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Asbestos Litigation Asbestos litigation can be a bit complicated and time consuming. Multiple defendants are involved in lawsuits. Discovery can be expensive and time-consuming. Statutes of limitation differ by state. Mesothelioma lawyers must demonstrate that the victim was exposed to asbestos and diagnosed with an asbestos-related condition such as mesothelioma, lung cancer, or another. They must also prove the damages that resulted from this 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 lead to asbestosis, mesothelioma and other serious diseases. Companies that mined asbestos and manufactured asbestos were slow to respond. Generally, the law requires those who produce dangerous products to warn consumers. In the beginning of litigation, victims and their families had to fight for the compensation they were entitled to. In order to receive compensation, plaintiffs had to fight insurance companies and asbestos producers. Many asbestos companies were able to avoid lawsuits after declaring bankruptcy. Those that survived bankruptcy were required to fund special trusts which would pay out compensation to victims for pennies per dollar. This limited the number of claimants and lowered damages that victims could receive in court. Over time, lawyers have been able prove that many asbestos producers knew about the dangers their products could pose. Some even tried to hide this knowledge from the public. These cases have revealed evidence of companies that were willing to place profits ahead of safety for the public. Ward Stephenson, an attorney in the US was the first attorney to file an asbestos-related lawsuit in 1969 on behalf of Claude Tomplait. Tomplait was a ship captain and worked at oil refineries near the Texas-Louisiana boundary. 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 lawsuit is different each claimant must prove certain elements to win a lawsuit. The plaintiff has to demonstrate that they were exposed, that they have been diagnosed with an asbestos related disease and that their illness was caused by the asbestos exposure. They also need to prove the extent of their losses. Asbestos victims are required to make a mesothelioma claim, or any other asbestos-related claim before the statute of limitation for their state expires. The time limit for filing a claim for mesothelioma may differ from state to state, but usually ranges between one and three year. Asbestos victims and their families should seek out a knowledgeable mesothelioma lawyer as early as they can to avoid missing the deadline. Mesothelioma history of litigation Asbestos lawsuits involve 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 in the event that they are not able to work. It could also help the those affected and their families avoid bankruptcy. Anyone who is diagnosed with an asbestos related disease must file a suit as soon as they can. Many states have strict statutes of limitation, or time limits that limit the time a person has to file a lawsuit after being diagnosed with asbestos. Before the late 1960s most asbestos-related victims were unaware that they could become sick after being exposed to asbestos. However, Arvada asbestos lawsuit recognized a correlation between asbestos exposure and lung damage and illnesses. But, the asbestos industry hid this information from both workers and the general public to make a profit from asbestos products. In the early 1920s, a 33-year old woman named Nellie Kershaw filed the first famous lawsuit against an asbestos firm. Kershaw worked in a factory in Rochdale that made asbestos fibers into yarn. She was constantly in contact with asbestos and suffered respiratory problems from it. She tried to convince her employer to pay for her treatments but they did not. She eventually died from fibrosis of the lungs and her death certificate linked to exposure to asbestos. After this, more claims were filed against companies for concealing asbestos hazards and not warning workers of the dangers. Manufacturers and insurers tried to dodge responsibility by arguing that only certain levels of exposure are harmful, but research has demonstrated that there is no safe amount of exposure to asbestos for humans. The courts have not been fooled by these arguments. Insurers have been forced to establish trust funds to compensate those who have suffered the loss of their lives by asbestos. Asbestos litigation has been the longest-running mass tort in history. People with mesothelioma and other asbestos-related diseases must file a suit against the companies that exposed them to the illness as soon as possible. A skilled mesothelioma lawyer can estimate the amount of compensation a victim can be entitled to if their lawsuit is successful. Asbestos Litigation Today Asbestos litigation has become a major problem in the modern world. It has affected entire industries, and has led to them being forced into bankruptcy and to establish trust funds to pay the victims. It also affects many individual workers who have been diagnosed with an asbestos-related disease. Exposed to asbestos thousands of people have died. Many more are struggling with medical bills and mounting financial burdens as their health declines and they have to pay for their medical expenses. The number of lawsuits against asbestos defendants of major importance continues to increase. Some attorneys are concerned that the pressure on trial dockets is forcing judges take actions which can speed up trials and result in less equitable outcomes. For example, consolidated cases or shorter timeframes for discovery. Some defendants are now asserting that plaintiffs are unfairly targeting them. They claim that a lot of the same companies were involved in asbestos litigation for years and that many have declared bankruptcy. They argue that their assets have been slashed and that the money awarded in settlements does not adequately compensate victims. The defendants are also concerned because the number of lawsuits is rapidly increasing, and they are struggling to figure out how to deal with the influx of lawsuits. They claim that litigation costs are reducing their profits and that jury awards are greater than what they can pay in settlements. As more and more people are diagnosed with this deadly disease the number of claims for mesothelioma continues to increase. Some companies are refusing to settle. The corruption charges 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 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 receive compensation for losses like medical bills, property loss and emotional distress, loss of wages and the death 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 Asbestos fibers enter the lungs via the lymphatic system after being inhaled. They may eventually cause mesothelioma, as well as other illnesses. The asbestos-related cancer affects the peritoneum the lining of the chest cavity and the lungs. People who have suffered mesothelioma or any other asbestos-related disease should seek out a mesothelioma lawyer for compensation. The first step to file mesothelioma lawsuits is to gather details and documents. This process, also known as discovery, can last several months. During this period, the legal team will conduct interviews with workers who have been exposed to asbestos. They will also speak with family members, abatement employees, or even suppliers who were involved with the victim. This will allow them to build a database of potential defendants. Once they have this information attorneys can begin the process of connecting employers, products, vendors and other elements to the individual's risk. A lawsuit must prove that the plaintiff's mesothelioma is due to exposure to asbestos-containing products or products. It must also show that the defendant knew about the dangers of the product but did not warn its customers and workers. The lawyers will make use of the Restatement of Torts to prove this. It states that any person who sells a product “in an environment that is unreasonably hazardous to the user or the consumer” could be held accountable for damages. In addition to the Restatement, asbestos cases are governed by other laws, both state and federal and case law. For instance the law says that plaintiffs must prove that they were exposed to asbestos in a particular manner, for example, being on a certain job site or using a specific product. This kind of evidence must be presented to a jury in order to be able to reach a verdict. According to an Rand report from 2005, asbestos lawsuits have increased. The report suggests that this is due to a variety of factors, including the bankruptcy of companies facing asbestos lawsuits forcing the remaining firms to take on more responsibility, leading to more cases and lawyers filing as many cases as they can to be included on bankruptcy creditor lists.