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Asbestos Litigation Asbestos litigation can be complicated and time-consuming. Multiple defendants are involved in lawsuits. Discovery can be costly and time-consuming. Statutes of limitations differ in each state. Mesothelioma lawyers must establish that the victim was exposed to asbestos before being diagnosed with an asbestos-related illness like mesothelioma or lung cancer or a different condition. They must also establish the damages resulting from this exposure. Asbestos Litigation History In the early 20th century, the earliest asbestos lawsuits were filed in the US. Researchers had already discovered in the 1960s that asbestos exposure can cause mesothelioma and asbestosis, in addition to other serious diseases. Companies that mined asbestos as well as those who manufactured asbestos were not quick to react. Generally, the law requires those who produce an unsafe product to inform consumers. In the early decades of litigation victims and their families struggled to get the compensation they deserved. Plaintiffs often had to fight insurance companies and asbestos manufacturers in order to receive compensation. Many large asbestos companies were able to escape lawsuits when they declared bankruptcy. The bankruptcy survivors were forced to fund special trusts that would pay compensation to victims for pennies per dollar. This limited the number of claimants, and reduced the amount of damages that victims could receive in court. Over the years lawyers have been able to show that many asbestos manufacturers knew of the dangers associated with their products. Some even tried to hide this information from the public. These cases have uncovered evidence of companies willing to place profits ahead of public safety. Ward Stephenson, an attorney in the US, filed the first asbestos-related lawsuit in 1969 on behalf of Claude Tomplait. Tomplait worked on ships as well as at refineries in Texas along the Louisiana-Texas border. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals awarded him an agreement. Although every mesothelioma claim is unique, all claimants need to prove certain elements to win a lawsuit. The victim must typically demonstrate that they were exposed to asbestos, that they have been diagnosed with an asbestos-related disease, and that their illness was caused by asbestos exposure. Moreover, they must also demonstrate the magnitude of their losses. Asbestos victims must make a mesothelioma claim or any other asbestos-related claim within the statute of limitations for their state. The time limit for filing a claim for mesothelioma may differ between states, but typically ranges between one and three years. To avoid missing the deadline, asbestos patients and their families must seek the help of a mesothelioma lawyer as soon as they can. Mesothelioma Litigation Histories Asbestos lawsuits involve victims and their families suing for medical expenses, lost wages, and suffering. Financial compensation could help those suffering from asbestos-related illnesses pay for life-extending treatments and help their families when they are unable work. It also assists those affected and their families to avoid bankruptcy. It is important for anyone diagnosed with an asbestos-related condition to start a lawsuit as soon as possible. There are many states with strict statutes of limitation, or time limits that limit the time a person has to file a lawsuit after being diagnosed with asbestos. In the late 1960s, most asbestos victims were unaware that they were exposed to dangerous asbestos and could develop an illness. Yet, researchers knew there was a correlation between asbestos exposure and lung diseases and damage. The asbestos industry, however, concealed this information to employees and the general public to make it easier to reap the benefits of asbestos products. In the early 1920s, a 33-year-old woman known as Nellie Kershaw filed her first famous lawsuit against an asbestos firm. Kershaw worked in a plant that spun asbestos fibers into yarn in Rochdale, England. She was in close contact with asbestos and suffered respiratory problems due to it. She tried to convince her employer to cover her treatment, but they refused. She eventually died from fibrosis of the lungs, which the death certificate of her was linked to exposure to asbestos. After this, more claims were made against companies for concealing asbestos hazards and not warning workers of the dangers. Manufacturers and insurers tried to avoid liability by claiming only certain levels of asbestos exposure were hazardous. However research has revealed that there is no safe limit for exposure to asbestos. These arguments have not been able to fool the courts. Insurers have had to set up trust funds to pay for people who's lives have been destroyed by asbestos. Asbestos litigation is the longest-running mass tort of all time. People with mesothelioma and other asbestos-related illnesses should bring a lawsuit against the companies that exposed them to the illness as soon as is possible. A mesothelioma lawyer with experience will determine the amount of compensation a victim can be entitled to if their lawsuit is successful. Asbestos Litigation Today Asbestos litigation is a massive problem today. It has affected entire industries, and they have been forced into bankruptcy and establish trust funds to compensate the victims. Many workers have been diagnosed with asbestos-related illnesses. As a result of exposure to asbestos many people have died. As their health declines and they struggle to pay their medical bills, many more are facing mounting medical bills and financial losses. Lawsuits against asbestos defendants continue to grow. Some attorneys are worried that the pressure of trial dockets is forcing judges adopt actions that can speed up trials and result in less equitable outcomes. For instance, consolidating cases or shorter timeframes for discovery. Some defendants are now claiming that plaintiffs are unfairly attacking them unfairly. They argue that a number of the same companies have been involved in asbestos litigation for years and that dozens of these defendants have become bankrupt. They claim that their assets were sacked and the money paid out for claims was not enough to compensate victims. The defendants are also worried that the number of lawsuits is increasing rapidly, and they are struggling to find ways to handle them. They claim that litigation costs have a negative impact on their profits and that jury awards are higher than what they are able to pay as settlements. As more and more people are diagnosed with this deadly illness, the number of claims for mesothelioma is increasing. As a result, certain companies are refusing settle. In addition the corruption charges against former New York Assembly Speaker Sheldon Silver have put a spotlight on the shady connections between asbestos lawyers and politicians. The scandal has sparked calls for changes in the way New York City's asbestos court handles cases. A successful mesothelioma verdict or settlement may aid victims and their families get compensation for losses such as medical bills, property loss, emotional distress, loss of wages and the loss of loved ones. A successful case can also award punitive damages in order to punish the defendant and prevent others from engaging in similar crimes. Real Estate Litigation Asbestos fibers enter the lungs via the lymphatic system when they are inhaled. They can cause mesothelioma as well as other diseases. This asbestos-related cancer affects the lung's lining as well as the chest cavity, or peritoneum. To receive compensation, those who have suffered from mesothelioma and other asbestos-related illnesses should speak with a mesothelioma attorney. The gathering of information and documents is the first step in filing a mesothelioma suit. This process can take several months. During this period, the legal team will conduct interviews with those who were exposed to asbestos. They may also talk to family members, abatement workers or suppliers who worked with the injured person. This will assist in creating an inventory of potential defendants. Once the attorneys have gathered the information they can begin connecting the defendant's exposure to companies, products, and even vendors. A lawsuit must prove the plaintiff's mesothelioma was the result of exposure to asbestos-containing products. Atlanta asbestos lawyer must also prove that the defendant was aware of the dangers of the product and failed to warn its consumers and workers. To do this, the lawyers will use the Restatement of Torts, which states that anyone who sells any product “in unsafe condition that is unreasonable dangerous to the consumer or user” is responsible for damages. In addition to the Restatement asbestos cases, asbestos cases are governed by other laws, both state and federal, as well as cases. For example, the law states that plaintiffs must show that they were exposed to asbestos in a particular way, such as being on a specific job location or using a particular product. To win a verdict, this type of evidence needs been presented to the jury. According to a Rand report from 2005, asbestos claims have increased. The report suggests that this is due to a number of factors, including bankruptcy of companies facing asbestos lawsuits forcing the remaining firms to accept greater liability which results in more cases, and lawyers filing as many cases as they can to be added to the bankruptcy creditor lists.