What is Asbestos Litigation?
Each asbestos lawsuit is unique and the procedure will differ depending on the type. A plaintiff must usually prove that exposure to asbestos caused their illness and show evidence of damages.
Compensation can help victims pay for life-extending mesothelioma treatments and help their families. A top mesothelioma lawyer can determine if a victim is qualified to file a asbestos lawsuit.
The History of Asbestos Litigation
As opposed to other countries where there are central compensation systems for asbestos-related victims, the majority of American asbestos victims have required litigation to get the financial assistance they need. In the early 1980s, a wave of lawsuits against asbestos producers started. The lawsuits were fueled by evidence that asbestos-related products could be dangerous and did not inform workers of the risks.
Claude Tomplait, an insulation worker was the first asbestos case in the United States to be tried. Ward Stephenson, his lawyer has named 11 companies and manufacturers that made asbestos insulation as defendants in the 1969 lawsuit.
When this first lawsuit was filed medical researchers were just beginning to recognize the link between exposure to asbestos and diseases like mesothelioma. The asbestos industry's lobbyists however were determined to keep these findings secret. In the mid-1970s, despite lobbyists' best efforts of the link between asbestos and asbestosis was widely reported in national publications like The New York Times.
As time went by numerous companies that mined or produced asbestos failed due to the numerous asbestos lawsuits they faced. Some of these companies even admitted to knowing about asbestos's dangers but did not warn their employees or customers. This fact, along with a growing understanding of the link between exposure to asbestos and mesothelioma, led to a legal firestorm that continues to the present day.
While every asbestos lawsuit is different, the basics remain the same. In order to have a successful mesothelioma lawsuit the plaintiff must demonstrate that they were exposed to asbestos and are suffering from an asbestos-related disease and that their condition is directly attributed to exposure to asbestos. The victim must also show that their injuries resulted in a loss in quality of life, such as diminished wages or pain and discomfort and other damages.
The plaintiff must also be willing and able to participate actively in the legal process. This involves responding to requests for discovery, attending a deposition and providing documents such as medical bills and employment records. In addition the victim should be able to provide specifics of their asbestos exposure including the time and place they were exposed to asbestos.
Mesothelioma Cases
Asbestos victims require the best legal representation. A reputable law firm has the resources to conduct an investigation into asbestos companies and pinpoint where the exposure occurred for each mesothelioma case.
Attorneys can bring a lawsuit against responsible parties to recover the medical expenses, lost wages and other losses of asbestos victims. They can also demand punitive damages in the event that the defendants are found to have acted fraudulently or with intent.
Compensation for asbestos victims also include the wrongful-death award, which are given to the victim's family after they lose a loved one to mesothelioma, or other asbestos-related illnesses. Attorneys are able to file mesothelioma suit for individuals from all over the world.
Multiple entities, such as employers, insurance companies, product manufacturers, and others, can be sued for asbestos exposure. The lawsuits can be filed as individual claims or as group actions and can be filed either at the federal or state level.
In 2005, Congress considered but did not pass legislation to establish an $140 billion trust fund to cover asbestos litigation. However the legislation was not backed by either the victims or the corporations and the bill would have proactively taken funds that were held in reserve by asbestos manufacturers, bankruptcy trusts and insurance companies.
The mesothelioma lawsuit settlements as well as verdicts have surpassed records in 2021, and lawyers anticipate that these numbers will continue to rise throughout the rest of the year. These settlements and jury verdicts are the result of asbestos sufferers' persistent legal representation.
Legal representatives representing asbestos victims have secured more than $100 million in settlements and trial verdicts. Asbestos attorneys have represented people affected by asbestosis, mesothelioma and other asbestos-related illnesses across all states in the United States and abroad.
In the majority of cases asbestos lawyers will review the victim's mesothelioma diagnosis and their work history to determine if and when they were exposed to asbestos. It is essential that victims keep the extent of their asbestos exposure as is possible so that their lawyer can investigate the claim. To assist in the review process, it is helpful for victims of asbestos exposure to compile a list.
Mesothelioma Lawsuits
Those who have been diagnosed with asbestos-related illnesses might be qualified for compensation. The compensation offered by a mesothelioma lawsuit could help victims, their families, and others pay for medical costs funeral expenses, other expenses. It can also help victims cope with financial difficulties due to mesothelioma treatment and loss of income. The best method to determine whether you are eligible for mesothelioma compensation is to contact an experienced asbestos attorney.
A mesothelioma lawyer will review your case in order to determine who is responsible for exposing asbestos to you. Your former employer or the manufacturer of asbestos-related products may be defendants. A lawsuit could name a number of defendants with the intention of settling. If a settlement is not reached, the case will go to trial.
El Paso asbestos attorney can take a number of years between exposure to asbestos and diagnosis of mesothelioma, or a related disease. This makes it difficult for mesothelioma patients to prove that their condition was a result of asbestos exposure and not the result of other factors. A mesothelioma lawyer with experience has numerous resources to gather evidence and make an argument that is convincing.
It is sometimes difficult to determine the defendants in a mesothelioma lawsuit because a lot of companies responsible for asbestos-related illnesses are no longer in existence. Some have been bankrupted and reorganized while others have set up up trust funds to compensate asbestos victims. A mesothelioma lawyer may help victims obtain compensation from the trust fund.
The majority of mesothelioma lawsuits are filed in federal courts or state courts that have expertise in asbestos cases. The laws regarding asbestos differ from state to state. A mesothelioma attorney who is knowledgeable will be able to recognize the specifics of each state and recommend the most appropriate venue for your case.
It is essential to submit your mesothelioma claim as soon as you can. There are narrow statutes of limitation that restrict the time you have to file a claim following your diagnosis. An experienced mesothelioma law firm will ensure that your claim is filed before the time limit expires. They will also suggest other avenues to get compensation for mesothelioma.
Mesothelioma Settlements
Since many of the asbestos companies went bankrupt decades ago, most mesothelioma lawsuits are settled out of the court. Compensation is determined according to the nature and location of the exposure, as along with the patient's medical condition. Mesothelioma lawyers will draw on their experience to ensure that victims receive full compensation.
Asbestos victims must seek legal assistance immediately as limitations on liability vary from state to state and are often difficult to comprehend. A mesothelioma lawyer will be able determine the right jurisdiction and identify the companies which are responsible. A national law firm is more able to determine how asbestos was used and distributed across the country.
If a victim is able to prove their asbestos exposure an attorney will make a claim on the victim's behalf. A mesothelioma attorney will review the documentation and collect any additional evidence that is needed. The process of gathering this evidence is called discovery. During discovery, mesothelioma lawyers can question company representatives and obtain more details regarding asbestos exposure.
The aim of mesothelioma suits is to hold asbestos producers accountable for their wrongful actions and to ensure compensation for the victims and their families. The defendants in mesothelioma cases knowingly put the health and safety of their workers at risk. They ignored asbestos experts' warnings for years and continued to use the hazardous material in their products.
In mesothelioma lawsuits it is often discovered that asbestos producers did not adequately warn their employees and consumers about the dangers of asbestos. As a result of this many people have been exposed to harmful fibers. They were later diagnosed with mesothelioma and other asbestos-related illnesses.
If a mesothelioma sufferer dies before the case is settled, their estate may file a claim for compensation. The family of the victim is compensated for their lost income, funeral expenses, and suffering through the wrongful death award.
Due to the lengthy mesothelioma litigation timeline, it is vital for asbestos sufferers to seek legal representation as soon as they can. A skilled mesothelioma attorney can help the family of the victim in filing a lawsuit as well as maximizing the settlement amount.