Asbestos Litigation

Asbestos litigation is often complex and time-consuming. There are multiple defendants involved in lawsuits and the discovery process can be costly and time-consuming; and the statute of limitations differs by state.

Lawyers for mesothelioma must demonstrate that the victim was exposed to asbestos and later diagnosed with a disease related to asbestos, such as mesothelioma, lung cancer, or another condition. They also must establish the damages resulting from that exposure.

Asbestos Litigation History

The first asbestos-related lawsuits hit the US legal system in the early twentieth century. In the 1960s, researchers had concluded that exposure to asbestos could trigger mesothelioma, asbestosis and other serious diseases. However, companies that mined and manufactured asbestos were slow respond. The law generally requires those who create dangerous products to warn consumers.

In the early decades of litigation the families of victims struggled to receive the compensation they were entitled to. Plaintiffs often had to fight asbestos manufacturers and insurance companies in order to be compensated. A lot of asbestos companies were able to escape lawsuits when they declared bankruptcy.

The bankruptcy survivors were forced into funding special trusts that paid compensation to victims for pennies on the dollar. This reduced the number of claimants as well as lowered damages that victims could receive in the court.

Over the years, lawyers have been able prove that many asbestos producers knew about the dangers their products could pose. They even tried to hide this knowledge from the public. These incidents have revealed that some firms were willing to put profits before security of the public.

Ward Stephenson, an attorney in the US, filed the first asbestos products lawsuit in 1969 on behalf of Claude Tomplait. Tomplait worked on ships and at oil refineries along the Texas-Louisiana border. He was diagnosed with mesothelioma and the Fifth Circuit U.S. Court of Appeals granted him an amount of money to settle.

While Yuma asbestos lawyer Links to an external site. is unique however, all claimants must establish certain elements in order to win a lawsuit. Typically, the victim must show they were exposed to asbestos, and that they were diagnosed with an asbestos-related disease and that the exposure was responsible for their illness. They should also demonstrate the extent of their losses.

Asbestos sufferers must submit a mesothelioma lawsuit or any other asbestos-related claim before the statute of limitations for their state expires. The time limit for filing a claim for mesothelioma varies from state to state, but typically ranges between one and three years. Asbestos victims and their families should consult a mesothelioma lawyer as quickly as they can in order to not miss the deadline.

Mesothelioma history of litigation

Asbestos litigation involves victims and their families seeking compensation for medical expenses, lost wages, and suffering. Financial compensation can help asbestos disease patients pay for treatments that prolong their lives, and also support their families when they are disabled to work. It can also help those affected and their families to avoid bankruptcy. Anyone who is diagnosed with an asbestos-related illness must file a suit as soon as they are able to. This is because a lot of states have narrow statutes of limitations or time limits which determine how long the person must file an asbestos lawsuit after diagnosis.

In the 1960s, most asbestos victims were unaware they could be ill after exposure to asbestos. However, scientists already 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 in order to make money from asbestos products.

In the early 1920s, a 33-year-old woman known as Nellie Kershaw filed the first famous lawsuit against an asbestos-related company. Kershaw worked in a factory in Rochdale that spun asbestos fibers into yarn. She was in close contact with the asbestos and suffered respiratory problems from it. She tried to convince her employer to cover her medical expenses but they did not. She eventually died from fibrosis of the lungs, which her death certificate 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 evade responsibility by arguing that only certain levels of exposure were hazardous, but studies have revealed that there is no safe level of exposure to asbestos for humans.

The courts have not been fooled by these arguments. Insurers have been forced to establish trust funds to pay for people who have suffered the loss of their lives by asbestos. Asbestos litigation is the longest-running mass tort in history.

Patients suffering from mesothelioma and other asbestos-related illnesses should make a claim against the companies who exposed them to the disease as soon as possible. A mesothelioma attorney can assist victims in determining the amount of compensation they may receive if their lawsuit is successful.

Asbestos Litigation Today

Asbestos litigation is a huge issue in the present. It has impacted a variety of industries, which have been forced into bankruptcy and establish trust funds to compensate the victims.

It also affects a lot of individual employees who have been diagnosed with an asbestos-related illness. As a result of exposure to asbestos many people have passed away. As their health deteriorates and they struggle to pay their bills, many more face mounting medical bills and financial losses.


The number of lawsuits filed against major asbestos defendants continues to increase. Some lawyers are concerned that the pressure of trial dockets is forcing judges take actions which accelerate trials and could produce less equitable results. For instance, consolidating cases or shorter times for discovery.

Some defendants have started to assert that they are being unfairly targeted by plaintiffs. They claim that some of the same companies have been involved in asbestos litigation for a long time and that a number of these defendants have gone bankrupt. They claim that their assets were stripped and that the money they were given to victims of claims was not sufficient to compensate victims.

They are also concerned about the rapid growth in lawsuits and are trying to find ways to manage it. They claim that litigation costs have a negative impact on their profits, and that jury awards are more than what they are able to pay in settlements.

Mesothelioma claims continue to increase as more patients are diagnosed with the fatal disease. Some companies refuse to settle.

The corruption charges against Sheldon Silver, former New York Assembly Speaker as well as shine light on the murky relationships between asbestos attorneys and politicians. The scandal has led to calls for a change to the manner in which New York City's asbestos court handles cases.

A mesothelioma verdict or settlement can help victims and families get compensation for losses, such as medical expenses, property loss, lost wage emotional distress, and death of a loved one. A successful case may also award punitive damages to punish the defendant or deter others from committing similar wrongdoing.

Real Estate Litigation

When asbestos fibers are inhaled they travel into the lungs and abdomen through the lymphatic system. They eventually cause a number of diseases that include mesothelioma. This asbestos-related cancer affects the peritoneum, the lining that lines the chest cavity and lungs. Anyone who has suffered from mesothelioma or another asbestos-related illness should consult a seasoned mesothelioma lawyer for compensation.

The first step to file mesothelioma lawsuits is to gather documents and information. This process, known as discovery, may take several months. During this period, the legal team will interview employees who were exposed asbestos. They may also talk to family members, abatement employees, or suppliers that were involved with the victim. This will enable them to create a database of possible defendants. After the attorneys have gathered the information they can begin the process of linking the person's exposure to employers, products and vendors.

A lawsuit must show that the plaintiff's mesothelioma was a result of the exposure to an asbestos-containing product 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. The lawyers will make use of the Restatement of Torts to prove this. It states that anyone who sells an item "in an environment that is dangerous to the user or the consumer" could be held accountable for damages.

Asbestos cases are also subject to federal and state laws and caselaw. For instance the law stipulates that plaintiffs must prove that they were exposed to asbestos in a specific way, like working at a specific site or using a specific product. This type of evidence must be presented before a jury to win a verdict.


According to an 2005 Rand report that there has been an increase in asbestos-related claims. The report suggests that this is due to a number of factors, including the bankruptcy of companies facing asbestos lawsuits which force remaining companies to accept greater liability, leading to more cases, and lawyers completing as many cases as they can in order to be added to bankruptcy creditor lists.