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Asbestos Litigation Asbestos litigation can be complex and time-consuming. The lawsuits can involve multiple defendants and discovery can be costly and time-consuming; and statutes of limitations vary by state. Mesothelioma lawyers must prove the victim was exposed to asbestos and diagnosed with an asbestos-related condition like mesothelioma or lung cancer or a different condition. They must also prove the damages that resulted from the exposure. Asbestos Litigation History The first asbestos lawsuits hit the US legal system in the early 20th century. Researchers had already established in the 1960s that exposure to asbestos can cause mesothelioma and asbestosis, in addition to other serious illnesses. Companies who mined asbestos and made asbestos were not quick to react. In general the law, those who produce a dangerous product warn consumers. In the early days of litigation, the families of victims and the plaintiffs struggled to get the compensation they were entitled to. Plaintiffs often had to battle insurance companies and asbestos manufacturers in order to receive compensation. A lot of asbestos companies were able to escape lawsuits by declaring bankruptcy. Those that survived bankruptcy were forced to fund special trusts which would pay out compensation to victims at pennies on the dollar. This limited the number of claimants and reduced the amount of damages that victims could be awarded in the court. Over the years, lawyers 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 that some companies were willing to place profits ahead of public safety. Ward Stephenson, an attorney in the US, filed the first asbestos products lawsuit in 1969 on behalf of Claude Tomplait. Tomplait was a ship captain and worked in oil refineries near the border between Texas and Louisiana. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals awarded him an agreement. While every mesothelioma case is unique, there are some aspects that all claimants need to prove in order to win a mesothelioma suit. The plaintiff has to demonstrate 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 must also show the extent of their losses. San Francisco asbestos lawyer must submit a mesothelioma or another asbestos claim within the timeframe of the statute of limitations in their state. The time limit for filing a claim for mesothelioma differs from one state to another, but generally ranges between one and three years. To avoid missing the deadline, asbestos sufferers and their families should consult a mesothelioma attorney as soon as they can. Mesothelioma litigation history Asbestos litigation is a legal process that is brought by the victims and their families to seek compensation for medical expenses lost wages, pain and suffering. Financial compensation could help those who suffer from asbestos illnesses pay for life-extending treatments and provide support to their families when they are unable work. It also helps sufferers and their loved ones avoid bankruptcy. Anyone diagnosed with an asbestos-related disease must file a lawsuit as soon as they can. There are many states with strict statutes of limitation or time limitations that limit how long someone must file a lawsuit after being diagnosed with asbestos. In the 1960s, most asbestos victims were unaware that they could get sick after exposure to asbestos. Yet, researchers knew that there was an association between exposure to asbestos and lung diseases and damage. The asbestos industry, however, kept this information from workers and the general public to make it easier to make money from asbestos products. Nellie Kershaw, a 33 year old woman from England, filed the first lawsuit against asbestos companies in the early 1920s. Kershaw was employed in a factory which made asbestos fibers into yarn in Rochdale, England. She was in constant contact with asbestos and developed respiratory issues. She tried to convince her employer to cover her medical expenses but they declined. Her death certificate linked her death to asbestos exposure. She died from fibrosis in the lungs. After this the companies were accused of hiding asbestos risks and failing to warn workers about the dangers. Insurers and manufacturers tried to avoid responsibility by claiming that only certain levels of exposure are harmful, but research has shown that there is no safe level of asbestos exposure for individuals. The courts have not been fooled by these arguments. Insurance companies have been required to establish 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 suffering from mesothelioma and other asbestos-related diseases should file a lawsuit against the companies that exposed them to the disease as soon as possible. A mesothelioma lawyer with experience will determine the amount of compensation a victim could receive if their claim is successful. Asbestos Litigation Today Asbestos litigation is a huge problem today. It has impacted entire industries that were forced to file for bankruptcy and set up trust funds to compensate victims. Many workers have also been diagnosed with asbestos-related diseases. Many have passed away due to exposure to the dangerous substance. Many more are facing medical bills and increasing financial losses as their health deteriorates and they struggle to pay their expenses. The number of lawsuits filed against major asbestos defendants continues to increase. Some lawyers worry that pressures on the trial docket are forcing judges to adopt actions that speed up trials and lead to less fair results like consolidating cases and reducing the amount of time for discovery. Some defendants have started to assert that they are unfairly targeted by plaintiffs. They claim that some of the same companies have been involved in asbestos litigation for years, and that dozens of these defendants have gone bankrupt. They claim that their assets have been slashed and that the money they receive in settlements does not adequately compensate victims. The defendants are also concerned because the number of lawsuits is rapidly growing, and they are struggling to figure out how to deal with them. They claim that litigation costs are reducing their profits and that jury awards are higher than what they are able to pay as settlements. Mesothelioma claims are continuing to increase as more victims are diagnosed with the fatal disease. Some companies refuse to settle. In addition, the corruption charges against former New York Assembly Speaker Sheldon Silver are shining a light on the shady connections between politicians and asbestos lawyers. The scandal has led to calls for a change to the manner in which New York City's asbestos court handles cases. A successful mesothelioma judgment or settlement can help victims and their families get compensation for losses like medical bills, property loss as well as emotional distress, loss of wages and the loss of loved ones. A successful case can also be awarded punitive damages to penalize the defendant and prevent others from engaging in similar crimes. Real Estate Litigation Asbestos fibers are absorbed into the lungs via the lymphatic system when they are inhaled. They can eventually trigger a variety of ailments such as mesothelioma. The asbestos-related cancer affects the lining of the lungs and chest cavity, or the peritoneum. Patients who have been diagnosed with mesothelioma, or another asbestos-related illness, should consult a seasoned mesothelioma attorney to obtain compensation. The gathering of information and documents is the first step in filing a mesothelioma suit. This process can take several months. During this time the legal team will interview workers who were exposed to asbestos. They can also speak to family members, abatement workers, or suppliers that worked with the person who was injured. This will allow them to create a database of potential defendants. Once they have this information, the attorneys can start the process of connecting employers, vendors, products and other elements to the person's exposure. A lawsuit must prove that the plaintiff's mesothelioma was the result of exposure to asbestos-containing products. It must also show that the defendant knew about the dangers of the product and failed to warn its customers and employees. To prove this, lawyers will use the Restatement of Torts, which states that anyone who sells a product “in a dangerous condition unreasonably dangerous to the user or consumer” is at risk of being held accountable for damages. In addition to the Restatement asbestos cases, asbestos cases are governed by other federal and state laws and the law of the case. The law, for instance stipulates that plaintiffs must to prove that they were exposed in a particular way, like being on a job site or using certain products. To be able to win a verdict, this kind of evidence needs to be presented to the jury. According to the 2005 Rand report that there is an increase in asbestos claims. The report suggests that this is due to a number of factors, including the bankruptcy of companies facing asbestos lawsuits forcing remaining firms to accept more liability and resulting in more cases, and lawyers completing as many cases as they can in order to be included on creditor lists for bankruptcy.