What is Asbestos Litigation?
Each asbestos lawsuit is unique and the process differs according to the type of claim filed. A plaintiff must generally demonstrate that asbestos exposure caused their illness and show evidence of damages.
Compensation can help victims pay for mesothelioma treatments that last a lifetime and provide support to their families. A top mesothelioma law firm can determine if a person is eligible to file an asbestos lawsuit.
The History of Asbestos Litigation
In contrast to other countries with central compensation systems for asbestos victims, many American asbestos victims have required litigation to obtain the financial aid they need. In the early 1980s a flood of lawsuits against asbestos producers started. These lawsuits were fueled with evidence that these companies knew that their asbestos products could be dangerous and failed to warn workers of the risks.
The first asbestos lawsuit to go to trial in the United States was filed on behalf of insulation worker Claude Tomplait. Ward Stephenson, his lawyer has named 11 companies, including manufacturers, that produce asbestos insulation as defendants in the 1969 lawsuit.
Medical researchers were just beginning to discover links between asbestos exposure and diseases such as mesothelioma when this first lawsuit was filed. The asbestos industry's lobbyists however, were determined to keep these findings secret. Despite lobbyists' best efforts in the mid-1970s asbestos-asbestosis connection was widespread in national publications, such as The New York Times, that were focusing on the link to illnesses like asbestosis and mesothelioma.
As the years passed many companies that mined or manufactured asbestos were forced to close 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 their customers. This fact, combined with the increasing awareness of the connection between asbestos exposure and mesothelioma has led to a legal blaze that continues today.
While every asbestos lawsuit is different however the fundamentals remain the same. To have a successful claim for mesothelioma, the plaintiff has to show that they were exposed to asbestos, that they suffer from an asbestos-related disease, and that their illness was directly triggered by that exposure. The plaintiff must also prove that their injuries caused a decrease in the quality of life, such as lower wages, pain and discomfort, and other damages.
The person who is suing mesothelioma lawsuit must be able to participate actively in the legal process. This includes responding to discovery requests and attending a deposition, as well as submitting documents such as medical bills and employment records. The victim should also be able to provide details about their asbestos exposure, including where and when it occurred.
Mesothelioma Cases
Asbestos victims need the best legal representation. A reputable law firm will have the resources to conduct an investigation into asbestos-related companies and determine the place the source of exposure for each mesothelioma instance.
Attorneys can file a lawsuit to hold the responsible parties accountable for the asbestos victims medical expenses, lost wages and other losses. They may also demand punitive damages if defendants are found to have acted in a fraudulent manner or with intent.
Compensation for asbestos-related victims also includes the wrongful death award that are awarded to the family of the victim after they lose a loved one due to mesothelioma or other asbestos-related diseases. Attorneys can seek mesothelioma lawsuits on behalf of people across all 50 states and across the globe.
Multiple entities, such as employers as well as insurance companies, product manufacturers and others, may be sued for asbestos exposure. The lawsuits can be filed at the state or federal level as individual claims or as class actions.
In 2005, Congress considered but did not approve legislation to establish a $140 billion trust fund in lieu of asbestos litigation. However the legislation was not backed by either the victims or the corporations, and the bill would have taken funds held in reserve by bankruptcy trusts, asbestos manufacturers and insurance companies.
The mesothelioma lawsuit settlements and verdicts have surpassed record levels in 2021. Palmdale asbestos lawyer believe that the amount will increase significantly throughout the rest of the year. These settlements and verdicts are the result of the perseverance of asbestos victims having legal representation.
Legal representatives representing asbestos victims have recovered more that $100 million in settlements and verdicts in trials. Asbestos lawyers have represented clients with asbestosis and mesothelioma in addition to other asbestos-related illnesses in every state of the United States and overseas.
In most instances, an asbestos lawyer will review the victim's mesothelioma diagnosis and their work history to determine how and when they were exposed to asbestos. It is essential for victims to remember their asbestos exposure as vividly as they can, so that their attorney can look into their claims. It is beneficial for victims to make an inventory of their work background and asbestos exposure to assist in the review process.
Mesothelioma Lawsuits
People who have been diagnosed with asbestos-related diseases may be eligible for compensation. Compensation from a mesothelioma case could help victims, their families and other members of the family pay for medical expenses, funeral expenses, and other expenses. It can also help victims overcome financial hardship due to mesothelioma treatment and loss of income. The best method to determine if you are eligible for mesothelioma-related compensation is to consult an experienced asbestos attorney.
A mesothelioma lawyer will review your case in order to determine who is responsible for exposing you to asbestos. The defendants could be your former employer or the manufacturers of the asbestos-related products you were exposed to. A lawsuit may name a variety of defendants in the hopes of settling. If a settlement isn't reached, the case goes to trial.
It can take several years between exposure to asbestos and the diagnosis of mesothelioma, or a related disease. This makes it difficult for victims to prove that their condition was caused by exposure to asbestos and not the result of other causes. A mesothelioma lawyer with experience has vast resources to collect evidence and build an argument that is convincing.
The defendants named in a mesothelioma lawsuit can be complicated because many of the companies responsible for asbestos-related diseases no longer exist. Some companies have gone bankrupt, reorganized or established trust funds for asbestos victims. A mesothelioma attorney can assist patients in pursuing compensation from the appropriate trust fund.
The majority of mesothelioma cases are filed in federal courts or state courts with experience in asbestos cases. Asbestos laws differ between states. A mesothelioma lawyer who is experienced understands the specifics of each jurisdiction and can recommend the most appropriate location for your case.
It is essential to file your mesothelioma lawsuit as soon as you are able to. There are strict statutes of limitation that restrict the time you have to file a claim following the diagnosis. A mesothelioma lawyer will ensure that your claim is filed prior to the statute of limitation expiring. They will also determine whether there are other options to get compensation for mesothelioma.
Settlements for Mesothelioma
The majority of mesothelioma cases are settled in court, as asbestos-related companies have been into bankruptcy over the years. Compensation awarded is usually based on the type of exposure, where it took place and the patient's current medical status. Mesothelioma lawyers will apply their expertise to ensure victims receive full compensation.
Asbestos sufferers should seek legal assistance immediately as limitations on liability differ from state to state and are often difficult to understand. A reputable mesothelioma law firm will be able to determine the proper jurisdiction and identify all the liable businesses. A national law firm will also be better able to identify how asbestos was used in the country.
An attorney can submit a claim for the victim if they are able to provide documentation that proves their asbestos exposure. A mesothelioma lawyer can review the paperwork and gather additional evidence if necessary. The process of gathering this evidence is called discovery. During discovery, attorneys representing mesothelioma can ask company representatives questions and obtain more details regarding the asbestos exposure.
The aim of mesothelioma suits is to hold asbestos manufacturers accountable for their wrongful actions and to ensure compensation for victims and their families. The defendants in mesothelioma lawsuits knowingly put the health and safety of their workers at risk. For decades they ignored the warnings of asbestos experts and continued to use the dangerous material in their products.
During mesothelioma cases it is often discovered that companies involved in the manufacture of asbestos failed to inform their employees or their customers about the dangers of asbestos. As a result of this many people have been exposed to harmful fibers. They were then diagnosed with mesothelioma and various asbestos-related illnesses.
If a mesothelioma sufferer dies before the matter is resolved, the estate can seek a wrongful death claim to recover compensation. These awards are usually given to compensate the family of the victim for lost income funeral expenses and suffering and pain.
Because of the long mesothelioma lawsuit timeframe it is essential for asbestos victims to find legal representation as soon as possible. A mesothelioma lawyer will help the family of the victim to file a lawsuit and help maximize the settlement amount.