What is Asbestos Litigation?
Each asbestos lawsuit is different, and the process will differ depending on the type. A plaintiff must generally prove that asbestos exposure caused their disease and prove damages.
In the event of compensation, victims can pay for life-long mesothelioma treatment and support their families. A top mesothelioma lawyer can determine if a person is qualified to file an asbestos lawsuit.
The History of Asbestos Litigation
In contrast to other countries that have central compensation systems for asbestos-related victims, the majority of American asbestos victims have had to resort to lawsuits to obtain the financial aid they need. In the early 1980s a wave of lawsuits against asbestos attorney producers started. These lawsuits were fueled with evidence that these companies were aware that their asbestos products could be hazardous and failed to warn their workers of the dangers.
The first asbestos case that went to trial in the United States was filed on behalf of insulation worker Claude Tomplait. His lawyer, Ward Stephenson, named 11 asbestos insulation producers and other products as defendants in a suit filed in 1969.
Medical researchers were just beginning to discover links between asbestos exposure and diseases like mesothelioma, for instance, when the first lawsuit was filed. But the asbestos industry’s lobbyists were determined to stop the findings from being made public. Despite lobbyists’ best efforts in the mid-1970s asbestos-asbestosis connection was widespread in national publications like The New York Times, which were reporting on the link to illnesses such as asbestosis and mesothelioma.
As time passed many companies that mined or manufactured asbestos went bankrupt because of the apex number of asbestos lawsuits they had to face. Some of these companies admitted that they knew about the dangers associated with asbestos, but failed to warn their employees and customers. This, coupled with a growing understanding of the link between exposure to mesothelioma and asbestos, led to a legal firestorm that continues to this day.
Although every asbestos lawsuit is unique but the basic tenets remain the same. In order to be successful in claiming for mesothelioma the plaintiff must show that they were exposed to asbestos, that they suffer from an asbestos-related illness and that their condition was directly triggered by the exposure. The victim must be able to prove that their injuries caused a loss of quality of life, for example diminished wages, pain and suffering and other expenses.
The plaintiff must also be willing and able to actively participate in the legal process. This involves responding to requests for discovery as well as attending a deposition and providing documents like medical bills and employment documents. In addition the victim must be able to provide details of their asbestos exposure, including where and when they were exposed to asbestos.
Mesothelioma Cases
Asbestos victims must have access to the best legal representation. A reputable law firm has the resources to investigate asbestos companies and determine where exposure occurred for each mesothelioma case.
Attorneys can file an action against the responsible parties to recover medical expenses, lost wages, and other losses of asbestos victims. If the defendants have been found to be fraudulent or malicious, they can also seek punitive damages.
Asbestos victims also can receive the wrongful death award. These awards are given to the victim’s loved ones after they have lost a loved one to mesothelioma, or another asbestos-related disease. Attorneys can take on mesothelioma lawsuits for the benefit of people across all 50 states and across the globe.
Multiple entities, including employers as well as insurance companies, product manufacturers and many others, could be sued for asbestos exposure. The lawsuits can be filed at the federal or state level as individual claims or as class actions.
In 2005, Congress considered but did not approve legislation to establish the trust fund of $140 billion in lieu of asbestos litigation. However the legislation was not well-supported by victims or corporations and the bill would have proactively taken funds held in reserve by bankruptcy trusts, asbestos manufacturers and insurance companies.
Lawyers expect that the mesothelioma settlements and verdicts will continue to rise throughout the course of the year. The settlements and verdicts are the result of asbestos sufferers who have a constant legal representation.
Legal representatives for asbestos victims have recovered more than $100 million in settlements or verdicts in trials. Asbestos lawyers have represented clients with mesothelioma and asbestosis, as well as other asbestos-related illnesses across every state in the United States and overseas.
In most instances, an asbestos lawyer will examine the mesothelioma diagnosis of the victim and their working history to determine how and when they were exposed to asbestos. It is essential that patients remember as much of their asbestos exposure as is possible so that their lawyer can examine the claim. It is beneficial for victims to create an inventory of their work background and asbestos exposure to aid the review process.
Mesothelioma Lawsuits
Patients diagnosed with asbestos-related illness can pursue legal remedies for compensation. The compensation from a mesothelioma suit could aid victims and their families pay funeral expenses, medical bills and other costs. It may also help victims cope with the financial burdens that mesothelioma treatment can cause and loss of income. The best way to determine eligibility for mesothelioma compensation is to speak with an asbestos lawyer who is experienced.
A mesothelioma lawyer will evaluate your case to determine who was accountable for the exposure you received to asbestos. Your former employer or the producer of asbestos-related products may be defendants. A lawsuit will name several defendants with the intention of reaching a settlement. If a settlement is not reached, the case goes to trial.
It could take a long time between exposure to asbestos and the diagnosis of mesothelioma or a related disease. It is difficult for victims of asbestos-related diseases to prove that their condition was not the result of other causes. A knowledgeable mesothelioma lawyer will have numerous resources to gather evidence and present an argument that is convincing.
It can be difficult to identify plaintiffs in a mesothelioma lawsuit due to the fact that many companies responsible for asbestos-related diseases no longer exist. Some have gone bankrupt and changed their organization while others have set up trust funds to compensate asbestos victims. A mesothelioma lawyer may help victims seek compensation from the trust fund.
Most mesothelioma cases are filed in federal courts or state courts that have experience in asbestos cases. The laws regarding asbestos differ between states. A mesothelioma attorney who is skilled will know the nuances of each jurisdiction and suggest the most appropriate venue for your case.
It is essential to file your mesothelioma claim as soon as possible. There are narrow statutes of limitations that can restrict how long you are able to file a claim following your diagnosis. A mesothelioma lawyer will ensure that your claim is filed before the expiration date of the statute of limitations. They will also determine other avenues to receive compensation for your mesothelioma.
Mesothelioma Settlements
Most mesothelioma cases are settled outside of court due to the fact that asbestos-related companies have gone bankrupt throughout the years. Compensation is awarded according to the type and location of the exposure, as well as the victim’s medical health. Mesothelioma attorneys will use their experience to ensure that victims receive full compensation.
It is important for asbestos victims to seek legal assistance immediately as the statutes of limitations differ according to state and are difficult to understand. A reputable mesothelioma law firm will be able to identify the proper jurisdiction and determine all liable firms. A national law firm is more capable of determining how asbestos was distributed and used across the nation.
An attorney will file a claim for a victim if they can provide evidence of the exposure to asbestos. A mesothelioma lawyer will go through the documents and gather any additional evidence that is required. The process of gathering this evidence is known as discovery. In the course of discovery, mesothelioma lawyers are able to question representatives of companies and get more information about the asbestos exposure.
The purpose of mesothelioma lawsuits is to hold asbestos manufacturers accountable for their negligent actions and secure compensation for mesothelioma victims and their families. The defendants in mesothelioma cases knowingly put the health and safety of their workers at risk. For decades they ignored the warnings of asbestos experts and continued to use this hazardous material in their products.
In mesothelioma lawsuits it is often found that asbestos producers did not inform their employees and customers about asbestos’ dangers. As a result, thousands of people were exposed harmful fibers and diagnosed with mesothelioma or other asbestos-related illnesses.
If a mesothelioma patient passes away before their case is settled, the estate can make a claim for wrongful death for compensation. The family of the victim receives compensation for their loss of income, funeral expenses, and suffering through the wrongful-death award.
Due to the mesothelioma lawsuit timeline, it is vital for asbestos sufferers to seek legal representation as soon as possible. A mesothelioma lawyer can assist the family members of the victim file a lawsuit, and increase the settlement amount.
