Why Asbestos Litigation Is Tougher Than You Think

Asbestos Litigation

Asbestos litigation can be a bit complicated and time-consuming. Lawsuits involve multiple defendants and discovery can be costly and time consuming; and statutes of limitations vary by state.

Lawyers for mesothelioma have to prove that the victim was exposed asbestos and later diagnosed with a disease that was caused by asbestos, such as mesothelioma, lung cancer, or a different condition. They also must establish the damages resulting from that exposure.

Asbestos Litigation History

The first asbestos lawsuits hit the US legal system in the early 20th century. Researchers had already discovered in the 1960s that asbestos lawsuit exposure can cause mesothelioma and asbestosis, in addition to other serious illnesses. Companies that mined asbestos as well as those who manufactured asbestos were slow to respond. In general, the law obliges those who develop an unsafe product to inform consumers.

In the early decades of litigation victims and their families had to fight for the compensation they deserved. Plaintiffs often had to battle asbestos manufacturers and insurance companies to get compensation. A lot of asbestos companies were able to escape lawsuits when they declared bankruptcy.

Those who survived bankruptcy were required to fund special trusts which would pay out compensation to victims for pennies per dollar. This reduced the number of plaintiffs, and reduced the damages that victims were able to receive in court.

Over the years, attorneys have been able to prove that many asbestos producers knew 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.

Ward Stephenson, an attorney in the US who filed the first asbestos-related lawsuit in 1969 on behalf of Claude Tomplait. Tomplait was a captain of a ship and worked in oil refineries near the border between Louisiana and Texas. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals awarded him an amount of money to settle.

While each mesothelioma claim is unique, there are some elements that all claimants must prove in order to win mesothelioma lawsuits. Typically, the plaintiff must prove that they were exposed asbestos, that they were diagnosed with an asbestos-related illness and that exposure to asbestos was responsible for their condition. In addition, they must prove the magnitude of their losses.

Asbestos victims must file a mesothelioma or other asbestos claim within the statute of limitations in their state. The statute of limitation for mesothelioma may differ from state to state, but typically ranges between one and three years. Asbestos victims and their families must seek out a knowledgeable mesothelioma lawyer as early as possible to avoid missing the deadline.

Mesothelioma history of litigation

Asbestos litigation involves victims and their families seeking compensation for medical expenses, lost wages, and suffering. Financial compensation may help people with asbestos diseases pay for life-extending treatment and provide support to their families when they cannot work. It also helps sufferers and their loved ones avoid bankruptcy. Anyone diagnosed with an asbestos related disease must file a lawsuit as soon as they can. Many states have strict statutes of limitations, or time limits which limit the amount of time someone is required to file a suit after being diagnosed with asbestos.

Before the late 1960s, the majority of asbestos victims didn't realize that they had been exposed asbestos that was dangerous and could cause an illness. Even so, researchers already knew that there was a correlation between asbestos exposure and lung damage and diseases. The asbestos industry, however, kept this information to employees and the general public to make it easier to reap the benefits of asbestos-related products.

Nellie Kershaw, a 33-year old woman from England, filed the first lawsuit against asbestos companies in the early 1920s. Kershaw worked at a factory in Rochdale that made asbestos fibers into yarn. She was constantly in contact with asbestos and developed respiratory problems. She tried to convince her employer to cover her treatment but they refused. She died of lung fibrosis, which her death certificate linked to asbestos attorneys exposure.

After this companies were accused of hiding asbestos risks and failing to warn workers of the dangers. Insurers and manufacturers tried to avoid responsibility by claiming that only certain levels of exposure were dangerous, but research has demonstrated that there is no safe amount of exposure to asbestos for humans.

These arguments have not frightened the courts. Insurers have been forced to establish trust funds to compensate those who have suffered the loss of their lives by asbestos. Asbestos litigation is the longest-running mass tort in history.

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 they can. A mesothelioma lawyer with experience can determine how much compensation a victim might receive if their case is successful.

Asbestos Litigation Today

Asbestos litigation is a massive problem today. It has impacted a variety of industries that were forced to make bankruptcy filings and establish trust funds to compensate victims.

It also affects a lot of individual employees who have been diagnosed with an asbestos-related illness. Many have suffered fatalities as a result of exposure to asbestos, a dangerous substance. Many others are facing medical bills and increasing financial losses as their health declines and they struggle to pay their bills.

Lawsuits against the major asbestos lawsuit defendants are continuing to increase. Some lawyers worry that trial docket pressures have forced judges to take actions that speed up trials and produce potentially less equitable results including consolidated cases and shorter periods of time for discovery.

Some defendants have started to assert that they are being 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 claim that their assets were stripped and that the money they were given to victims of claims was not sufficient to compensate victims.

The defendants are also concerned because the number of lawsuits rapidly growing and they are attempting to figure out how to deal with the number of lawsuits. They argue that the costs of litigation have a negative impact on their profits and that jury awards are higher than what they are able to pay in settlements.

As more and more people are diagnosed with this deadly illness, the number of claims for mesothelioma continue to rise. Some companies are refusing to settle.

Additionally, the corruption charges against former New York Assembly Speaker Sheldon Silver are shining a light on the shady connections between politicians and asbestos lawyers (Get More Information). The scandal has prompted calls for a change to the way New York City’s asbestos court handles cases.

A successful mesothelioma judgment or settlement could aid the families of victims get compensation for losses such as medical bills, property losses, emotional distress, loss of wages and the loss of a loved one. A successful case could also award punitive damages to punish the defendant, or deter others from committing similar wrongdoing.

Real Estate Litigation

When asbestos fibers are inhaled they travel into the lungs and abdomen through the lymphatic system. They eventually cause a number of diseases, including mesothelioma. This asbestos-related cancer affects lung's lining as well as the chest cavity, also known as the peritoneum. Patients who have been diagnosed with mesothelioma, or another asbestos-related illness, should seek out a mesothelioma lawyer to seek compensation.

Gathering information and documents is the first step in filing a mesothelioma lawsuit. This process can be a long time. During this period, the legal team will conduct interviews with workers who were exposed to asbestos. They can also talk to family members, abatement workers or suppliers who were involved with the victim. This will assist in creating a database of potential defendants. Once attorneys have gathered the information they can begin the process of connecting the individual's exposure to employers, products and even vendors.

A lawsuit must show that the plaintiff's mesothelioma 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 of the product, but failed to warn its consumers and employees. The lawyers will employ the Restatement of Torts to prove this. It says that any person who sells an item "in an environment that poses a risk to the user or the consumer" is liable for damages.

In addition to the Restatement, asbestos cases are governed by other state and federal laws, as well as the law of the case. For example the law says that plaintiffs must prove that they were exposed to asbestos in a certain way, such as working at a specific site or using a certain product. This kind of evidence has to be presented before a jury to get a verdict.

According to an 2005 Rand report that there is an increase in asbestos lawsuits. The report suggests that this is due to several factors such as the bankruptcy of companies battling asbestos litigation forcing other companies to take on more responsibility and resulting in more lawsuits; and lawyers trying to file as many cases as they can in order to be included on the companies list of bankruptcy creditors.