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Asbestos Litigation Asbestos litigation is often complex and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be costly and time-consuming. The statute of limitations differs according to the state. Lawyers for mesothelioma need to establish that the victim was exposed to asbestos and was diagnosed with a disease related to asbestos, such as lung cancer, mesothelioma or a different disease. They also have to prove the damages resulting from that exposure. Asbestos Litigation History The first asbestos-related lawsuits hit the US legal system in the early 20th century. Researchers had already determined in the 1960s that asbestos exposure could cause mesothelioma and asbestosis, in addition to other serious diseases. Companies that mined asbestos and manufactured asbestos were slow to respond. Generally, the law obliges those who develop a dangerous product to warn consumers. In the early decades of litigation the families of victims struggled to get the compensation they deserved. Plaintiffs often had to fight asbestos manufacturers and insurance companies in order to receive compensation. Many of the major asbestos companies were able escape lawsuits by declaring bankruptcy. People who survived bankruptcy were forced to fund special trusts which would pay compensation to victims for pennies per dollar. This reduced the number plaintiffs, and reduced the amount of damages that victims could receive in court. Over the years lawyers have been able prove that many asbestos manufacturers knew of the dangers of their products. Some manufacturers even attempted to hide this information from the public. These cases have uncovered evidence of companies willing to sacrifice profits in favor of public safety. In 1969 the attorney Ward Stephenson filed the first asbestos product liability suit in the US on behalf of Claude Tomplait. Tomplait was a captain of a ship and worked in oil refineries near the border between Texas and Louisiana. He eventually developed mesothelioma and was awarded an amount of money by the Fifth Circuit U.S. Court of Appeals. While every mesothelioma case is distinct, there are certain factors that all claimants must establish to win mesothelioma lawsuits. The plaintiff must generally prove that they were exposed, that they have been diagnosed with an asbestos-related disease and that their illness was caused by asbestos exposure. They must also show the magnitude of their losses. Asbestos victims must submit a mesothelioma or another asbestos claim within the statute of limitations in their state. The statute of limitations for mesothelioma varies from one state to another, however, it's usually between one and three years. To ensure that you don't miss the deadline, asbestos patients and their families must consult a mesothelioma attorney as soon as they can. Mesothelioma litigation history Asbestos litigation involves the victims and their families seeking compensation for medical expenses, lost wages, and pain and suffering. Financial compensation could help those who suffer from asbestos diseases pay for life-extending treatment and help their families when they are unable to work. It can also assist the families of victims to avoid bankruptcy. It is essential for anyone diagnosed with an asbestos-related illness to start a lawsuit as soon as they can. This is because many states have a strict statute of limitations or time limits which determine how long a person has to make an asbestos lawsuit following diagnosis. In the late 1960s, many asbestos victims were unaware they could get sick after exposure to asbestos. Researchers did know, however, that exposure to asbestos was associated with lung ailments and lung damage. The asbestos industry, however, hid this information to employees and the general public to make it easier to reap the benefits of asbestos products. Nellie Kershaw, a 33 year old woman from England, filed her first lawsuit against asbestos-related companies in the early 1920s. Kershaw worked in a factory which made asbestos fibers into yarn in Rochdale, England. She was in constant contact with asbestos and was diagnosed with respiratory problems. She tried to convince her employer to cover her treatment, but they would not. She died of fibrosis of the lungs that her death certificate linked to asbestos exposure. Following this, companies were accused of concealing asbestos-related risks and failing inform workers about the dangers. Insurers and manufacturers tried to evade responsibility by arguing that only certain levels of exposure were hazardous, but studies have shown that there is no safe level of asbestos exposure for individuals. These arguments have not been able to fool the courts. Insurers have had to establish trust funds to compensate those who have suffered the loss of their lives by asbestos. Asbestos litigation is the longest-running mass tort of all time. People with mesothelioma and other asbestos-related diseases should file a suit against the companies that exposed them to the illness as soon as is possible. A mesothelioma lawyer can help victims determine the amount of compensation they could receive if their lawsuit is successful. Asbestos Litigation Today Asbestos litigation is a massive issue in the present. It has impacted entire industries, forcing them to make bankruptcy filings and establish trust funds to compensate victims. Many workers have been diagnosed with asbestos-related diseases. 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 declines and they struggle to pay their bills. Albany asbestos lawyers of lawsuits against asbestos defendants of major importance continues to rise. Some attorneys fear that trial docket pressures are forcing judges to take actions that speed up trials and lead to less fair results, such as consolidating cases and reducing the amount of time for discovery. Some defendants have begun to argue that they are being unfairly targeted by plaintiffs. They argue that a number of the same firms were involved in asbestos litigation for decades and that dozens have been bankrupted. They argue that their assets have been stripped and that the amount of money awarded in claims does not adequately compensate victims. They are worried about the rapid rise in lawsuits and are trying to figure out ways to control it. They argue that the cost of litigation is degrading their profit and that the awards awarded by juries are far higher than they can pay in settlements. Mesothelioma claims are continuing to rise as more and more victims are diagnosed with the fatal disease. Some companies are refusing to settle. In addition the corruption charges against the former New York Assembly Speaker Sheldon Silver are shining a spotlight on the shady connections between asbestos lawyers and politicians. The scandal has led to calls for a change in the manner in which New York City's asbestos court handles cases. A mesothelioma-related verdict or settlement could aid the families of victims receive compensation for losses like medical bills, property loss and emotional distress, loss of wages and the loss of loved ones. A successful case can also award punitive damages to the defendant in order to discourage others from engaging in similar wrongdoing. Real Estate Litigation When asbestos fibers are inhaled they enter the lungs and abdomen via the lymphatic system. They can cause mesothelioma as well as other diseases. This asbestos-related cancer affects the lining of the lungs and chest cavity, or the peritoneum. For compensation, people who have suffered from mesothelioma as well as other asbestos-related diseases should consult an attorney for mesothelioma. The first step in filing mesothelioma claims is to gather information and documents. This process, referred to as discovery, may take several months. During this time, the legal team will interview those who were exposed to asbestos. They will also speak with family members, abatement employees, or even suppliers who worked with the person who was injured. This will enable them to create a database of potential defendants. Once they have this information attorneys can begin the process of linking employers, products, vendors and other elements to the individual's risk. A lawsuit must show that the plaintiff's mesothelioma is caused by exposure to an asbestos-containing item or products. It must also be proven that the defendant was aware of the dangers associated with the product, but failed to warn consumers and workers. To prove this, lawyers will rely on the Restatement of Torts, which states that anyone who sells a product “in a dangerous condition unreasonably dangerous to the user or consumer” is liable for damages. Asbestos cases are also governed by federal and state laws, as well as cases. For instance, the law states that plaintiffs must demonstrate that they were exposed to asbestos in a certain way, like being on a certain job site or using a specific product. This kind of evidence has to be presented to a jury to win the verdict. According to an Rand report from 2005, asbestos lawsuits have increased. The report suggests that this is due to a variety of factors, such as bankruptcy of asbestos-related companies forcing the remaining firms to accept greater liability and resulting in more cases and lawyers filing as many cases as they can in order to be included on the bankruptcy creditor lists.