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Asbestos Litigation Asbestos litigation can be complicated and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be costly and time-consuming. Statutes of limitations differ according to the state. Lawyers for mesothelioma need to prove that the victim was exposed to asbestos and was diagnosed with a condition that is related to asbestos, such as mesothelioma, lung cancer, or a different health condition. They must also establish the damages resulting from the exposure. Asbestos Litigation History In the early 20th century, the first asbestos lawsuits were filed in the US. In the 1960s, researchers had discovered that exposure to asbestos could cause asbestosis, mesothelioma and other serious illnesses. However companies that mined or produced asbestos were slow to respond. Generally, the law requires those who create an unsafe product to inform consumers. In the early decades of litigation victims and their families struggled to get the compensation they deserved. Plaintiffs often had to battle asbestos manufacturers and insurance companies to get compensation. A lot of asbestos companies were able avoid lawsuits by declaring bankruptcy. Those that survived bankruptcy were required to set up trusts that would pay compensation to victims for pennies on the dollar. This reduced the number claimants, and also reduced the damages that victims could receive in the court. Over the years lawyers have been able to show that many asbestos manufacturers knew of the dangers of their products. They even tried to hide this information from the public. These cases have revealed that some businesses were willing to put profits ahead of the safety of the public. In 1969 the 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 in Texas along the Louisiana-Texas border. He later developed mesothelioma, and was awarded a settlement by the Fifth Circuit U.S. Court of Appeals. While every mesothelioma case is distinct, there are certain aspects that all claimants need to establish to win a mesothelioma suit. The plaintiff must generally prove that they were exposed, that they have been diagnosed with an asbestos-related disease, and that their illness was caused by asbestos exposure. They must also show the extent of their losses. Asbestos sufferers must make a mesothelioma claim, or any other asbestos-related claim before the statute of limitation for their state ends. The time limit for filing a claim for mesothelioma is different from one state to another, however, it's usually between one and three years. Asbestos victims and their families should consult a mesothelioma lawyer as quickly as possible to avoid missing the deadline. Mesothelioma lawsuit history Asbestos litigation is a legal action that is brought by the victims and their families to seek compensation for medical expenses lost wages, suffering. Financial compensation can help those who suffer from asbestos illnesses pay for life-extending treatments and support their families when they are unable work. It can also help victims and their loved ones avoid bankruptcy. It is important for anyone diagnosed with an asbestos-related condition to file a lawsuit as soon as possible. Many states have strict statutes of limitation or time limitations which limit the amount of time someone has to file a lawsuit after being diagnosed with asbestos. Before the late 1960s most asbestos victims were unaware that they could become sick after exposure to asbestos. Even so, researchers already knew there was an association between exposure to asbestos and lung damage and illnesses. However, the asbestos industry hid this information from both workers and the general public in order to earn money from asbestos-related products. In the early 1920s, a young woman known as Nellie Kershaw filed the first famous lawsuit against an asbestos company. Kershaw worked in a plant which made asbestos fibers into yarn in Rochdale, England. She was in close contact with asbestos and suffered respiratory problems due to it. She tried to persuade her employer to pay for her treatments but they declined. Her death certificate linked her death to asbestos exposure. She died of fibrosis in the lungs. After this, more claims were filed against companies for concealing asbestos hazards and failing to warn workers of the dangers. Manufacturers and insurers tried to avoid responsibility by claiming that only certain levels of exposure are hazardous, but studies have revealed that there is no safe level of asbestos exposure for people. These arguments have not frightened the courts. Insurance companies have been forced to set up trust funds to pay for people who have suffered the loss of their lives by asbestos. Asbestos litigation is the longest-running mass tort in history. Patients with mesothelioma and any other asbestos-related diseases must make a claim against the companies that exposed them to the illness 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 is a huge issue in the present. It has impacted entire industries that were forced to declare bankruptcy and establish trust funds to pay victims. It also affects a lot of individual employees who have been diagnosed with an asbestos-related disease. As a result of exposure to asbestos, thousands of people have passed away. Many more are struggling with medical bills and increasing financial losses as their health declines and they struggle to pay their expenses. The number of lawsuits filed against asbestos defendants is continuing to increase. Some lawyers worry that pressures on the trial docket are forcing judges to adopt actions that speed up trials and result in less fair results like consolidation of cases and shorter lengths of time for discovery. Some defendants have started to assert that they are being unfairly targeted by plaintiffs. They argue that a number of the same companies were involved in asbestos litigation over decades and that dozens have declared bankruptcy. They claim that their assets have been stripped and that the amount of money awarded in settlements does not adequately compensate victims. They are concerned about the rapid growth in lawsuits and are looking for ways to deal with it. They argue that the cost of litigation is degrading their profit and that the verdicts handed out by juries are much higher than they can pay in settlements. As increasing numbers of people are diagnosed with this deadly disease, the number of claims for mesothelioma continues to increase. Orlando asbestos lawsuits refuse to settle. The corruption allegations against Sheldon Silver, former New York Assembly Speaker, also shine a light on the shady relationships between politicians and asbestos attorneys. The scandal has prompted calls for changes in the way the asbestos court in New York City handles cases. A mesothelioma judgment or settlement can assist families and victims receive compensation for losses like medical expenses, property losses as well as lost wages, emotional distress, and loss of a loved one. A successful case may also award punitive damages in order to punish the defendant and deter others from engaging in similar wrongdoing. Real Estate Litigation Asbestos fibers are absorbed into the lungs through the lymphatic system after being inhaled. They can eventually cause mesothelioma and other diseases. This asbestos-related cancer affects the lung's lining as well as the chest cavity, or the peritoneum. For compensation, people who suffer from mesothelioma or other asbestos-related illnesses should contact an attorney for mesothelioma. The gathering of information and documents 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 conduct interviews with employees who were exposed asbestos. They can also speak to family members, abatement workers or suppliers who worked with the injured person. This will allow them to build a database of potential defendants. Once the attorneys have gathered the necessary information they can begin connecting the defendant's exposure to products, employers, and vendors. A lawsuit must show that mesothelioma in the plaintiff is due to exposure to an asbestos-containing item or products. It must also prove that the defendant was aware of the dangers of the product and did not warn its customers and workers. To prove this, lawyers will rely on the Restatement of Torts, which states that anyone who sells a product “in an unsafe condition, unreasonable dangerous to the user or consumer” is liable for damages. In addition to the Restatement asbestos cases are also governed by other federal and state laws, as well as cases. The law, for instance, states that plaintiffs have to demonstrate that they were exposed to asbestos in a particular way, like working on a site or using certain products. In order to be awarded a verdict this type of evidence needs been presented to the jury. According to an Rand report from 2005, asbestos claims have increased. The report suggests that this is due to a number of factors, including the bankruptcy of asbestos-related companies forcing the remaining firms to accept more liability which results in more cases, and lawyers filing as many cases as they can in order to be added to creditor lists for bankruptcy.