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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 limitations differ in each state. Mesothelioma lawyers must demonstrate that the victim was exposed to asbestos and diagnosed with an asbestos-related illness like mesothelioma or lung cancer, or another. They must also establish the damages that resulted from the exposure. Asbestos Litigation History In the early 20th century, the earliest asbestos lawsuits were filed in the US. Researchers had already discovered in the 1960s that exposure to asbestos could trigger mesothelioma or asbestosis, as well as other serious diseases. Companies who mined asbestos and made asbestos were slow to respond. In general the law, producers of a hazardous product notify consumers. In the early days of litigation, victims' families and the plaintiffs struggled to get the compensation they deserved. Plaintiffs often had to fight asbestos manufacturers and insurance companies in order to be compensated. Many of the large asbestos companies were able to escape lawsuits by declaring bankruptcy. People who survived bankruptcy were forced into funding special trusts that paid compensation to victims for pennies per dollar. This limited the number of claimants, and decreased the amount of damages victims could be awarded in the court. Over the years, lawyers have been able to show that asbestos producers were aware about the dangers that their products posed. Some even tried to hide this information from the public. These cases have revealed evidence of companies willing to sacrifice profits in favor of public safety. 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 worked on ships and at refineries in Texas along the Louisiana-Texas border. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals granted him an amount of money to settle. While each mesothelioma claim is unique, there are a few elements that all claimants must prove to be successful in mesothelioma lawsuits. Typically, the victim must show they were exposed to asbestos, that they were diagnosed with an asbestos-related illness and that exposure to asbestos was responsible for their condition. In addition, they must show the extent of their losses. Asbestos victims must file a mesothelioma claim or any other asbestos claim before the statute of limitation for their state ends. The statute of limitations for mesothelioma varies 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 quickly as they can in order to not miss the deadline. Mesothelioma Litigation History Asbestos litigation involves victims and their families seeking compensation for medical expenses, lost wages, and pain and suffering. Financial compensation may help people with asbestos diseases pay for life-extending treatment and help their families when they are unable to work. It also helps those affected and their families avoid bankruptcy. Anyone diagnosed with an asbestos related disease must file a lawsuit 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. In the 1960s, most asbestos victims were unaware that they could be ill after exposure to asbestos. However, scientists already recognized a correlation between asbestos exposure and lung diseases and damage. However asbestos industry kept this information from both workers and the general public to make a profit from asbestos products. In the early 1920s, a young woman known as Nellie Kershaw filed the first famous lawsuit against an asbestos company. Kershaw was employed in a plant in Rochdale which made asbestos fibers into yarn. Hoover asbestos lawyers was constantly in contact with the asbestos and suffered respiratory problems due to it. She tried to convince her employer to cover her medical expenses but they did not. She ultimately died from fibrosis of the lungs and her death certificate attributed to asbestos exposure. Following this, further claims were filed against companies accused of hiding asbestos risks and failing to warn workers of the dangers. Manufacturers and insurers attempted to evade responsibility by arguing that only certain levels of exposure were harmful, but research has shown that there is no safe level of asbestos exposure for people. These arguments have not been able to fool the courts. Insurers have been forced to establish trust funds to compensate those who have suffered the loss of their lives by asbestos. Asbestos litigation is among the longest-running mass tort in history. Patients suffering from mesothelioma or other asbestos-related diseases must file a suit against the companies who exposed them to the illness as soon as is possible. A mesothelioma lawyer with experience can estimate the amount of compensation a victim could receive if their claim is successful. Asbestos Litigation Today Asbestos litigation has become a major issue in the current world. It has impacted entire industries, and they have been forced into bankruptcy and create trust funds to compensate the 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 died. Many more are facing medical bills and increasing financial losses as their health declines and they struggle to pay their expenses. Lawsuits against the major asbestos defendants are continuing to rise. Some lawyers worry that pressures on the trial docket are forcing judges to take actions that speed up the trials and lead to less equitable outcomes like consolidated cases and shorter periods of time for discovery. Some defendants have begun to assert that they are being unfairly targeted by plaintiffs. They claim that some of the same companies have been involved with asbestos litigation for years and that dozens of these defendants have become bankrupt. They argue that their assets have been taken away and that the money awarded in settlements does not adequately compensate victims. They are concerned about the rapid growth in lawsuits and are trying to find ways to control it. They claim that the expense of litigation is destroying their profitability and that the awards awarded 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 is increasing. Some companies are refusing to settle. In addition the corruption allegations against the former New York Assembly Speaker Sheldon Silver are shining a spotlight on the shady connections between politicians and asbestos lawyers. The scandal has prompted calls for a change to the way that New York City's asbestos court handles cases. A mesothelioma judgment or settlement can help families and victims receive compensation for losses such as medical expenses, property loss and lost wages emotional distress, as well as the death of a loved. A successful case can 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 illnesses. The asbestos-related cancer affects the lining of the lungs and chest cavity, also known as the peritoneum. For compensation, people who have suffered from mesothelioma as well as other asbestos-related diseases should consult an attorney for mesothelioma. The first step in filing mesothelioma claims is to gather details and documents. This process, known as discovery, can take several months. During this time the legal team will conduct interviews with those who were exposed to asbestos. They will also talk to family members, abatement workers, or suppliers that worked with the person who was injured. This will enable them to create a database of possible defendants. After the attorneys have gathered this information and have it in hand, they can begin the process of linking the person's exposure to companies, products, and even vendors. A lawsuit must show that the plaintiff's mesothelioma was caused by exposure to an asbestos-containing product 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. The lawyers will use Restatement of Torts to prove this. It says that any person who sells a product “in an environment that is dangerous to the user or consumer” could be held accountable for damages. Asbestos cases are also subject to federal and state laws and caselaw. The law, for example stipulates that plaintiffs must to demonstrate that they were exposed to asbestos in certain ways, for example, being on a job site or using certain products. This type 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 claims have increased. The report suggests that this is due to a variety of factors, including bankruptcy of companies facing asbestos lawsuits forcing the remaining firms to accept greater liability which results in more cases, and lawyers completing as many cases as they can in order to be added to creditor lists for bankruptcy.