced to establish trust funds to pay for people who have suffered the loss of their lives by asbestos. Asbestos litigation is the longest-running mass tort of all time.
People with mesothelioma and other asbestos-related diseases should bring a lawsuit against the companies that exposed them to the disease as soon as they can. A mesothelioma lawyer with experience can determine how much compensation a victim can be entitled to if their lawsuit is successful.
Asbestos Litigation Today
Asbestos litigation has become a major issue in the modern world. It has affected entire industries, and has led to them being forced into bankruptcy and to establish trust funds to compensate the victims.
It also affects a lot of individual employees who have been diagnosed with an asbestos-related illness. Exposed to asbestos thousands of people have died. As their health declines, and they struggle to pay their expenses, a lot of people face mounting medical bills and financial losses.
Lawsuits against the major asbestos defendants continue to grow. Some lawyers worry that the pressures on trial dockets are forcing judges to take actions that speed up the trials and produce potentially less equitable outcomes like consolidation of cases and shorter lengths of time for discovery.
Some defendants have begun to assert that they are being unfairly targeted by plaintiffs. They point out that some of the same companies have been involved in asbestos litigation for years, and that dozens of these defendants have become bankrupt. They argue that their assets have been stripped and that the money they receive in claims does not adequately compensate victims.
They are concerned about the rapid increase in lawsuits and are looking for ways to deal with it. They argue that the expense of litigation is affecting their profits and that the awards awarded by juries are significantly more than the amount they can pay in settlements.
Mesothelioma claims are continuing to rise as more victims are diagnosed with the fatal disease. Some companies are refusing to settle.
The corruption allegations against Sheldon Silver, former New York Assembly Speaker, also shine a light on the shady relationships between asbestos attorneys and politicians. The scandal has sparked calls for changes to the manner in which the asbestos court in New York City handles cases.
A mesothelioma judgment or settlement can help victims and families receive compensation for losses, like medical expenses, property losses, lost wage emotional distress, and death of a loved. A successful case could also be awarded punitive damages to penalize the defendant and prevent others from engaging in similar wrongful conduct.
Real Estate Litigation
Asbestos fibers enter the lungs via the lymphatic system when inhaled. They may eventually cause mesothelioma, as well as other illnesses. The asbestos-related cancer affects the peritoneum, the lining that lines the chest cavity and the lungs. Kenner asbestos lawyer who has suffered from mesothelioma or another asbestos-related illness should contact an experienced mesothelioma attorney to obtain compensation.
The gathering of information and documents is the first step towards filing a mesothelioma lawsuit. This process, also known as discovery, can take several months. During this period the legal team will conduct interviews with workers who have been exposed to asbestos. They will also talk to family members, abatement workers or suppliers who worked with the injured person. This will help them develop an inventory of potential defendants. Once the attorneys have gathered the information they can begin connecting the defendant's exposure to companies, products, and vendors.
A lawsuit must prove that the plaintiff's mesothelioma was caused by exposure to asbestos-containing products. It is also necessary to prove that the defendant knew about the dangers of the product but failed to warn its consumers and workers. The lawyers will make use of the Restatement of Torts to prove this. It states that anyone selling a product "in a state that is unreasonably hazardous to the user or consumer" can be held liable for damages.
Asbestos cases are also governed by federal and state laws, as well as the law of case. For example the law stipulates that plaintiffs must prove that they were exposed to asbestos in a specific way, like being on a specific job location or using a particular product. This kind of evidence must be presented to a jury to win a verdict.
According to an Rand report from 2005, asbestos claims have increased. The report suggests that this is due to a number of factors, such as bankruptcy of companies facing asbestos lawsuits forcing the remaining firms to accept more liability and resulting in more cases, and lawyers completing as many cases as they can in order to be included on bankruptcy creditor lists.