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Asbestos Litigation Asbestos litigation is often complex and time-consuming. Multiple defendants are involved in lawsuits. Discovery is costly and time-consuming. Statutes of limitations differ according to the state. Mesothelioma lawyers must demonstrate that the victim was exposed to asbestos before being diagnosed with an asbestos-related condition like mesothelioma or lung cancer or a different condition. They must also prove the damages caused by that exposure. Asbestos Litigation History The first asbestos lawsuits hit the US legal system in the early 20th century. In the 1960s, scientists had discovered that exposure to asbestos could trigger mesothelioma, asbestosis and other serious illnesses. Companies who mined asbestos and made it were slow to react. In general the law, those who produce a dangerous product notify consumers. In the beginning of litigation, victims' families and plaintiffs fought to get the compensation they deserved. In order to get compensation plaintiffs had to battle asbestos producers and insurance companies. A lot of asbestos companies were able to avoid lawsuits after declaring bankruptcy. Those who survived bankruptcy were forced to fund special trusts that would pay compensation to victims for pennies on the dollar. This reduced the number of claimants and reduced the amount of damages that victims could receive in the court. Over the years, lawyers have been able to show that asbestos producers were aware about the dangers their products could pose. They even tried to hide this information from the public. These incidents have revealed that some companies were 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 worked on ships and at refineries for oil along the Texas-Louisiana border. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals granted him an amount of money to settle. While every mesothelioma case is different each claimant must establish certain elements in order to win a lawsuit. The plaintiff must generally 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 are required to submit a mesothelioma lawsuit or any other asbestos claim prior to the time that the statute of limitations for their state ends. The time limit for filing a claim for mesothelioma varies from one state to another, but it is generally somewhere between one and three years. Asbestos victims and their families must consult with a knowledgeable mesothelioma lawyer as quickly as possible to avoid missing the deadline. Mesothelioma Litigation History Asbestos litigation involves victims and their families seeking compensation for medical expenses, lost wages, and suffering. Financial compensation can assist patients suffering from asbestos disease pay for treatment that extends their lives, and also support their families when they are not able to work. It also helps sufferers and their loved ones avoid bankruptcy. It is important for anyone who is diagnosed with an asbestos-related disease to make a claim as quickly as possible. This is because many states have strict statutes of limitations or time limits that determine the time the person must file a lawsuit against asbestos after diagnosis. Before the late 1960s, many asbestos victims didn't realize that they had been exposed to asbestos, which was extremely dangerous, and could lead to an illness. Researchers were aware, however, that asbestos exposure was associated with lung diseases and lung damage. The asbestos industry, however, kept this information to employees and the general public in order to reap the benefits of asbestos products. In the early 1920s, a young woman known as Nellie Kershaw filed the first well-known lawsuit against an asbestos-related company. Kershaw worked in a factory in Rochdale that spun asbestos fibers to yarn. She was constantly in contact with asbestos and developed respiratory problems. Aurora asbestos lawyer tried to convince her employer to pay for her treatment, but they refused. She died of lung fibrosis that 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. Manufacturers and insurers attempted to avoid liability by claiming that only certain levels of asbestos exposure were dangerous. However, research has shown there is no safe level for asbestos exposure. The courts have not been fooled by these arguments. Insurance companies have been compelled to establish trust funds in order to compensate people who lost their lives due to asbestos. Asbestos litigation is the longest-running mass tort in history. People with mesothelioma and other asbestos-related diseases should make a claim against the companies who exposed them to the illness as soon as they can. A knowledgeable mesothelioma lawyer will determine the amount of compensation a victim can receive if their claim is successful. Asbestos Litigation Today Asbestos litigation is a major problem today. It has impacted a variety of industries, forcing them to make bankruptcy filings and set up trust funds to pay victims. Many workers have been diagnosed with asbestos-related illnesses. Thousands of people have died as a result of exposure to asbestos, a dangerous substance. As their health deteriorates and they struggle to pay for their medical bills, many more suffer from mounting medical costs and financial losses. Lawsuits against the major asbestos defendants continue to increase. Some attorneys are concerned that the pressure on trial dockets is forcing judges adopt actions that accelerate trials and could result in less equitable outcomes. For instance, consolidated cases or shorter timeframes for discovery. Some defendants are now claiming that plaintiffs are unfairly targeting them unfairly. They claim that some of the same companies have been involved in asbestos litigation for years, and that dozens of defendants have gone bankrupt. They claim that their assets were taken and that the funds awarded for claims did not adequately compensate victims. They are worried about the rapid rise in lawsuits and are trying to figure out ways to manage it. They claim that litigation costs are reducing their profits, and that jury awards are more than what they can pay in settlements. Mesothelioma claims continue to increase as more patients are diagnosed with the deadly disease. Some companies are refusing to settle. The corruption charges against Sheldon Silver, former New York Assembly Speaker, also shine a light on the murky relationships 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 mesothelioma judgment or settlement can help families and victims recover compensation for losses such as medical expenses, property losses, lost wage, emotional distress, and death of a loved. A successful case may also award punitive damage to punish the defendant, or prevent others from doing the same wrongdoing. Real Estate Litigation When asbestos fibers are inhaled they are absorbed into the lungs and abdomen via the lymphatic system. They may eventually cause mesothelioma as well as other diseases. 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 seek out a mesothelioma lawyer for compensation. Documents and information gathering is the first step in filing a mesothelioma lawsuit. This process, known as discovery, may take several months. During this period, the legal team will interview workers who were exposed to asbestos. They may also speak to family members, abatement employees, or suppliers who worked with the injured individual. This will help them develop a database of potential 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 show that the plaintiff's mesothelioma was a result of the exposure to an asbestos-containing item or products. It must also be proven that the defendant was aware of the dangers associated with the product, but failed to warn consumers and workers. To do this, the lawyers will use the Restatement of Torts, which states that anyone who sells any product “in an unsafe condition, unreasonable dangerous to the consumer or user” is liable for damages. In addition to the Restatement asbestos cases are also controlled by other state and federal laws as well as the law of the case. For instance the law stipulates that plaintiffs must prove that they were exposed to asbestos in a specific manner, for example, being on a specific job site or using a specific product. In order to be awarded a verdict this kind of evidence needs been presented to the jury. According to a 2005 Rand report the year 2005, there is an increase in asbestos claims. The report suggests that this is due to a variety of reasons which include: the bankruptcy of companies battling asbestos litigation forcing other companies to assume more liability, resulting in more cases lawyers attempting to file as many cases as possible so they can be included on the companies creditor lists for bankruptcy.