Asbestos Litigation
Asbestos litigation can be a bit complicated and time consuming. The lawsuits can involve multiple defendants and discovery can be costly and time-consuming; and the statute of limitations differs by state.
Lawyers for mesothelioma must prove that the victim was exposed to asbestos and diagnosed with a condition that is related to asbestos, for example mesothelioma, lung cancer or another health condition. They must also establish the damages that resulted from this exposure.
Asbestos Litigation History
The first asbestos lawsuits hit the US legal system in the early 20th century. In the 1960s, scientists had determined that exposure to asbestos could trigger mesothelioma, asbestosis and other serious illnesses. Companies that mined asbestos as well as those who manufactured asbestos were not quick to react. In general, the law requires that those who produce a dangerous product notify consumers.
In the early decades of litigation, victims and their families struggled to get the compensation they were entitled to. Plaintiffs often had to fight insurance companies and asbestos manufacturers to get compensation. Many of the major asbestos companies were able to escape lawsuits by declaring bankruptcy.
People who survived bankruptcy were forced to fund special trusts that would pay compensation to victims for pennies per dollar. This reduced the number claimants, and lowered the amount of compensation that victims could receive in court.
Over the years, lawyers have been able to show that many asbestos producers knew about the dangers their products posed. Some manufacturers even tried to conceal this information from the public. These cases have exposed evidence of companies willing to place profits ahead of public safety.
Ward Stephenson, an attorney in the US was the first attorney to file an asbestos product lawsuit in the year 1969 on behalf of Claude Tomplait. Tomplait was a captain on a ship and worked at oil refineries close to the border between Louisiana and Texas. He developed mesothelioma, and the Fifth Circuit U.S. Court of Appeals awarded him an amount of money to settle.
While every mesothelioma case is unique however, all claimants must establish certain factors to win 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. They should also demonstrate the extent of their losses.
Asbestos victims must file a mesothelioma or 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 generally ranges between one and three years. Asbestos victims and their families should seek out a knowledgeable mesothelioma lawyer as soon as possible to avoid missing the deadline.
Mesothelioma Litigation The History
Asbestos litigation involves the victims and their families suing for medical expenses, lost wages and pain and suffering. Financial compensation can assist patients suffering from asbestos disease pay for treatments that prolong their lives and help support their families when they are disabled to work. It could also help the those affected and their families avoid bankruptcy. It is essential for anyone diagnosed with an asbestos-related illness to file a lawsuit as soon as they can. A lot of states have strict statutes of limitation or time limits that limit the time a person must file a lawsuit after being diagnosed with asbestos.
Before the late 1960s most asbestos-related victims were unaware that they could get sick after being exposed to asbestos. However, scientists already recognized an association between exposure to asbestos and lung damage and diseases. The asbestos industry, however, hid this information to workers and the general public to make it easier for them to profit from asbestos-related products.
In the early 1920s, a young woman known as Nellie Kershaw filed the first well-known lawsuit against an asbestos firm. Kershaw was employed in a factory that spun asbestos fibers into yarn in Rochdale, England. She was constantly in contact with asbestos and developed respiratory issues from it. She tried to convince her employer to cover her treatment, but they refused. She eventually died from lung fibrosis that the death certificate of her was linked to exposure to asbestos.
After that, more accusations were filed against companies accused of concealing asbestos hazards and failing to warn workers of the dangers. Manufacturers and insurers tried to shield themselves from responsibility by claiming only certain levels of asbestos exposure were harmful. However, research has shown there is no safe limit for exposure to asbestos.
The courts have not been fooled by these arguments. Insurance companies have been forced to create trust funds to compensate those whose lives were destroyed by asbestos. Asbestos litigation is the longest-running mass tort in the history of mankind.
Patients suffering from mesothelioma or any other asbestos-related diseases should make a claim against the companies that exposed them to the disease as soon as possible. A mesothelioma lawyer can help victims determine the amount of compensation they could be entitled to if their case is successful.
Asbestos Litigation Today
Asbestos litigation is a massive issue today. It has impacted entire industries, forcing them to make bankruptcy filings and establish trust funds to compensate victims.
Many workers have also been diagnosed with asbestos-related diseases. In the wake of asbestos exposure, thousands of people have died. Many others are facing medical bills and mounting financial burdens as their health declines and they have to pay for their medical expenses.
Lawsuits against the major asbestos defendants continue to rise. Some lawyers are concerned that the pressure on trial dockets is forcing judges to take actions which accelerate trials and could result in less equitable outcomes. For instance, consolidating cases or shorter timeframes for discovery.
Palm Coast asbestos lawsuit are now claiming that plaintiffs are unfairly targeting them. They claim that some of the same companies have been involved with asbestos litigation for years, and that dozens of these defendants have become bankrupt. They claim that their assets were taken and that the funds paid out for claims did not adequately compensate victims.
They are also concerned about the rapid growth in lawsuits and are trying to figure out ways to manage 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.
Mesothelioma claims are continuing to rise as more victims are diagnosed with the fatal disease. As a result, certain companies are refusing to settle.
In addition the corruption charges against the former New York Assembly Speaker Sheldon Silver are shining a spotlight on the shady relationships between asbestos lawyers and politicians. The scandal has prompted calls for a change in the way that New York City's asbestos court handles cases.
A successful mesothelioma judgment or settlement may aid the families of victims receive compensation for losses like medical bills, property losses, emotional distress, lost wages and the death of a loved one. A successful case could also award punitive damages in order to punish the defendant and discourage others from engaging in similar wrongful conduct.
Real Estate Litigation
Asbestos fibers are absorbed into the lungs via the lymphatic system when they are inhaled. They may eventually cause mesothelioma and other diseases. This asbestos-related cancer affects the peritoneum which is the lining that surrounds the chest cavity and the lungs. Patients who have been diagnosed with mesothelioma or another asbestos-related illness should consult a seasoned mesothelioma lawyer to seek compensation.
Documents and information gathering is the first step towards filing a mesothelioma suit. This process, referred to as discovery, can last several months. During this time, the legal team will conduct interviews with employees who were exposed to asbestos. They can also talk to family members, abatement employees, or suppliers who were involved with the victim. This will help them develop a database of potential defendants. Once the information is gathered, the attorneys can start the process of linking employers, products, vendors and other elements to the individual's risk.
A lawsuit must show that mesothelioma in the plaintiff is 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 that came with the product but failed to warn consumers and workers. The lawyers will make use of the Restatement of Torts to prove this. It states that anyone who sells a product "in a condition that is dangerous to the user or the consumer" is liable for damages.
In addition to the Restatement asbestos cases are also subject to other state and federal laws, as well as the law of the case. The law, for instance stipulates that plaintiffs must to prove that they were exposed in certain ways, for example, being on a job site or using certain products. In order to be awarded a verdict this kind of evidence needs to be presented to a jury.
According to an Rand report from 2005, asbestos claims have increased. The report suggests that this is due to a variety of reasons which include: the bankruptcy of companies facing asbestos litigation forcing remaining firms to take on more liability which results in more cases lawyers trying to file as many claims as possible so they can be added to companies list of bankruptcy creditors.