15 Inspiring Facts About Asbestos Litigation That You Never Knew

Asbestos Litigation

Asbestos litigation is usually complex and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be expensive and time-consuming. The statute of limitations differs according to the state.

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

Asbestos Litigation History

In the early 20th century, the earliest asbestos lawsuits were filed in the US. In the 1960s, researchers had discovered that exposure to asbestos could trigger mesothelioma, asbestosis and other serious illnesses. Companies who mined asbestos and made asbestos were slow to respond. In general the law, producers of a hazardous product warn consumers.

In the beginning of litigation the families of victims struggled to get the compensation they were entitled to. Plaintiffs often had to fight insurance companies and asbestos manufacturers to get compensation. A lot of asbestos companies were able to escape lawsuits by declaring bankruptcy.

The bankruptcy survivors were forced to fund special trusts which would pay out compensation to victims for pennies on the dollar. This limited the number of claimants and reduced the amount of damages that victims could claim in the court.

Over the years, lawyers have been able to prove that many asbestos producers knew about the dangers their products posed. Some even tried to hide this information from the public. These cases have revealed evidence of companies that were willing to put profits ahead of safety for the public.

In 1969 the attorney Ward Stephenson filed the first asbestos products liability suit in the US on behalf of Claude Tomplait. Tomplait was a ship captain and worked in oil refineries close to the border between Texas and Louisiana. He was diagnosed with mesothelioma. the Fifth Circuit U.S. Court of Appeals awarded him a settlement.

While each mesothelioma lawsuit is different, all claimants need to establish certain factors to be successful in a lawsuit. The victim must typically demonstrate 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. Additionally, they need to show the extent of their losses.

Asbestos victims are required to file a mesothelioma claim or any other asbestos claim before the statute of limitations for their state expires. The time limit for filing a claim for mesothelioma is different from one state to the next, however, it's usually between one and three years. Asbestos victims and their families need to consult with a knowledgeable mesothelioma lawyer as quickly as they can in order to not miss the deadline.

Mesothelioma Litigation Histories

Asbestos lawsuits involve victims and their families who seek compensation for medical expenses, lost wages, and suffering. Financial compensation can help those with asbestos illnesses pay for life-extending treatments and provide support to their families when they are unable work. It also helps those affected and their families avoid bankruptcy. It is important for anyone diagnosed with an asbestos-related condition to make a claim as quickly as they can. A lot of states have strict statutes of limitation or time limitations that limit how long someone has to file a lawsuit after being diagnosed with asbestos.

In the late 1960s, many asbestos victims didn't realize that they had been exposed asbestos, which was extremely dangerous, and could lead to an illness. Even so, researchers already recognized a correlation between asbestos exposure and lung diseases and damage. The asbestos industry, however, concealed this information to employees and the general public to make it easier to make money from 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 at a factory in Rochdale that made asbestos fibers into yarn. She was in constant contact with asbestos and developed respiratory problems. She tried to convince her employer to pay for her treatment but they refused. Her death certificate linked her death to exposure to asbestos. She died of lung fibrosis.

After that the companies were accused of concealing asbestos-related risks and failing warn workers about the dangers. Manufacturers and insurers attempted to avoid liability by claiming only certain levels of exposure to asbestos were harmful. However research has revealed that there is no safe level for exposure to asbestos.

These arguments have not frightened the courts. Insurers have had 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.

Patients with mesothelioma and any other asbestos-related diseases should file a suit against the companies who exposed them to the disease as soon as they can. A mesothelioma lawyer with experience will determine the amount of compensation a victim can be entitled to if their lawsuit is successful.

Asbestos Litigation Today

Asbestos litigation has become a major issue in the current world. It has affected entire industries, and has led to them being forced into bankruptcy and to establish trust funds to pay their victims.

Many workers have also been diagnosed with asbestos-related diseases. Many have died as a result of exposure to the hazardous substance. Many more are facing medical bills and mounting financial burdens as their health declines and they have to pay for their medical expenses.

The number of lawsuits filed against asbestos defendants is continuing to rise. Some attorneys are concerned that the pressure on trial dockets is forcing judges to take actions which accelerate trials and could produce less equitable results. For instance, consolidated cases or shorter timeframes for discovery.

Some defendants are now claiming that plaintiffs are unfairly attacking them. They claim that some of the same companies have been involved in asbestos litigation for years and that a number of these defendants have gone 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 concerned that the number of lawsuits is increasing rapidly and they are trying to figure out how to deal with the influx of lawsuits. They argue that the cost of litigation is degrading their profit and that the amounts awarded by juries are far higher than what they can afford in settlements.

Mesothelioma claims are continuing to increase as more victims are diagnosed with the deadly disease. In the aftermath, some companies are refusing to settle.

The corruption allegations against Sheldon Silver, former New York Assembly Speaker and former New York Assembly Speaker, also shed spotlight on the shady connections between politicians and asbestos attorneys. The scandal has led to calls for a change in the manner in which New York City's asbestos court handles cases.

A successful mesothelioma judgment or settlement may aid victims and their families recover compensation for losses like medical bills, property losses as well as emotional distress, loss of wages and the loss of loved ones. A successful case can also award punitive damages to punish the defendant and deter others from engaging in similar wrongdoing.

Real Estate Litigation

When asbestos fibers are inhaled, they enter the lungs and abdomen through the lymphatic system. They can cause mesothelioma and other diseases. The asbestos-related cancer affects the peritoneum the lining of the chest cavity and the lungs. Patients who have been diagnosed with mesothelioma or any other asbestos-related disease should contact an experienced mesothelioma lawyer for compensation.

The first step in filing mesothelioma lawsuits is gathering information and documents. This process, known as discovery, can take several months. During this time the legal team will conduct interviews with employees who have been exposed to asbestos.  Corpus Christi asbestos lawsuits  may also speak to family members, abatement workers or suppliers who were involved with the victim. This will allow them to build a database of possible defendants. Once the information is gathered attorneys can begin the process of linking employers, vendors, products and other elements to the individual's risk.

A lawsuit must establish that the plaintiff's mesothelioma was caused by exposure to an asbestos-containing item or products. It is also necessary to prove that the defendant knew about the dangers of the product, but failed to warn its customers 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 poses a risk to the user or the consumer" can be held liable for damages.

In addition to the Restatement asbestos cases, asbestos cases are subject to other federal and state laws and case law. For example, the law states that plaintiffs must show that they were exposed to asbestos in a specific way, like being on a certain job site or using a specific product. This kind of evidence has to be presented to a jury in order to be able to reach the verdict.

According to a Rand report from 2005, asbestos lawsuits have increased. The report suggests this is due to several factors such as the bankruptcy of companies facing asbestos litigation, forcing the remaining companies to assume more liability which results in more cases lawyers trying to file as many cases as they can so that they can be included on companies' bankruptcy creditor lists.