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Asbestos Litigation Asbestos litigation can be complicated and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be expensive and time-consuming. The statute of limitations differs in each state. Lawyers for mesothelioma need to demonstrate that the victim was exposed to asbestos and later diagnosed with a condition that is related to asbestos, such as lung cancer, mesothelioma or another disease. They must also prove the damages that resulted from this exposure. Asbestos Litigation History The first asbestos lawsuits erupted in the US legal system in the early twentieth century. Researchers had already established in the 1960s that exposure to asbestos could trigger mesothelioma or asbestosis, in addition to other serious illnesses. Companies that mined asbestos as well as those who manufactured asbestos were not quick to react. In general, the law requires that producers of a hazardous product notify consumers. In the beginning of litigation, victims and their families had to fight for the compensation they were entitled to. In order to receive compensation plaintiffs had to fight insurance companies and asbestos producers. A lot of asbestos companies were able to avoid lawsuits when they declared bankruptcy. Those who survived bankruptcy were required to set up trusts that would pay compensation to victims for pennies per dollar. This reduced the number of claimants, and decreased the amount of damages victims could be awarded in the court. Over the years, attorneys have been able to show 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 revealed evidence of companies willing to put profits ahead of safety for the public. In 1969, attorney Ward Stephenson filed the first asbestos product liability suit in the US on behalf of Claude Tomplait. Tomplait worked on ships as well as at oil refineries along the Texas-Louisiana border. He developed mesothelioma, and the Fifth Circuit U.S. Court of Appeals awarded him an agreement. While Tyler asbestos lawyer is unique, there are a few factors that all claimants must prove in order to win a mesothelioma suit. The victim must typically prove that they were exposed, that they have been diagnosed with an asbestos related disease, and that their illness was caused by the asbestos exposure. They should also demonstrate the extent of their losses. Asbestos sufferers must submit a mesothelioma lawsuit or any other asbestos-related claim prior to the time that the statute of limitations for their state ends. The statute of limitations for mesothelioma varies from one state to another, but it is generally somewhere between one and three years. To avoid missing the deadline, asbestos patients and their families must consult a mesothelioma attorney as soon as they can. Mesothelioma Litigation History Asbestos litigation involves victims and their families who seek compensation for medical expenses, lost wages, and pain and suffering. Financial compensation could help those suffering from asbestos-related diseases pay for life-extending treatment and help their families when they are unable work. It can also help those affected and their families to avoid bankruptcy. It is important for anyone who is diagnosed with an asbestos-related disease to make a claim as quickly as they can. A lot of states have strict statutes of limitation or time limitations which limit the amount of time someone has to file a lawsuit after being diagnosed with asbestos. Before the late 1960s most asbestos-related victims were unaware that they could be ill after being exposed to asbestos. Yet, researchers knew there was an association between exposure to asbestos and lung damage and diseases. The asbestos industry, however, hid this information to employees and the general public in order for them to profit from asbestos-related products. In the early 1920s, a 33-year-old woman known as Nellie Kershaw filed her first famous lawsuit against an asbestos-related company. Kershaw was employed in a factory which made asbestos fibers into yarn in Rochdale, England. She was in close contact with asbestos and suffered respiratory problems due to it. She tried to persuade her employer to cover her treatment but they declined. The death certificate of her was linked to her death to exposure to asbestos. She died from lung fibrosis. After this the companies were accused of hiding asbestos-related risks and failing warn workers about the dangers. Manufacturers and insurers attempted to avoid responsibility by arguing only certain levels of exposure to asbestos were hazardous. However, research has shown there is no safe limit for exposure to asbestos. The courts have not been fooled by these arguments. Insurance companies have been forced to create trust funds in order to compensate those whose lives were destroyed by asbestos. Asbestos litigation is the longest-running mass tort in the history of mankind. Patients with mesothelioma and any other asbestos-related diseases must file a suit against the companies that exposed them to the illness as soon as they can. A mesothelioma lawyer can assist victims in determining the amount of compensation they could receive if their lawsuit is successful. Asbestos Litigation Today Asbestos litigation has become a major problem in the current world. It has affected entire industries that have been forced to declare bankruptcy and set up trust funds to pay victims. Many workers have been diagnosed with asbestos-related diseases. Thousands of people have died as a result of exposure to the hazardous substance. Many more are struggling with medical bills and mounting financial burdens as their health deteriorates and they struggle to pay their bills. The number of lawsuits against asbestos defendants is continuing to increase. Some lawyers worry that pressures on the trial docket are forcing judges to take actions that speed up trials and lead to less fair results, such as consolidation of cases and shorter lengths of time for discovery. Some defendants have begun to argue that they are unfairly targeted by plaintiffs. They argue that a number of the same firms were involved in asbestos litigation over decades, and that dozens have been bankrupted. They claim that their assets were sacked and the money paid out for claims did not adequately compensate victims. The defendants are also worried that the number of lawsuits is rapidly growing and they are trying to figure out how to deal with the influx of lawsuits. They claim that the expense of litigation is degrading their profit and that the verdicts handed out by juries are significantly more than the amount they can pay in settlements. Mesothelioma claims are continuing to rise as more and more patients are diagnosed with the deadly disease. This is why certain companies are refusing settle. In addition the corruption allegations against former New York Assembly Speaker Sheldon Silver are shining a spotlight on the shady relationships between asbestos lawyers and politicians. The scandal has prompted calls for changes to the manner in which New York City's asbestos court handles cases. A mesothelioma-related verdict or settlement can aid the families of victims recover compensation for losses like medical bills, property loss, emotional distress, loss of wages and the death of loved ones. A successful case may also be awarded punitive damages to penalize the defendant and deter others from engaging in similar wrongdoing. Real Estate Litigation Asbestos fibers are absorbed into the lungs through the lymphatic system when inhaled. They then trigger a range of diseases, including mesothelioma. This asbestos-related cancer affects peritoneum, the lining that lines the chest cavity and lungs. Anyone who has suffered from mesothelioma, or another asbestos-related illness, should seek out a mesothelioma lawyer for compensation. The gathering of information and documents is the first step towards filing a mesothelioma lawsuit. This process, referred to as discovery, can take several months. During this period, the legal team will conduct interviews with employees who were exposed asbestos. They can also speak to family members, abatement employees or suppliers who worked with the injured person. This will assist in creating an inventory of potential defendants. Once they have this information attorneys can begin the process of linking employers, vendors, products and other factors to the person's exposure. A lawsuit must prove that mesothelioma in the plaintiff is a result of the exposure to an asbestos-containing item or products. It must also be proven that the defendant was aware of the dangers that came with the product, but did not warn consumers or workers. To do this, the lawyers will use the Restatement of Torts, which states that anyone who sells a product “in an unsafe condition, unreasonable dangerous to the user or consumer” is responsible for damages. Asbestos cases are also governed by federal and state laws as well as cases. For instance the law stipulates that plaintiffs must prove that they were exposed to asbestos in a certain way, such as being on a specific job location or using a particular product. This kind of evidence has to be presented to a jury to get the verdict. According to the 2005 Rand report the year 2005, there is an increase in asbestos lawsuits. The report suggests that this is due to a variety of factors, including the bankruptcy of asbestos-related companies forcing the remaining firms to take on more responsibility, leading to more cases, and lawyers filing as many cases as they can in order to be included on the bankruptcy creditor lists.