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What is Asbestos Litigation? Each asbestos lawsuit is distinct and the process will vary depending on the type. A plaintiff must generally prove that exposure to asbestos caused the illness and show evidence of damages. Compensation can allow victims to afford mesothelioma treatments that last a lifetime and support their families. A top mesothelioma lawyer can determine if a victim is eligible to file a lawsuit for asbestos. The History of Asbestos Litigation In the United States, unlike in other countries with central compensation programs for asbestos victims to aid them in getting the financial aid they require many asbestos victims are required to sue to obtain the financial support they need. In the early 1980s, a massive lawsuit against asbestos manufacturers began. These lawsuits were fueled with evidence that these companies knew that their asbestos products could be dangerous and did not warn workers of the risks. The first asbestos case that went 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, who made asbestos insulation as defendants in the 1969 lawsuit. Medical researchers were just beginning to establish links between asbestos exposure and a variety of illnesses such as mesothelioma when the first lawsuit was filed. The asbestos industry's lobbyists, however determined to keep these findings from being made public. Despite the 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 connection to diseases including mesothelioma and asbestosis. As time went on, dozens and dozens of companies that mined or made asbestos filed bankruptcy due to the overwhelming number asbestos lawsuits. Some of these companies admitted that they knew about asbestos's dangers but did not warn their employees and customers. This, in conjunction with a growing understanding of the link between exposure to mesothelioma and asbestos led to a legal firestorm that continues to today. While every asbestos lawsuit is different however the fundamentals remain the same. To be able to file a successful mesothelioma lawsuit the plaintiff must demonstrate that they were exposed to asbestos and that they suffer from an asbestos-related disease and that their illness is directly related to this exposure. The victim must also show that their injuries caused a loss in quality of life, for example, diminished wages, pain and discomfort, and other losses. The person who is suing mesothelioma lawsuit must be willing to take part actively in the legal process. This includes responding to requests for discovery as well as attending a deposition and providing documents like medical bills and employment records. The victim should also be able to give details regarding their asbestos exposure, including the location and when it happened. Mesothelioma Cases Asbestos victims need access to the most effective legal representation. An experienced law firm will have the resources to investigate asbestos-related companies and determine the place the source of exposure in each mesothelioma situation. Attorneys can file a lawsuit to hold the accountable parties accountable for the asbestos victims medical expenses, lost wages, and other losses. They may also demand punitive damages in the event that the defendants are found to have acted in a fraudulent manner or with intention. Compensation for asbestos-related victims also includes the wrongful-death award which are awarded to the victim's family after they lose a loved one due to mesothelioma or any other asbestos-related disease. Attorneys can seek mesothelioma lawsuits on behalf of people in all 50 states and across the world. Many entities, like employers as well as insurance companies, manufacturers of products, and others, can be sued for asbestos exposure. These lawsuits can be filed at the federal or state level as individual claims or as class actions. In 2005, Congress considered legislation but did not pass it to establish a trust fund worth $140 billion in lieu asbestos litigation. The legislation was not supported by the victims or corporations. It would have taken money held by bankruptcy trusts and asbestos manufacturers and insurance companies. The mesothelioma lawsuit settlements and verdicts have surpassed records in 2021. Lawyers expect that these amounts will increase significantly throughout the rest of the year. The settlements and verdicts are the result of asbestos victims' persistent legal representation. Asbestos victims' legal representatives have recovered more than $100 million in settlements and trial verdicts on behalf of their clients. Asbestos lawyers have represented clients suffering from asbestosis and mesothelioma in addition to 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 that the victims remember the extent of their asbestos exposure as possible, so their attorney can examine the claim. To aid in the review process, it is helpful for victims of asbestos exposure to compile a list. Mesothelioma Lawsuits People who have been diagnosed with asbestos-related illnesses may be qualified for compensation. The compensation offered by a mesothelioma lawsuit may help victims, their families and others pay for medical costs funeral expenses, other expenses. It can also help victims overcome financial hardship caused by mesothelioma therapies and loss of income. A consultation with an asbestos lawyer is the best way to determine whether you qualify for compensation. A mesothelioma attorney will evaluate your case to determine who is accountable for exposing you to asbestos. Defendants could include your former employer or the manufacturers of asbestos-related products that you were exposed to. A lawsuit may name a variety of defendants with the intention of reaching a settlement. If no settlement is reached the case will be heard in court. It can take a number of years between asbestos exposure and the diagnosis of mesothelioma, or a related disease. It is difficult for victims of asbestos-related illnesses to prove that their illness was not the result of other causes. A mesothelioma attorney with extensive resources can gather evidence and present an argument that is convincing. The defendants named in a mesothelioma case may be a challenge because a lot of the companies that are responsible for asbestos-related illnesses have ceased to exist. Some companies have gone bankrupt, reorganized or set up trust funds for asbestos victims. An attorney for mesothelioma can assist patients in pursuing compensation from the appropriate trust fund. The majority of mesothelioma lawsuits are filed in federal courts or state courts with experience in asbestos cases. Asbestos laws vary between states. An experienced mesothelioma lawyer is aware of the specifics of each state and can recommend the right location for your case. It is important to make your mesothelioma claims as soon as possible. You may only have a limited time to file a claim after the diagnosis due to a narrow statute of limitations. A reputable mesothelioma law firm will ensure that your claim is filed before the statute of limitations expires. Garland asbestos lawyers will also determine if there are other ways to be compensated for mesothelioma. Mesothelioma Settlements Since a lot of asbestos companies went bankrupt decades ago, most mesothelioma lawsuits settle out of court. The amount of compensation awarded is according to the type and location of the exposure, as in addition to the victim's medical health. Mesothelioma lawyers will draw on their expertise to ensure that victims receive full compensation. It is crucial for asbestos sufferers to seek legal representation right away because the statutes of limitation vary by state and are difficult to comprehend. A mesothelioma lawyer is able to determine the appropriate jurisdiction and identify the companies which are responsible. A national law firm will also be better equipped to determine the use of asbestos in the country. If a patient can provide documentation of their asbestos exposure, an attorney will make a claim on the victim's behalf. A mesothelioma attorney will review the documentation and collect any additional evidence that is needed. The process of obtaining this evidence is called discovery. In the course of discovery, mesothelioma lawyers can question company representatives and seek more information regarding the asbestos exposure. The goal of mesothelioma lawsuits is to hold asbestos manufacturers accountable for their negligent acts and to secure compensation for the victims and their families. The defendants in mesothelioma cases knowingly put the health and safety of their workers at risk. They ignored asbestos experts' warnings for years 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 did not warn their employees or consumers 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 their case is resolved, the estate can seek a wrongful death claim to recover compensation. The wrongful death award is typically given to compensate the family of the victim for loss of income funeral expenses, suffering and pain. It is important that asbestos victims get legal representation as quickly as possible, due to the lengthy timeline for mesothelioma cases. A mesothelioma lawyer can assist the family members of the victim make a claim and help maximize the amount of settlement.