Asbestos Litigation
Asbestos litigation can be a bit complicated and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be costly and time-consuming. The statute of limitations differs by state.
Lawyers for mesothelioma need to demonstrate that the victim was exposed to asbestos and diagnosed with a disease that was caused by asbestos, like mesothelioma, lung cancer, or another condition. They also have to prove the damages caused by that exposure.
Asbestos Litigation History
In the early 20th century, the first asbestos lawsuits were filed in the US. In the 1960s, researchers had discovered that exposure to asbestos could trigger mesothelioma, asbestosis and other serious diseases. However companies that mined and manufactured asbestos were slow respond. The law generally obliges those who develop dangerous products to warn consumers.
In the early days of litigation, families of victims and plaintiffs fought to receive the compensation they deserved. Plaintiffs often had to fight asbestos manufacturers and insurance companies in order to receive compensation. Many of the major asbestos companies were able escape lawsuits by declaring bankruptcy.
Yorba Linda asbestos lawyers were forced into funding special trusts that would pay compensation to victims for pennies per dollar. This limited the number of claimants and lowered damages that victims could claim in court.
Over the years, attorneys have been able to prove that asbestos producers were aware about the dangers that their products posed. Some manufacturers even tried to conceal this information from the public. These cases have exposed evidence of companies that were willing to put profits ahead of public safety.
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 oil refineries along the Texas-Louisiana border. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals awarded him an amount of money to settle.
Although every mesothelioma claim is different however, all claimants must establish certain factors to be successful in a lawsuit. The plaintiff has to prove that they were exposed to asbestos, 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 extent of their losses.
Asbestos victims must make a mesothelioma claim or any other asbestos claim within the timeframe of the statute of limitations in their state. The time limit for filing a claim 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 in order to not miss the deadline.
Mesothelioma litigation history
Asbestos litigation involves victims and their families suing for medical expenses, lost wages, and suffering. Financial compensation can assist patients suffering from asbestos disease get treatment that extends their lives and support their families in the event that they are not able to work. It can also help those affected and their families to avoid bankruptcy. It is important for anyone who is diagnosed with an asbestos-related disease to start a lawsuit as soon as possible. This is because many states have strict statutes of limitations or time limits which determine how long an individual has to file an asbestos lawsuit after diagnosis.
In the 1960s, the majority of asbestos victims were unaware that they were exposed to dangerous asbestos and could develop an illness. Researchers were aware, however, that exposure to asbestos was linked to lung illnesses and lung damage. The asbestos industry, however, kept this information to workers and the general public to make it easier to reap the benefits of asbestos products.
Nellie Kershaw, a 33-year old woman from England, filed the first lawsuit against asbestos-related companies in the early 1920s. Kershaw worked in a plant that made asbestos fibers into yarn in Rochdale, England. She was in close contact with the asbestos and suffered respiratory problems from it. She tried to convince her employer to pay for her treatment, but they would not. The death certificate of her was linked to her death to asbestos exposure. She died of lung fibrosis.
Following this, further claims were made against companies for hiding asbestos risks and failing to warn workers of the dangers. Insurers and manufacturers attempted to avoid responsibility by arguing only certain levels of asbestos exposure were hazardous. However research has proven that there is no safe limit for asbestos exposure.
These arguments have not fooled the courts. Insurance companies have been forced to establish trust funds to compensate those whose lives were destroyed by asbestos. Asbestos litigation is among the longest-running mass tort of all time.
Patients suffering from mesothelioma or other asbestos-related diseases must file a suit against the companies who exposed them to the illness as soon as is possible. A mesothelioma attorney can assist victims in determining the amount of compensation they may receive if their lawsuit is successful.
Asbestos Litigation Today
Asbestos litigation has become a major issue in the modern world. It has impacted entire industries that were forced to make bankruptcy filings and establish trust funds to pay victims.
Many workers have been diagnosed with asbestos-related diseases. Exposed to asbestos, thousands of people have passed away. Many others are facing medical bills and mounting financial losses as their health declines and they struggle to pay their bills.
The number of asbestos lawsuits filed against the main asbestos defendants continue to grow. Some attorneys are concerned that the pressure on trial dockets is forcing judges adopt actions that can speed up trials and produce less equitable results. For instance, consolidating cases or shorter periods for discovery.
Some defendants have started to assert that they are unfairly targeted by plaintiffs. They point out that some of the same companies have been involved with asbestos litigation for decades and that a number 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.
The defendants are also worried that the number of lawsuits rapidly increasing and they are trying to find ways to manage the influx of lawsuits. They say that litigation costs are destroying their profits, and that jury awards are more than what they are able to pay in settlements.
As more and more people are diagnosed with this deadly disease the number of lawsuits for mesothelioma continue to rise. As a result, certain companies are refusing settle.
The corruption charges brought against Sheldon Silver, former New York Assembly Speaker and former New York Assembly Speaker, also shed light on the murky relationships between politicians and asbestos attorneys. The scandal has sparked calls for changes to the manner in which the asbestos court in New York City handles cases.
A mesothelioma-related verdict or settlement may aid victims and their families recover compensation for losses like medical bills, property damage, emotional distress, loss of wages and the death of loved ones. A successful case could also award punitive damages to punish the defendant and prevent others from engaging in similar wrongful conduct.
Real Estate Litigation
When asbestos fibers are inhaled they enter the lungs and abdomen through the lymphatic system. They then trigger a range of illnesses, including mesothelioma. The asbestos-related cancer affects the lining of the lungs and chest cavity, or the peritoneum. For compensation, patients who have suffered from mesothelioma and other asbestos-related illnesses should speak with an attorney for mesothelioma.
The first step to file mesothelioma claims is gathering details and documents. This process can take up to several months. During this time the legal team will conduct interviews with employees who have been exposed to asbestos. They may also talk to family members, abatement personnel, or suppliers that worked with the person who was injured. This will enable them to create a database of potential defendants. Once the attorneys have gathered this information, they can begin the process of connecting the defendant's exposure to employers, products and vendors.
A lawsuit must establish that mesothelioma in the plaintiff is caused by exposure to an asbestos-containing product or products. It is also necessary to prove that the defendant was aware of the dangers associated with the product, but failed to warn consumers and workers. To prove this, lawyers will use 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.
In addition to the Restatement, asbestos cases are governed by other state and federal laws and cases. For instance, the law states that plaintiffs must show that they were exposed to asbestos in a particular way, like working at a specific site or using a specific product. To be able to win a verdict, this type of evidence needs to be presented to a jury.
According to a Rand report from 2005, asbestos claims have increased. The report suggests that this is due to several factors which include: the bankruptcy of companies facing asbestos litigation forcing other companies to take on more liability which results in more cases; and lawyers trying to file as many claims as they can in order to be included on companies creditor lists for bankruptcy.