What is Asbestos Litigation?
Each asbestos lawsuit is unique and the process differs according to the type of claim being filed. A plaintiff must usually prove that asbestos exposure caused their illness and show evidence of damages.
Compensation can help victims pay for life-extending mesothelioma treatments and provide support to their families. A top mesothelioma law firm will determine if a patient is qualified to file a lawsuit against asbestos.
The History of Asbestos Litigation
Unlike some other countries where there are central compensation systems for asbestos victims, many American asbestos victims have had to resort to lawsuits to receive the financial aid they need. In the early 1980s, a major wave of litigation against asbestos manufacturers began. The lawsuits were fueled by evidence that these companies knew asbestos products could be hazardous and did not inform 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 manufacturers and other products as defendants in a suit filed in 1969.
When the first lawsuit was filed medical researchers were only beginning to recognize the link between exposure to asbestos and illness such as mesothelioma. However, asbestos industry lobbyists were determined to prevent these findings from becoming known to the public. In the mid-1970s, despite lobbyists' best efforts, news of the connection between asbestos and asbestosis was widely reported in national publications such as The New York Times.
As time went on many companies who mined or produced asbestos filed for bankruptcy because of the apex of asbestos lawsuits. Some of these companies admitted to being aware of asbestos's dangers however, they failed to warn their employees or customers. This fact, combined with the growing awareness of the connection between mesothelioma and asbestos exposure has caused a legal fire that continues today.
While each asbestos lawsuit is unique, the basics remain the same. In order to be able to make a successful mesothelioma lawsuit, the plaintiff must prove that they were exposed to asbestos, that they are suffering from an asbestos related disease and that their condition is directly caused by this exposure. The victim must also show that their injuries caused a decrease in the quality of life such as diminished wages as well as pain and discomfort and other damages.
The plaintiff must also be willing and able to participate fully in the legal process. This includes responding to discovery requests and taking part in a deposition as well as providing documents like medical bills and employment documents. In addition the victim must be able provide evidence about their asbestos exposure, including where and when they were exposed to asbestos.
Mesothelioma Cases
Asbestos sufferers must have access to the best legal representation. An experienced law firm has the resources to investigate asbestos companies and pinpoint where the exposure occurred for each mesothelioma case.
Attorneys can bring a lawsuit against accountable parties to recover medical expenses, lost wages, and other losses of asbestos victims. They can also demand punitive damages if defendants are found to have acted in a fraudulent manner or with intention.
Asbestos victims also can receive the wrongful death award. They are awarded to the loved ones of the victim after they've lost a beloved person to mesothelioma or another asbestos-related disease. Attorneys can seek mesothelioma lawsuits on behalf of people across all 50 states and around the globe.
Mesothelioma lawsuits may be filed against multiple organizations responsible for asbestos exposure, such as employers as well as product manufacturers and insurance companies. These lawsuits can be filed at the state or federal level as individual claims, or as class actions.
In 2005, Congress considered but did not pass legislation to create a $140 billion trust fund in lieu of asbestos litigation. However the legislation was not backed by corporations or victims and the bill would have proactively taken money held in reserve by bankruptcy trusts, asbestos manufacturers and insurance companies.
Lawyers anticipate that mesothelioma verdicts and settlements will continue to rise throughout the rest of the year. These settlements and verdicts are a result of the persistent asbestos victims and their legal representation.
Asbestos victims' legal representatives have secured more than $100 million in settlements and trial verdicts on behalf of their clients. Asbestos lawyers have represented clients with asbestosis and mesothelioma as well as other asbestos-related illnesses in every state of the United States and overseas.
In most cases, an asbestos lawyer will review a victim's diagnosis of mesothelioma and their work history to determine when and how they were exposed asbestos. It is important for victims to recall their asbestos exposure as vividly as they can, so that their attorney can look into their claims. It is beneficial for victims to make an inventory of their work history and asbestos exposure to help in the review process.
Mesothelioma Lawsuits
People who have been diagnosed with asbestos-related illnesses might be eligible for compensation. Compensation from a mesothelioma case could aid the families of victims and other members of the family pay for medical expenses funeral expenses, other expenses. It could also help victims cope with financial difficulties caused by mesothelioma therapies and loss of income. The best way to determine whether you are eligible for mesothelioma compensation is to speak with an asbestos lawyer who is experienced.
A mesothelioma lawyer will evaluate your case to determine who is responsible for exposure to asbestos. Your former employer or the producer of asbestos-related items could be defendants. A lawsuit will name several defendants with the intention of reaching a settlement. If no settlement can be reached the case will be heard in court.
It can take a number of years between exposure to asbestos and diagnosis of mesothelioma or a similar disease. This makes it difficult for mesothelioma patients to prove that their illness was a result of asbestos exposure and not a result of other causes. asbestos defense litigation will have extensive resources to gather evidence and present an argument that is persuasive.
The defendants in mesothelioma cases can be complicated because many of the companies responsible for asbestos-related diseases are no longer in existence. Certain companies have declared bankruptcy, reorganized or established trust funds for asbestos victims. A mesothelioma lawyer may help victims obtain compensation from the trust fund.
The majority of mesothelioma lawsuits filed in federal courts or state courts that have experience handling asbestos cases. However, the laws impacting asbestos litigation vary from state to state. A mesothelioma lawyer who is knowledgeable will be able to recognize the specifics of each jurisdiction and suggest the best court for your case.
It is crucial to make your mesothelioma claim as soon as possible. You may only have a limited time to file a claim following your diagnosis due to a strict statute of limitations. An experienced mesothelioma law firm will ensure that your claim is filed before the statute of limitations expires. They will also determine whether there are other options to get compensation for mesothelioma.
Settlements for Mesothelioma
Most mesothelioma cases are settled out of court because asbestos-related companies have gone bankrupt in the past. The amount of compensation awarded is typically determined by the type of exposure, where it occurred and the victim's medical status. Mesothelioma lawyers will draw on their expertise to ensure that victims receive full compensation.
Asbestos victims must seek legal assistance immediately as statutes of limitation vary from state-to-state and are often difficult to comprehend. A mesothelioma lawyer who is skilled will be able to determine the proper jurisdiction and determine all liable companies. A national law firm will also be better able to identify how asbestos was used in the country.
An attorney will file a claim for victims if they 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 obtaining this evidence is known as discovery. In discovery, attorneys for mesothelioma may ask representatives from companies questions and get more information regarding the asbestos exposure.
The aim of mesothelioma cases is to hold asbestos companies accountable for their negligent actions and secure compensation for mesothelioma sufferers and their families. The defendants in mesothelioma cases deliberately put the health and safety of their workers at risk. For decades they ignored asbestos experts' warnings and continued to use this hazardous material in their products.
During mesothelioma lawsuits, it is often discovered that asbestos manufacturers did not inform their employees and customers about asbestos's dangers. In the wake of this, thousands of people have been exposed to harmful asbestos fibers. They were then diagnosed with mesothelioma and various asbestos-related diseases.
If a mesothelioma sufferer dies before the case is settled, the estate can make a claim for compensation. These awards are usually awarded to compensate the victim's family for loss of income, funeral expenses, pain and suffering.
It is essential asbestos sufferers get legal representation as quickly as possible, due to the lengthy timeframe for mesothelioma cases. A skilled mesothelioma attorney can help the family of the victim in filing a lawsuit and increasing the amount of settlement.