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Asbestos Litigation Asbestos litigation is often complex and time-consuming. There are multiple defendants involved in lawsuits and discovery can be costly and time-consuming. statutes of limitations vary by state. Mesothelioma lawyers must prove the victim was exposed to asbestos before being diagnosed with an asbestos-related condition like mesothelioma, lung cancer or another condition. They must also establish the damages resulting from this exposure. Largo asbestos lawyer In the early 20th century, the earliest asbestos lawsuits were filed in the US. In the 1960s, scientists had discovered that exposure to asbestos could cause asbestosis, mesothelioma and other serious diseases. However companies that mined and produced asbestos were slow to respond. The law generally obliges those who develop a dangerous product to warn consumers. In the early decades of litigation the families of victims had to fight for the compensation they deserved. In order to get compensation, plaintiffs had to fight insurance companies and asbestos producers. Many large asbestos companies were able escape lawsuits after declaring bankruptcy. People who survived bankruptcy were forced into funding special trusts which would pay compensation to victims for pennies per dollar. This limited the number of claimants and lowered damages that victims could claim in the court. Over the years, lawyers have been able to prove that asbestos producers were aware about the dangers that their products posed. Some manufacturers even tried to hide this information from the public. These cases have exposed evidence of companies that were willing to put profits ahead of safety for the public. Ward Stephenson, an attorney in the US who filed the first asbestos product lawsuit in the year 1969 on behalf of Claude Tomplait. Tomplait was a captain of a ship and worked in oil refineries close to the border between Texas and Louisiana. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals awarded him an agreement. Although every mesothelioma lawsuit is unique, there are a few elements that all claimants must prove in order to win mesothelioma lawsuits. The victim must typically prove that they were exposed, that they have been diagnosed with an asbestos-related disease and that their condition was caused by the asbestos exposure. Moreover, they must also demonstrate the magnitude of their losses. Asbestos victims must file a mesothelioma or other asbestos claim within the statute of limitations for their state. The time limit for filing a claim for mesothelioma differs from one state to the next but generally ranges between one and three years. Asbestos victims and their families must seek out a knowledgeable mesothelioma lawyer as quickly as they can to avoid missing the deadline. Mesothelioma Litigation History Asbestos litigation involves victims and their families who seek compensation for medical expenses, lost wages and pain and suffering. Financial compensation can help patients suffering from asbestos disease pay for treatment that extends their lives, and also support their families when they are disabled to work. It also assists victims and their families to avoid bankruptcy. It is crucial for anyone diagnosed with an asbestos-related condition to make a claim as quickly as is possible. This is because many states have a strict statute of limitations, or time limits, that set how long the person must file a lawsuit against asbestos after diagnosis. Before the late 1960s, the majority of asbestos victims did not realize that they were exposed to asbestos that was dangerous and could cause an illness. Researchers knew, however, that asbestos exposure was linked to lung illnesses and lung damage. However asbestos companies hid this information from both workers and the general public in order to make money from 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 that spun asbestos fibers into yarn in Rochdale, England. She was constantly in contact with asbestos and suffered respiratory problems due to it. She tried to persuade her employer to cover her medical expenses but they refused. She eventually died from fibrosis of the lungs, which her death certificate attributed to exposure to asbestos. Following this, further claims were filed against companies for concealing asbestos-related risks and not warning workers of the dangers. Manufacturers and insurers tried to dodge responsibility by arguing that only certain levels of exposure are harmful, but research has demonstrated that there is no safe level of asbestos exposure for people. The courts have not been fooled by these arguments. Insurance companies have been required to establish trust funds in order to compensate those who suffered the loss of their lives by asbestos. Asbestos litigation has been the longest-running mass tort of all time. Patients with mesothelioma and any other asbestos-related diseases should bring a lawsuit against the companies who exposed them to the disease as soon as possible. A skilled mesothelioma lawyer will determine the amount of compensation a victim might receive if their case is successful. Asbestos Litigation Today Asbestos litigation is a huge issue today. It has impacted entire industries, and has led to them being forced into bankruptcy and create trust funds to compensate the victims. It also affects a lot of individual workers who have been diagnosed with an asbestos-related disease. Many have died as a result of exposure to the hazardous substance. As their health declines and they struggle to pay for their medical bills, many more are facing mounting medical bills and financial losses. Lawsuits against the major asbestos defendants continue to rise. Some lawyers worry that the pressures on trial dockets are forcing judges to adopt actions that speed up the trials and result in less equitable outcomes like consolidation of cases and shorter lengths of time for discovery. Some defendants have begun to assert that they are being unfairly targeted by plaintiffs. They point out that many of the same firms were involved in asbestos litigation for decades and that dozens have gone bankrupt. They claim that their assets were sacked and that the money they were awarded for claims was not sufficient to compensate victims. They are also concerned about the rapid growth in lawsuits and are looking for ways to control it. They claim that the expense of litigation is affecting their profits and that the verdicts handed out by juries are far higher than what they can afford in settlements. Mesothelioma claims continue to rise as more victims are diagnosed with the fatal disease. In the aftermath, some companies are refusing to settle. Additionally, the corruption charges against the former New York Assembly Speaker Sheldon Silver are shining a light on the shady connections that exist between asbestos lawyers and politicians. The scandal has sparked calls for changes in the way the asbestos court in New York City handles cases. A mesothelioma settlement or verdict can help families and victims receive compensation for losses, including medical expenses, property losses and lost wages emotional distress, as well as the death of a loved one. A successful case may also award punitive damage to the defendant in order to deter others from committing similar wrongdoing. Real Estate Litigation When asbestos fibers are inhaled they are absorbed into the lungs and abdomen via the lymphatic system. They can eventually trigger a variety of diseases, including mesothelioma. This asbestos-related cancer affects the lung's lining as well as the chest cavity, or the peritoneum. Patients who have been diagnosed with mesothelioma or any other asbestos-related disease should seek out a mesothelioma attorney to obtain compensation. Gathering information and documents is the first step in filing a mesothelioma suit. This process, known as discovery, may take several months. During this time the legal team will interview those who were exposed to asbestos. They may also talk to family members, abatement personnel or suppliers who worked with the injured person. This will help them develop an inventory of potential defendants. Once the information is gathered attorneys can begin the process of linking employers, vendors, products and other factors to the person's exposure. A lawsuit must establish that the plaintiff's mesothelioma was caused by exposure to asbestos-containing products. It is also necessary to prove that the defendant was aware of the dangers that came with the product but failed to warn consumers and workers. To do this, the lawyers will use the Restatement of Torts, which states that anyone who sells any product “in an unsafe condition, unreasonable dangerous to the user or consumer” is liable for damages. Asbestos cases are also governed by federal and state laws and the law of case. The law, for example stipulates that plaintiffs must to demonstrate that they were exposed in a particular way, like being on a work site or using certain products. To be able to win a verdict, this type of evidence has been presented to the jury. According to a 2005 Rand report that there is an increase in asbestos lawsuits. The report suggests that this is due to a variety of factors, including the bankruptcy of asbestos lawsuits-affected companies forcing remaining firms to accept greater liability and resulting in more cases and lawyers filing as many cases as they can to be added to the bankruptcy creditor lists.