Why We Why We What Is Asbestos Litigation (And You Should, Too!)
What is Asbestos Litigation?
Each asbestos lawsuit is different and the process differs according to the type of claim that is filed. A plaintiff must generally demonstrate that asbestos exposure caused their illness and provide evidence of damages.
Compensation can help victims pay for life-extending treatments for mesothelioma and support their families. A top mesothelioma law firm can determine if a person is qualified to file a lawsuit against asbestos.
The History of Asbestos Litigation
Unlike some other countries with centralized compensation systems for asbestos-related victims, the majority of American asbestos victims have required litigation to receive the financial aid they require. In the early 1980s a flood of lawsuits against asbestos manufacturers started. These lawsuits were fueled with evidence that these companies knew that their asbestos products could be hazardous and did not warn workers of the dangers.
Claude Tomplait, an insulation worker, was the first asbestos case in the United States to be tried. His lawyer, Ward Stephenson, named 11 asbestos insulation manufacturers and other products as defendants in a suit filed in 1969.
Medical researchers were just beginning to establish links between asbestos exposure and a variety of illnesses like mesothelioma, for instance, when the first lawsuit was filed. However, asbestos industry lobbyists were determined to stop the findings from being made known to the public. In the mid-1970s, despite lobbyists best efforts, news of the connection between asbestos and asbestosis was widely reported in national publications like The New York Times.
As the years went by many companies that mined or made asbestos filed bankruptcy due to the apex number of asbestos lawsuits. Some of these companies even admitted knowing about the dangers of asbestos, however, they failed to warn their employees or customers. This fact, along with a growing awareness of the connection between exposure to asbestos and mesothelioma, caused a legal furore that continues to the present day.
While every asbestos lawsuit is different however the fundamentals remain the same. To be able to claim for mesothelioma, the plaintiff has to show that they were exposed to asbestos, that they suffer from an asbestos-related condition and that their condition was directly triggered by the exposure. The plaintiff must also demonstrate that their injuries led to a loss in quality of life, such as diminished wages as well as pain and discomfort and other losses.
The person who is the plaintiff in a mesothelioma claim must be willing to take part actively in the legal process. This involves responding to discovery requests or depositions, as well as providing documents like medical bills and employment documents. The victim should also be able to provide information about their asbestos exposure, including where and when it occurred.
Mesothelioma Cases
Asbestos victims require the best legal representation. A reputable law firm has the resources to investigate asbestos companies and pinpoint the source of exposure for each mesothelioma case.
Attorneys may file a lawsuit against the responsible parties to recover the medical expenses, lost wages, and other losses of asbestos victims. They may also demand punitive damages if defendants are found to have acted in a fraudulent manner or with intention.
Costa Mesa asbestos lawyers for asbestos-related victims also includes 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 can pursue mesothelioma lawsuits on behalf of individuals in all 50 states and around the globe.
Multiple entities, such as employers or insurance companies, product manufacturers, and others, can be sued for asbestos exposure. These lawsuits may be brought at the state or federal level as individual claims, or as class actions.
In 2005, Congress considered but did not approve legislation to establish the trust fund of $140 billion in lieu of asbestos litigation. The legislation was not supported by the victims or corporations. It would have taken money held by asbestos manufacturers and bankruptcy trusts as well as insurance companies.
Lawyers believe that mesothelioma verdicts and settlements will continue to rise throughout the course of the year. These settlements and verdicts are the result of persistence of asbestos victims having legal representation.
Asbestos victims' legal representatives have secured more than $100 million in settlements and verdicts on behalf of their clients. Asbestos lawyers have represented clients with asbestosis and mesothelioma as well as other asbestos-related illnesses in every state of the United States and overseas.
In most cases, an asbestos lawyer will examine a victim's diagnosis of mesothelioma and their employment background to determine when and how they were exposed to asbestos. It is crucial for those who suffer from asbestos to remember their asbestos exposure as much as possible so their attorney can look into their claims. To assist in the review process, it's beneficial for asbestos victims to exposure to compile a list.
Mesothelioma Lawsuits
People who have been diagnosed with an asbestos-related illness have legal options to seek compensation. Compensation from a mesothelioma suit can aid victims, their families and other members of the family pay for medical expenses, funeral expenses, and other expenses. It can also help sufferers overcome financial hardships due to mesothelioma treatment and loss of income. The best method to determine if you are eligible for mesothelioma compensation is to speak with an experienced asbestos attorney.
A mesothelioma lawyer can evaluate your case to determine who is responsible for the exposure you received to asbestos. The defendants could include your former employer, or the companies that made the asbestos-related products you were exposed to. To reach a settlement the lawsuit will list multiple defendants. If no settlement is reached the case will go 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 patients to prove that their illness was a result of asbestos exposure and not a result of other factors. An experienced mesothelioma lawyer has extensive resources to collect evidence and build a compelling case.
It is sometimes difficult to identify plaintiffs in a mesothelioma lawsuit because a lot of 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. A mesothelioma attorney can assist victims in pursuing compensation from the appropriate trust fund.
Most mesothelioma cases are filed in federal courts or state courts that have experience in asbestos cases. However, the laws governing asbestos litigation differ from state to state. A mesothelioma attorney who is knowledgeable will be able to recognize the specifics of every jurisdiction and recommend the most appropriate venue for your case.
It is essential to file your mesothelioma claim in the earliest time possible. There are narrow statutes of limitations that can restrict the time you have to file a claim after the diagnosis. An experienced mesothelioma law firm will ensure that your claim is filed before the statute of limitations expires. They will also suggest other ways to get compensation for mesothelioma.
Settlements for Mesothelioma
Since many of the asbestos companies went under years ago, the majority of mesothelioma lawsuits end up being settled outside of the court. The amount of compensation is usually determined by the nature of the exposure, the location it occurred, and the victim's current medical status. Mesothelioma lawyers will utilize their expertise to ensure the victims receive the full amount of compensation.
It is crucial for asbestos victims to seek legal counsel right away because the statutes of limitation vary according to state and are difficult to comprehend. A mesothelioma lawyer who is skilled will be able to determine the appropriate jurisdiction and identify all the liable companies. A national law firm will be better able to identify the extent to which asbestos was used throughout the country.
If a victim can provide documentation of their exposure to asbestos an attorney will file a claim on the victim's behalf. A mesothelioma lawyer will go through the paperwork, and gather any additional evidence needed. The process of gathering this evidence is called discovery. During discovery, mesothelioma attorneys can question company representatives and obtain more details regarding the asbestos exposure.
The goal of mesothelioma litigation is to hold asbestos producers accountable for their negligence and secure compensation for mesothelioma victims and their families. The defendants in mesothelioma cases are aware of putting the health and safety of their employees at risk. For a long time, they ignored the warnings of asbestos experts and continued to use the dangerous material in their products.
In mesothelioma lawsuits it is often found that companies involved in the manufacturing of asbestos did not warn their employees or consumers about its dangers. As a result of this many people have been exposed to harmful fibers. They were later diagnosed with mesothelioma and various asbestos-related illnesses.
When a mesothelioma patient dies before their case is resolved, the estate can seek a wrongful death claim to recover compensation. The family of the victim receives compensation for their loss of income, funeral costs, and suffering and pain through wrongful death awards.
Due to the mesothelioma litigation timeline it is essential for asbestos victims to find legal representation as soon as possible. A mesothelioma lawyer can assist the family members of the victim to file a lawsuit and increase the settlement amount.