What is Asbestos Litigation?
Each asbestos lawsuit is unique and the process will differ depending on the type. A plaintiff must usually prove that asbestos exposure caused their disease and prove damages.
Compensation can help victims pay for life-extending treatments for mesothelioma and help their families. A top mesothelioma lawyer can determine if a patient is qualified to file a asbestos lawsuit.
The History of Asbestos Litigation
In the United States, in contrast to other countries that have central compensation programs for asbestos victims to aid them in getting the financial aid they need many asbestos victims are forced to sue to obtain the financial assistance they require. In the early 1980s, a massive wave of litigation against asbestos producers began. These lawsuits were fuelled by evidence that these companies were aware that their asbestos products could be dangerous and failed to warn their workers of those risks.
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 the year 1969.
When the first lawsuit was filed medical researchers were just beginning to discover links between asbestos exposure and illness such as mesothelioma. However, asbestos industry lobbyists were determined to stop these findings from becoming known to the public. Despite their best efforts in the late 1970s asbestos-asbestosis link was widely reported in national publications like The New York Times, that were focusing on the link to illnesses such as asbestosis and mesothelioma.
As time went on, dozens and dozens of companies that mined or manufactured asbestos filed bankruptcy due to the overwhelming number asbestos lawsuits. Certain companies acknowledged that they knew about asbestos's dangers but did not warn their employees and customers. This fact, combined with the growing awareness of the connection between mesothelioma and asbestos exposure has resulted in a legal battle that continues today.
While every asbestos lawsuit is different, the basics remain the same. To be able to file 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 the exposure. The plaintiff must also demonstrate that their injuries resulted in a loss in quality of life such as reduced wages or pain and discomfort and other losses.
The plaintiff must be able and willing to participate fully in the legal process. This involves responding to requests for discovery or depositions, as well as providing documents such as medical bills and employment documents. Additionally the victim should be able to provide details of their asbestos exposure, including the time and place they were exposed to asbestos.
Mesothelioma Cases
Asbestos victims need access to the best legal representation. A reputable law firm will have the resources to conduct an investigation into asbestos companies and determine where exposure occurred for each mesothelioma case.
Attorneys may file a suit to hold the parties responsible accountable for asbestos victims' medical expenses, lost wages, and other losses. If the defendants have been identified as being fraudulent or malicious, they can also seek punitive damages.
Compensation for asbestos-related victims also includes the wrongful-death award, which are given to the family members of the victim following they lose a loved one to mesothelioma or other asbestos-related diseases. Attorneys can seek mesothelioma lawsuits on behalf of individuals in all 50 states and around the globe.
Mesothelioma lawsuits may be filed against multiple organizations responsible for asbestos exposure, including employers as well as product manufacturers and insurance companies. These lawsuits may be brought at the federal or state level as individual claims, or as class actions.
In how asbestos litigation take , Congress considered but did not pass legislation to create the trust fund of $140 billion in lieu of asbestos litigation. The legislation was not well supported by corporations or victims. It would have taken money held by bankruptcy trusts and asbestos manufacturers as well as insurance companies.
Lawyers expect that the mesothelioma settlements and verdicts will continue to rise throughout the remainder of the year. The settlements and verdicts are the result of asbestos patients having a persistent legal representation.
Legal representatives representing asbestos victims have recovered more than $100 million in settlements or trial verdicts. Asbestos lawyers have represented clients suffering from mesothelioma and asbestosis, and other asbestos-related diseases, in every state of the United States and overseas.
In most cases, an asbestos lawyer will look over the diagnosis of a mesothelioma sufferer and their work history in order to determine when and how they were exposed asbestos. It is important that patients remember the extent of their asbestos exposure as is possible, so their attorney can examine the claim. To help with the review process, it is helpful for victims of asbestos exposure to compile a list.
Mesothelioma Lawsuits
Patients diagnosed with asbestos-related disease have legal options to seek compensation. Compensation from a mesothelioma lawsuit could aid families and victims pay funeral costs, medical bills and other costs. It may also help victims to overcome financial difficulties caused by mesothelioma treatments and loss of income. The best way to determine whether you are eligible for mesothelioma compensation is to speak with an experienced asbestos lawyer.
A mesothelioma lawyer will review your case to determine who is responsible for exposure to asbestos. Your former employer or the manufacturer of asbestos-related products could be defendants. A lawsuit could name a number of defendants in the hope of reaching a settlement. If a settlement is not reached, the case will go to trial.
Several years often are between exposure to asbestos and diagnosis of mesothelioma or another related illness. This makes it difficult for patients to prove that their illness was caused by exposure to asbestos and is not the result of other factors. A mesothelioma attorney with extensive resources can gather evidence and make an argument that is convincing.
It is sometimes difficult to determine the defendants in a mesothelioma lawsuit because many companies that were responsible for asbestos-related diseases have ceased to exist. Some companies have gone bankrupt, reorganized or established trust funds for asbestos victims. A mesothelioma lawyer can assist victims seek compensation from the trust fund.
The majority of mesothelioma cases are filed in federal courts or state courts that have experience in asbestos cases. Asbestos laws vary between states. A mesothelioma attorney who is knowledgeable will be able to recognize the specifics of every jurisdiction and recommend the best venue for your case.
It is essential to make your mesothelioma claim as soon as you are able to. You may have a limited time to file a claim after the diagnosis due to a narrow time limit. A mesothelioma lawyer will be sure that your claim is filed prior to the statute of limitation expiring. They will also determine other ways that you can be compensated for your mesothelioma.
Mesothelioma Settlements
Most mesothelioma cases settle out of court because asbestos-related companies have been into bankruptcy throughout the years. The amount of compensation awarded is typically based on the type of exposure, where it occurred and the patient's current medical status. Mesothelioma lawyers will utilize their expertise to ensure the victims receive a full and fair settlement.
Asbestos victims should seek legal assistance immediately as statutes of limitation differ from state to state and are often difficult to comprehend. A mesothelioma lawyer is able to determine the appropriate jurisdiction and identify the businesses that are liable. A national law firm will be better able to identify the use of asbestos in the country.
An attorney will submit a claim for victims if they provide evidence of their asbestos exposure. An attorney for mesothelioma will review the documentation and collect any additional evidence needed. Discovery is the process of obtaining this evidence. During discovery, mesothelioma lawyers are able to question representatives of companies and seek more information regarding asbestos exposure.
The aim of mesothelioma suits is to hold asbestos manufacturers accountable for their wrongful actions and to secure compensation for the victims and their families. The defendants in mesothelioma cases deliberately 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.
During mesothelioma cases it is often discovered that companies involved in the production of asbestos did not warn their employees or consumers about the dangers. As a result, thousands of people were exposed harmful fibers and diagnosed with mesothelioma or other asbestos-related diseases.
If a mesothelioma patient passes away before their case is settled, the estate can pursue a wrongful death claim to recover compensation. The family of the victim receives compensation for their loss of income, funeral costs as well as suffering and pain through the wrongful death award.
It is crucial that asbestos victims get legal representation as quickly as they can, due to the long timeline for mesothelioma cases. A mesothelioma lawyer can help the victim's family file a lawsuit, and increase the amount of settlement.