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Asbestos Litigation Asbestos litigation can be a bit complicated and time consuming. Multiple defendants are involved in lawsuits. Discovery is costly and time-consuming. Statutes of limitations differ by state. Lawyers for mesothelioma need to establish 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 disease. They must also prove the damages resulting from this exposure. Asbestos Litigation History In the early 20th century, the first asbestos lawsuits were filed in the US. By the 1960s, researchers had concluded that exposure to asbestos could cause asbestosis, mesothelioma and other serious diseases. Companies that mined asbestos as well as those who manufactured asbestos were not quick to react. In general, the law obliges those who develop dangerous products to warn consumers. In the beginning of litigation, the families of victims and plaintiffs fought to receive the compensation they deserved. In order to get compensation plaintiffs had to battle insurance companies and asbestos producers. Many of the major asbestos companies were able escape lawsuits by declaring bankruptcy. The bankruptcy survivors were forced to create trusts that would pay out compensation to victims at pennies per dollar. This reduced the number claimants, and also reduced the amount of damages that victims could receive in court. Over the years lawyers have been able to show that many asbestos manufacturers knew of the dangers posed by their products. Some even tried to conceal this knowledge from the public. These cases have uncovered evidence of companies that were willing to place profits ahead of safety for the public. In 1969 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 at oil refineries close to the border between Louisiana and Texas. 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 elements that all claimants must prove to be successful in mesothelioma lawsuits. 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 asbestos exposure. Moreover, they must also show the magnitude of their losses. Asbestos victims must submit a mesothelioma or another asbestos claim within the timeframe of the statute of limitations for their state. The statute of limitations for mesothelioma is different from one state to another, however, it's usually between one and three years. Asbestos victims and their families must consult a mesothelioma lawyer as early as they can in order to not miss the deadline. Mesothelioma Litigation History Asbestos litigation involves the victims and their families who seek compensation for medical expenses, lost wages, and suffering. Financial compensation can help asbestos disease patients pay for treatment that extends their lives and help support their families when they are unable to work. It also assists the families of victims to avoid bankruptcy. Anyone diagnosed with an asbestos-related disease must file a lawsuit as soon as they are able to. Many states have strict statutes of limitation, or time limits which limit the amount of time someone has to file a lawsuit after being diagnosed with asbestos. Before the late 1960s, many asbestos victims did not realize that they had been exposed to asbestos that was dangerous and could cause an illness. Researchers knew, however, that exposure to asbestos was associated with lung diseases and lung damage. However asbestos companies hid this information from the public and workers in order to earn money from asbestos-related products. Bolingbrook asbestos lawsuit , a 33 year old woman from England, filed the first lawsuit against asbestos companies in the early 1920s. Kershaw worked in a factory in Rochdale which spun asbestos fibers to yarn. She was in constant contact with asbestos and developed respiratory issues. She tried to persuade her employer to pay for her treatments but they declined. The death certificate of her was linked to her death to asbestos exposure. She died of fibrosis in the lungs. After this companies were accused of hiding asbestos-related risks and failing to warn workers of the dangers. Insurers and manufacturers attempted to shield themselves from responsibility by claiming only certain levels of exposure to asbestos were harmful. However research has revealed that there is no safe limit for exposure to asbestos. The courts have not been fooled by these arguments. Insurers have had to set up trust funds to compensate those who have suffered the loss of their lives by asbestos. Asbestos litigation is the longest-running mass tort of all time. People with mesothelioma and other asbestos-related illnesses should file a suit against the companies that exposed them to the illness as soon as they can. A mesothelioma lawyer with experience can determine how much compensation a victim could receive if their case is successful. Asbestos Litigation Today Asbestos litigation has become a major issue in the modern world. It has impacted entire industries that were forced to declare bankruptcy and set up trust funds to compensate victims. Many workers have been diagnosed with asbestos-related diseases. Thousands of people have passed away due to exposure to the dangerous substance. As their health declines and they struggle to pay for their medical bills, many more face mounting medical bills and financial losses. Lawsuits against asbestos defendants continue to rise. Some attorneys are concerned that the pressure on trial dockets is forcing judges make decisions that speed up trials and may produce less equitable results. For instance, consolidating cases or shorter timeframes for discovery. Some defendants are now claiming that plaintiffs are unfairly targeting them. They point out that many of the same companies were involved in asbestos litigation for years and that many have gone bankrupt. They claim that their assets were stripped and the money 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 struggling to find ways to handle them. They argue that the costs of litigation are reducing their earnings and that juries awards are more than what they can pay as settlements. As more and more people are diagnosed with this deadly illness the number of claims for mesothelioma continues to increase. In the aftermath, some companies are refusing to settle. The corruption charges 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 changes to the manner in which New York City's asbestos court handles cases. A mesothelioma verdict or settlement can assist families and victims recover compensation for losses, including medical expenses, property loss, lost wage, emotional distress, and death of a loved one. A successful case may also award punitive damages to punish the defendant, or prevent others from doing the same wrongdoing. Real Estate Litigation When asbestos fibers are breathed in, they enter the lungs and abdomen via the lymphatic system. They can cause mesothelioma as well as other diseases. This asbestos-related cancer affects the peritoneum which is the lining that surrounds the chest cavity and lungs. For compensation, patients who have suffered from mesothelioma as well as other asbestos-related diseases should consult a mesothelioma attorney. Documents and information gathering is the first step to filing a mesothelioma lawsuit. This process, known as discovery, may take several months. During this period, the legal team will conduct interviews with people who have been exposed to asbestos. They can also talk to family members, abatement employees, or suppliers who were involved with the victim. This will enable them to create a database of potential defendants. Once attorneys have gathered the information they can begin the process of linking the person'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 item or products. It must also be shown that the defendant was aware of the dangers associated with the product but did not adequately warn consumers and workers. To prove this, lawyers will use the Restatement of Torts, which states that anyone who sells a product “in a dangerous condition unreasonably dangerous to the consumer or user” is responsible for damages. In addition to the Restatement asbestos cases are also controlled by other laws, both state and federal, as well as the law of the case. For example, the law states that plaintiffs must prove that they were exposed to asbestos in a specific way, like being on a certain job site or using a certain product. To be able to win a verdict, this type of evidence has to be presented to the jury. According to an 2005 Rand report that there has been an increase in asbestos claims. The report suggests that this is due to a variety of factors, such as bankruptcy of asbestos-related companies forcing the remaining firms to accept more liability which results in more cases, and lawyers completing as many cases as they can in order to be included on the bankruptcy creditor lists.