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Asbestos Litigation Asbestos litigation can be a bit complicated and time consuming. Multiple defendants are involved in lawsuits. Discovery is costly and time-consuming. Statutes of limitations differ according to the state. Lawyers for mesothelioma have to prove that the victim was exposed to asbestos and later diagnosed with a disease related to asbestos, for example mesothelioma, lung cancer, or a different health condition. They must also prove the damages resulting from the exposure. Asbestos Litigation History The first asbestos lawsuits erupted in the US legal system in the early 20th century. Researchers had already established in the 1960s that exposure to asbestos could trigger mesothelioma or asbestosis, as well as other serious diseases. Companies that mined asbestos as well as those who manufactured it were slow to react. In general the law, the producers of a dangerous product warn consumers. In the beginning of litigation, the families of victims and the plaintiffs struggled to receive the compensation they were entitled to. In order 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 forced into funding special trusts which would pay compensation to victims for pennies on the dollar. This reduced the number of claimants as well as lowered damages that victims could claim in court. Over the years, lawyers have been able to show that asbestos producers were aware of the dangers posed by their products. 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. 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 refineries for oil along the Texas-Louisiana border. He later developed mesothelioma, and was awarded a settlement by the Fifth Circuit U.S. Court of Appeals. While each mesothelioma lawsuit is different each claimant 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 illness was caused by the asbestos exposure. In addition, they must demonstrate the extent of their losses. Asbestos victims must submit a mesothelioma or another asbestos-related claim within the statute of limitations for their state. The statute of limitation for mesothelioma may differ between states, but usually ranges between one and three year. To ensure that you don't miss the deadline, asbestos victims and their families must seek the help of a mesothelioma lawyer as soon as they can. Mesothelioma litigation history Asbestos litigation is a legal action brought by victims and their families in order to collect compensation for medical expenses, lost wages, and suffering and pain. Financial compensation may help people with asbestos diseases pay for life-extending treatment and help their families when they are unable work. It also assists victims and their families to avoid bankruptcy. It is important for anyone diagnosed with an asbestos-related illness to start a lawsuit as soon as they can. There are many states with strict statutes of limitation, or time limits that limit the time a person is required to file a suit after being diagnosed with asbestos. In the late 1960s, many asbestos victims were unaware they could become sick after being exposed to asbestos. Even so, researchers already knew there was an association between exposure to asbestos and lung damage and diseases. But asbestos companies hid this information from the public and workers in order to earn money from asbestos products. In the early 1920s, a 33-year-old woman named Nellie Kershaw filed the first well-known lawsuit against an asbestos-related company. Kershaw worked at a factory in Rochdale that spun asbestos fibers into yarn. She was constantly in contact with asbestos and developed respiratory issues. She tried to convince her employer to cover her medical expenses but they declined. She died of fibrosis of the lungs and her death certificate attributed to exposure to asbestos. After this, more claims were filed against companies for concealing asbestos hazards and not informing workers of the dangers. Insurers and manufacturers tried to evade responsibility by arguing that only certain levels of exposure were harmful, but research has revealed that there is no safe level of asbestos exposure for people. These arguments have not fooled the courts. Insurers have been forced to set up trust funds to compensate people who's lives have been destroyed by asbestos. Asbestos litigation is the longest-running mass tort in history. Patients suffering from mesothelioma and other asbestos-related diseases should make a claim against the companies that exposed them to the disease as soon as is possible. A mesothelioma attorney can help victims determine the amount of compensation they might be entitled to if their case is successful. Asbestos Litigation Today Asbestos litigation has become a major issue in the present day. 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. Many have suffered fatalities as a result of exposure to the hazardous substance. Many others are facing medical bills and increasing financial burdens as their health deteriorates and they have to pay for their medical expenses. The number of asbestos lawsuits filed against the main asbestos defendants are continuing to increase. Some lawyers worry that pressures on the trial docket are forcing judges to take actions that speed up the trials and result in less fair results, such as consolidated cases and shorter periods of time for discovery. Some defendants are now asserting that plaintiffs are unfairly targeting them. They argue that a number of the same firms were involved in asbestos litigation for years and that many have gone bankrupt. They claim that their assets were sacked and the money given to victims of claims was not enough to compensate victims. They are concerned about the rapid increase in lawsuits and are looking for ways to control it. They argue that the expense of litigation is destroying their profitability and that the verdicts handed out by juries are much higher than the amount they can pay in settlements. Allentown asbestos lawyers are continuing to rise as more patients are diagnosed with the deadly disease. Some companies refuse to settle. The corruption charges against Sheldon Silver, former New York Assembly Speaker as well as shine light on the murky relationships between politicians and asbestos attorneys. The scandal has sparked calls for changes to the manner in which New York City's asbestos court handles cases. A successful mesothelioma judgment or settlement could aid the families of victims get compensation for losses like medical bills, property losses and emotional distress, loss of wages and the death of loved ones. A successful case can also be awarded punitive damages to penalize 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 may eventually cause mesothelioma, as well as other illnesses. The asbestos-related cancer affects the lining of the lungs and chest cavity, or the peritoneum. Patients who have been diagnosed with mesothelioma or another asbestos-related illness should consult a seasoned mesothelioma lawyer to seek compensation. The first step to file a mesothelioma lawsuit is gathering documents and information. This process could be a long time. During this period the legal team will conduct interviews with workers who have been exposed to asbestos. They can also speak to family members, abatement workers, or suppliers that were involved with the victim. This will allow them to build a database of possible defendants. Once they have this information attorneys can begin the process of connecting employers, products, vendors and other factors to the individual's risk. A lawsuit must prove that the plaintiff's mesothelioma was a result of the exposure to asbestos-containing products or 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. To do this, the lawyers will use the Restatement of Torts, which states that anyone who sells any product “in unsafe condition that is unreasonable dangerous to the user or consumer” is at risk of being held accountable for damages. In addition to the Restatement asbestos cases, asbestos cases are governed by other federal and state laws, as well as the law of the case. For example, the law states that plaintiffs must demonstrate that they were exposed to asbestos in a specific manner, for example, working at a specific site or using a certain product. To be able to win a verdict, this type of evidence needs to be presented to the jury. According to the 2005 Rand report that there is an increase in asbestos claims. The report suggests that this is due to several factors which include: the bankruptcy of companies that are facing asbestos litigation forcing remaining firms to assume more liability which results in more cases; and lawyers trying to file as many claims as possible so they can be added to companies creditor lists for bankruptcy.