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Asbestos Litigation Asbestos litigation can be complicated and time-consuming. Multiple defendants are involved in lawsuits. Discovery is costly and time-consuming. Statutes of limitations differ according to the state. Lawyers for mesothelioma must prove that the victim was exposed asbestos and later diagnosed with a condition that is related to asbestos, for example mesothelioma, lung cancer or another disease. They must also prove the damages resulting from this exposure. Asbestos Litigation History The first asbestos lawsuits hit the US legal system in the early 20th century. In the 1960s, researchers had discovered that exposure to asbestos could trigger mesothelioma, asbestosis and other serious illnesses. Companies that mined asbestos and manufactured it were slow to react. Generally, the law requires those who produce an unsafe product to inform consumers. In the beginning of litigation, the families of victims and the plaintiffs struggled to receive the compensation they were entitled to. Plaintiffs often had to battle insurance companies and asbestos manufacturers in order to be compensated. 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 reduced the number of claimants as well as lowered damages that victims could receive in the court. Over time, lawyers have been able to prove that many asbestos producers knew about the dangers their products could pose. Some manufacturers even attempted to hide this information from the public. These instances have revealed that certain businesses were willing to put profits ahead of the safety of the public. Ward Stephenson, an attorney in the US who filed the first asbestos products lawsuit in 1969 on behalf of Claude Tomplait. Tomplait was a ship captain and worked at refineries for oil near the border between Louisiana and Texas. He was diagnosed with mesothelioma. the Fifth Circuit U.S. Court of Appeals granted him a settlement. Although every mesothelioma claim is different however, all claimants must prove certain elements to be successful in a lawsuit. The victim must typically prove that they were exposed to asbestos, 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 submit a mesothelioma lawsuit or any other asbestos claim prior to the time that the statute of limitations for their state expires. The time limit for filing a claim for mesothelioma varies from state to state but usually ranges between one and three years. Asbestos victims and their families must consult with a knowledgeable mesothelioma lawyer as quickly as they can to avoid missing the deadline. Mesothelioma Litigation The History Asbestos litigation is a legal process brought by victims and their families in order to collect compensation for medical expenses as well as lost wages and pain and suffering. Financial compensation may help people suffering from asbestos-related diseases pay for life-extending treatment and help their families when they are unable work. It can also assist victims and their families to avoid bankruptcy. It is crucial for anyone who is diagnosed with an asbestos-related condition to start a lawsuit as soon as possible. A lot of states have strict statutes of limitations or time limits which limit the amount of time someone 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 exposure to asbestos. Yet, researchers knew that there was an association between exposure to asbestos and lung damage and diseases. The asbestos industry, however, kept this information from employees and the general public to make it easier to make money from asbestos-related products. Nellie Kershaw, a 33-year old woman from England, filed the first lawsuit against asbestos-related companies in the early 1920s. Kershaw worked at a factory in Rochdale which spun asbestos fibers into yarn. She was in constant contact with asbestos and developed respiratory problems. She tried to convince her employer to cover her treatment but they did not. She died of fibrosis of the lungs and her death certificate linked to exposure to asbestos. Following this, further claims were filed against companies for hiding asbestos risks and not informing workers of the dangers. Manufacturers and insurers tried to dodge responsibility by arguing that only certain levels of exposure were harmful, but research has demonstrated that there is no safe level of asbestos exposure for individuals. These arguments have not been able to fool the courts. Insurance companies have been required to create trust funds to compensate people who lost their lives due to asbestos. Asbestos litigation is the longest-running mass tort in history. Patients suffering from mesothelioma or any other asbestos-related diseases should make a claim against the companies who exposed them to the disease as soon as is possible. A mesothelioma lawyer with experience can estimate the amount of compensation a victim might receive if their claim is successful. Asbestos Litigation Today Asbestos litigation has become a major problem in the present day. It has impacted a variety of industries that were forced to make bankruptcy filings and set up trust funds to compensate victims. It also affects many individual employees who have been diagnosed with an asbestos-related disease. Thousands of people have suffered fatalities as a result of exposure to asbestos, a dangerous substance. Many more are facing medical bills and mounting financial burdens as their health deteriorates and they have to pay for their medical expenses. The number of asbestos lawsuits filed against the main asbestos defendants continue to rise. Some lawyers are worried that the pressure of trial dockets is forcing judges to take actions which speed up trials and may result in less equitable outcomes. For instance, consolidating cases or shorter times for discovery. Some defendants are now claiming that plaintiffs are unfairly targeting them unfairly. They point out that many of the same companies were involved in asbestos litigation over years and that many have gone bankrupt. They claim that their assets were sacked and that the funds paid out for claims was not enough to compensate victims. The defendants are also concerned because the number of lawsuits increasing rapidly and they are trying to find ways to handle them. They argue that the costs of litigation are reducing their earnings and that juries awards are higher than what they can pay in settlements. Mesothelioma claims continue to increase as more patients are diagnosed with the fatal disease. Some companies are refusing to settle. The corruption charges brought against Sheldon Silver, former New York Assembly Speaker and former New York Assembly Speaker, also shed spotlight on the shady connections between asbestos attorneys and politicians. North Charleston asbestos lawsuit has prompted calls for a change to the way New York City’s asbestos court handles cases. A successful mesothelioma verdict or settlement may aid victims and their families get compensation for losses, such as medical bills, property loss, emotional distress, lost wages and the loss of a loved one. A successful case could also award punitive damage to punish the defendant or prevent others from doing the same wrongdoing. Real Estate Litigation Asbestos fibers enter the lungs via the lymphatic system when they are inhaled. They may eventually cause mesothelioma as well as other diseases. The asbestos-related cancer affects the peritoneum which is the lining that surrounds the chest cavity and lungs. People who have suffered mesothelioma or another asbestos-related illness should consult a seasoned mesothelioma attorney to obtain compensation. The first step to file a mesothelioma lawsuit is gathering documents and information. This process could take several months. During this period the legal team will conduct interviews with employees who were exposed asbestos. They may also speak to family members, abatement employees, or even suppliers who worked with the person who was injured. This will help them create a database of potential defendants. Once the information is gathered attorneys can begin the process of linking employers, products, vendors and other factors to the person's exposure. A lawsuit must prove that mesothelioma in the plaintiff is a result of the exposure to asbestos-containing products or products. It is also necessary to prove that the defendant knew about the dangers of the product but failed to warn its consumers and employees. The lawyers will make use of the Restatement of Torts to prove this. It says that any person who sells an item “in an environment that is unreasonably hazardous to the user or the consumer” can be held liable for damages. In addition to the Restatement, asbestos cases are governed by other state and federal laws as well as case law. The law, for instance stipulates that plaintiffs must to demonstrate that they were exposed to asbestos in a particular way, like being on a work site or using certain products. This kind of evidence must be presented to a jury in order to get an award. According to a Rand report from 2005, asbestos claims have increased. The report suggests that this is due to a variety of factors, including: the bankruptcy of companies facing asbestos litigation forcing remaining firms to take on more liability and resulting in more lawsuits lawyers attempting to file as many cases as they can in order to be included on the companies' bankruptcy creditor lists.