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What is Asbestos Litigation? Each asbestos lawsuit is different and the process differs depending on the type of claim that is filed. In general, a plaintiff must prove that exposure to asbestos caused their illness, and must show proof of the damage. Compensation can allow victims to afford mesothelioma-related treatments that can last for a lifetime and provide support to their families. A reputable mesothelioma lawyer will determine if the victim is able to pursue asbestos-related claims. The History of Asbestos Litigation In the US, unlike other countries that have central compensation programs for asbestos victims, which assist them in obtaining the financial aid they need the majority of asbestos victims are forced to sue for the financial assistance they require. In the early 1980s, a spate of lawsuits involving asbestos manufacturers started. These lawsuits were fuelled by evidence that these companies knew that their asbestos products could pose a risk and failed to warn workers of the dangers. 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 identified 11 companies, including manufacturers, who made asbestos insulation as defendants in the lawsuit filed in 1969. When the first lawsuit was filed medical researchers were just beginning to identify links between exposure to asbestos and illnesses like mesothelioma. The asbestos industry's lobbyists, however were determined to keep their findings from being made public. Despite the lobbyists' best efforts, by the mid-1970s, news of the asbestos-asbestosis connection was widely reported in national publications like The New York Times, which were reporting on the link to illnesses like asbestosis and mesothelioma. As time went on many companies that mined or manufactured asbestos filed bankruptcy due to the overwhelming number asbestos lawsuits. Certain companies acknowledged that they were aware of the dangers associated with asbestos but did not warn their employees and customers. This fact, combined with the increasing awareness of the link between mesothelioma and asbestos exposure has caused a legal fire that continues to rage on. While every asbestos lawsuit is different but the basic tenets remain the same. To be able to file a successful claim for mesothelioma the plaintiff must prove that they were exposed to asbestos and that they suffer from an asbestos-related illness and that their condition is directly attributed to exposure to asbestos. The plaintiff must also prove that their injuries resulted in a loss in quality of life, such as diminished wages, pain and discomfort, and other damages. The person who is suing mesothelioma claim must also be willing to participate actively in the legal process. This involves responding to requests for discovery, attending a deposition and providing documents like medical bills and employment records. In addition the victim must be able provide evidence of their asbestos exposure, including where and when they were exposed to asbestos. Mesothelioma Cases Asbestos sufferers require the most effective legal representation. An experienced law firm has the resources to conduct an investigation into asbestos-related companies and determine the place where exposure occurred for each mesothelioma instance. Attorneys may 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 fraudulently or with intent. Compensation for asbestos-related victims also includes the wrongful-death award that are awarded to the victim's family after they lose a loved one to mesothelioma or any other asbestos-related disease. Attorneys can file mesothelioma suits on behalf of individuals anywhere in the world. Multiple entities, including employers as well as insurance companies, manufacturers of products and many others, could 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 but did not pass legislation to establish an $140 billion trust fund in lieu of asbestos litigation. However, the legislation was not backed by corporations or victims, and the bill would have taken money held in reserve by asbestos manufacturers, bankruptcy trusts and insurance companies. Lawyers believe that mesothelioma verdicts and settlements will continue to rise throughout the course of the year. Santa Monica asbestos lawsuit and verdicts are the result of asbestos patients' persistent legal representation. Legal representatives representing asbestos victims have recovered more than $100 million in settlements and verdicts on behalf of their clients. Asbestos lawyers have represented clients suffering from asbestosis and mesothelioma and other asbestos-related illnesses across every state in the United States and overseas. In the majority of cases, an asbestos lawyer will examine the diagnosis of a mesothelioma sufferer and their employment background to determine when and how they were exposed to asbestos. It is important for victims to remember their asbestos exposure as long as they can, so that their attorney can investigate their claims. It is helpful for victims to keep an inventory of their work background and asbestos exposure to help in the review process. Mesothelioma Lawsuits Anyone diagnosed with asbestos-related ailments could be eligible for compensation. The compensation offered by a mesothelioma lawsuit can help victims, their families and others pay for medical costs, funeral expenses, and other expenses. It can also help victims cope with financial difficulties caused by mesothelioma therapies and loss of income. The best way to determine whether you are eligible for mesothelioma compensation is to contact an experienced asbestos lawyer. A mesothelioma attorney will evaluate your case to determine who is accountable for exposing asbestos to you. Your former employer or the producer of asbestos-related products could be defendants. To settle a case the lawsuit will identify multiple defendants. 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 illness. It is challenging for those suffering of asbestos-related diseases to prove their illness was not the result of other causes. A mesothelioma lawyer with a wealth of resources can gather evidence and present an argument that is persuasive. The defendants named in a mesothelioma lawsuit is a bit tangled because many of the companies responsible for asbestos-related illnesses no longer exist. Certain companies have declared bankruptcy, reorganized or established trust funds for asbestos victims. A mesothelioma lawyer can assist victims pursue compensation from the trust fund. Most mesothelioma cases are filed in federal courts or state courts with expertise in asbestos cases. The laws regarding asbestos differ from state to state. A mesothelioma lawyer who is knowledgeable will be able to recognize the specifics of every jurisdiction and recommend the most appropriate venue for your case. It is important to make your mesothelioma claims in the earliest time possible. There are strict statutes of limitations that can limit how long you have to file a claim after your diagnosis. A mesothelioma lawyer who is experienced will ensure that your claim is filed before the time limit expires. They will also determine other ways that you can receive compensation for your mesothelioma. Mesothelioma Settlements Since a number of asbestos companies went bankrupt many years ago, mesothelioma lawsuits are settled out of court. Compensation is determined according to the nature and location of the exposure, as in addition to the victim's medical condition. Mesothelioma lawyers will draw on their experience to ensure victims receive the full amount of compensation. Asbestos sufferers should seek legal assistance immediately as statutes of limitation vary from state-to-state and are often difficult to understand. A mesothelioma lawyer who is skilled can determine the proper jurisdiction and determine all liable businesses. A national law firm is more able to determine how asbestos was used and distributed across the country. An attorney will file a claim for the victim if they are able to provide evidence of their exposure to asbestos. A mesothelioma lawyer can review the documents and gather additional evidence if required. Discovery is the process of gathering this evidence. During discovery, attorneys representing mesothelioma may ask representatives from companies questions and obtain more details regarding the asbestos exposure. The purpose of mesothelioma lawsuits is to hold asbestos manufacturers accountable for their negligent acts and secure compensation for victims and their families. In mesothelioma lawsuits, the defendants are aware that they put their employees' health and safety risk. For decades they ignored asbestos experts' warnings and continued to use the hazardous material in their products. During mesothelioma cases it is often discovered that the companies involved in the manufacture of asbestos didn't inform their employees or their customers about the dangers of asbestos. In the end, thousands of people were exposed to harmful fibers and later diagnosed with mesothelioma or other asbestos-related diseases. If a mesothelioma patient passes away before their case is resolved, the estate can pursue a wrongful death claim to recover compensation. These awards are usually given to compensate the victim's family for lost income funeral expenses, pain and suffering. It is crucial asbestos sufferers get legal representation as quickly as possible, due to the lengthy timeframe for mesothelioma cases. A skilled mesothelioma attorney can assist the victim's family in submitting a lawsuit and maximising the amount of settlement.