What is Asbestos Litigation?
Each asbestos lawsuit is distinct and the procedure varies according to the type of claim filed. A plaintiff must generally prove that exposure to asbestos caused their illness and provide evidence of damages.
Compensation can help victims pay for mesothelioma treatments that last a lifetime and provide support to their families. A reputable mesothelioma lawyer will determine if the victim is able to pursue asbestos-related claims.
The History of Asbestos Litigation
In the United States, in contrast to other countries that have central compensation programs for asbestos-related victims to aid them in getting the financial aid they need many asbestos victims are forced to sue for the financial aid they require. In the early 1980s, a major lawsuit against asbestos manufacturers commenced. The lawsuits were fueled by evidence suggesting that asbestos products could be dangerous and did not inform workers of the dangers.
The first asbestos lawsuit to go 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 lawsuit filed in 1969.
When the first lawsuit was filed medical researchers were only beginning to identify links between asbestos exposure and illnesses like mesothelioma. However, the asbestos industry's lobbyists were determined to prevent these findings from becoming known to the public. In the mid-1970s, despite lobbyists best efforts, news of the link between asbestos and asbestosis was widely covered in national newspapers such as The New York Times.
As the years passed, dozens of companies that mined or produced asbestos failed due to the numerous asbestos lawsuits they had to face. Some of these companies admitted that they knew about asbestos' dangers, but failed to warn their employees and customers. This, along with the increasing awareness of the link between asbestos exposure and mesothelioma has caused a legal fire that continues today.
While each asbestos lawsuit is unique however the fundamentals remain the same. In order to have a successful claim for mesothelioma the plaintiff must prove that they were exposed to asbestos, that they are suffering from an asbestos-related illness and that their condition is directly caused by exposure to asbestos. 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 be able and willing to participate fully in the legal process. This includes responding to requests for discovery and attending a deposition and also providing documents such as medical bills and employment records. The victim must also provide details about their asbestos exposure, such as where and when it occurred.
Mesothelioma Cases
Asbestos victims must have access to the best legal representation. A reputable law firm has the resources to investigate asbestos companies and pinpoint the source of exposure in each mesothelioma situation.
Attorneys may file a suit to hold the accountable parties accountable for asbestos victims' medical expenses, lost wages and other losses. If the defendants have been identified as being fraudulent or malicious, they may also seek punitive damages.
Compensation for asbestos victims also includes the wrongful-death award that are awarded to the victim's family after they lose a loved one due to mesothelioma or other asbestos-related diseases. Attorneys can pursue mesothelioma lawsuits on behalf of people across all 50 states and across the world.
Multiple entities, such as employers or insurance companies, product manufacturers, and others, can be sued for asbestos exposure. The lawsuits can be filed as individual claims or as class actions, and they could be filed at the federal or state level.
In 2005, Congress considered but did not pass legislation to create the trust fund of $140 billion in lieu of asbestos litigation. However, the legislation was not backed by victims or corporations and the bill would have taken money held in reserve by asbestos manufacturers, bankruptcy trusts and insurance companies.
Settlements and verdicts have reached record levels in 2021. Lawyers believe that the amount will rise significantly over the rest of the year. The settlements and verdicts are the result of asbestos patients having a persistent legal representation.
Asbestos victims' legal representatives have recovered more than $100 million in settlements and trial verdicts on behalf of their clients. Asbestos attorneys have represented people affected by asbestosis, mesothelioma and other asbestos-related diseases in every state in the United States and abroad.
In most cases an asbestos lawyer will look over the diagnosis of a mesothelioma sufferer and their employment history in order to determine the time and manner in which they were exposed to asbestos. It is crucial for those who suffer from asbestos to recall their asbestos exposure as long as they can, so that their attorney can investigate their claims. It is helpful for victims to keep an inventory of their work background and exposure to asbestos to assist in the review process.
Mesothelioma Lawsuits
People who have been diagnosed with asbestos-related diseases might be eligible for compensation. Compensation from a mesothelioma case could aid the families of victims, and others pay for medical costs, funeral expenses, and other expenses. It can also help victims to overcome financial difficulties that mesothelioma treatment can cause and loss of income. The best way to determine whether you are eligible for mesothelioma-related compensation is to consult an asbestos lawyer who is experienced.
A mesothelioma lawyer can 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. In order to settle a case, a lawsuit will name multiple defendants. If a settlement is not reached, the case goes to trial.
It can take a number of years between exposure to asbestos and the diagnosis of mesothelioma or a related illness. This makes it difficult for patients to prove that their illness was caused by exposure to asbestos and not a result of other factors. A knowledgeable mesothelioma lawyer will have vast resources to collect evidence and build an argument that is convincing.
It isn't always easy to determine the defendants in a mesothelioma lawsuit due to the fact that many companies responsible for asbestos-related illnesses have ceased to exist. Some have been bankrupted and restructuring and others have set up trust funds to compensate asbestos victims. An attorney for mesothelioma can assist patients in pursuing compensation from the appropriate trust fund.
The majority of mesothelioma lawsuits are filed in federal courts or state courts that have experience in asbestos cases. However, the laws that govern asbestos litigation differ from state to state. A mesothelioma attorney who is experienced will understand the nuances of every jurisdiction and recommend the best venue for your case.
It is crucial to submit your mesothelioma claim as soon as possible. You may only have a limited time to file a claim following the diagnosis due to a strict statute of limitations. A mesothelioma lawyer will ensure that your claim is filed before the expiration date of the statute of limitations. They will also determine other ways that you can get compensation for mesothelioma.
Settlements for Mesothelioma
Since a number of asbestos companies went under decades ago, most mesothelioma lawsuits end up being settled outside of the court. Compensation awarded is usually dependent on the type of exposure, where it occurred and the patient's current medical condition. Hollywood asbestos lawyers will utilize their experience to ensure that victims receive full compensation.
Asbestos victims should seek legal assistance immediately as the statutes of limitations differ from state to state and are often difficult to comprehend. A mesothelioma lawyer will be able determine the proper jurisdiction and the companies who are accountable. A national law firm is also more capable of determining how asbestos was used and distributed across the country.
If a patient can provide documentation of their exposure to asbestos an attorney will submit a claim on victim's behalf. A mesothelioma lawyer will go through the paperwork, and gather any additional evidence needed. The process of gathering this evidence is known as discovery. During discovery, mesothelioma lawyers can ask company representatives questions and obtain more details regarding asbestos exposure.
The goal of mesothelioma litigation is to hold asbestos companies accountable for their negligence and secure compensation for mesothelioma victims and their families. In mesothelioma lawsuits defendants knowingly put their workers health and safety at risk. For decades they ignored the warnings of asbestos experts and continued to use this dangerous material in their products.
During mesothelioma litigation, it is often discovered that companies involved in the manufacturing of asbestos failed to warn their employees or consumers about its dangers. As a result, thousands of people were exposed to the harmful fibers and later diagnosed with mesothelioma or other asbestos-related diseases.
If a mesothelioma sufferer dies before their case is resolved, the estate can make a claim for wrongful death to recover compensation. Wrongful death awards are typically given to compensate the family of the victim for loss of income funeral expenses and suffering and pain.
It is important that asbestos victims get legal counsel as soon as possible, due the lengthy timeline for mesothelioma cases. A mesothelioma lawyer can assist the family members of the victim to file a lawsuit and increase the amount of settlement.