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What is Asbestos Litigation? Each asbestos lawsuit is distinct and the process differs according to the type of claim that is filed. A plaintiff must generally prove that asbestos exposure caused their illness and show evidence of damages. Getting compensation may help victims pay for mesothelioma treatments that last a lifetime and provide support to their families. A reputable mesothelioma lawyer will determine if a victim is able to sue for asbestos. The History of Asbestos Litigation In the US, unlike other countries that have centralized compensation programs for asbestos victims, which assist them in obtaining the financial aid they require, most asbestos victims are forced to sue for the financial aid they require. In the early 1980s a spate of lawsuits against asbestos producers began. These lawsuits were fuelled by evidence that these companies knew that their asbestos products could be dangerous and failed to warn workers of the dangers. The first asbestos case to go to trial in the United States was filed on behalf of insulation worker Claude Tomplait. His lawyer, Ward Stephenson, named 11 asbestos insulation manufacturers and other products as defendants in a lawsuit filed in the year 1969. When the first lawsuit was filed, medical researchers were just beginning to recognize the link between exposure to asbestos and illness such as mesothelioma. The asbestos industry's lobbyists however, were determined to keep their discoveries secret. Despite the lobbyists' best efforts, by the mid-1970s, news of the asbestos-asbestosis connection was widely reported in national publications, such as The New York Times, which were reporting on the link to illnesses like asbestosis and mesothelioma. As time passed, dozens of companies that mined or produced asbestos went bankrupt because of the numerous asbestos lawsuits that they had to defend. Some of these companies even admitted knowing about asbestos' dangers, but they did not inform their employees or their customers. This, along with the growing awareness of the connection between mesothelioma and asbestos exposure has caused a legal fire that continues to this day. Although every asbestos lawsuit differs, the basic principles remain the same. In order to be successful in claiming for mesothelioma the plaintiff must show that they were exposed to asbestos, that they suffer from an asbestos-related condition, and that their illness was directly caused by that exposure. The victim must also show that their injuries led to an impairment in their quality of life, for example, lower wages, pain and discomfort, and other damages. The person who is suing mesothelioma lawsuit must be willing to take part actively in the legal process. This includes responding to discovery requests as well as attending a deposition and providing documents such as medical bills and employment documents. The victim must also be able provide details about their asbestos exposure, including where and when it occurred. Mesothelioma Cases Asbestos sufferers must have access to the best legal representation. An experienced law firm will have the resources to conduct an investigation into asbestos companies and determine where exposure occurred for each mesothelioma case. Attorneys may file an action against the responsible parties to recover the medical expenses, lost wages and other losses of asbestos victims. If the defendants are discovered to be deceitful or malicious, they can also seek punitive damage. Compensation for asbestos victims also include the wrongful death award that are awarded to the family members of the victim following they lose a loved one to mesothelioma or any other asbestos-related disease. Attorneys can file mesothelioma suits on behalf of individuals all over the world. Mesothelioma lawsuits can be filed against multiple entities responsible for asbestos exposure, which includes employers or product manufacturers, as well as insurance companies. These lawsuits may be brought at the federal or state level as individual claims, or as class actions. In 2005, Congress considered but did not approve legislation to establish the trust fund of $140 billion to cover asbestos litigation. The legislation was not supported by corporations or victims. It would have taken funds held by asbestos manufacturers and bankruptcy trusts and insurance companies. Lawyers anticipate that mesothelioma verdicts and settlements will continue to grow throughout the rest of the year. These verdicts and settlements are the result of persistent asbestos victims and their 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 those impacted by mesothelioma, asbestosis and other asbestos-related diseases across all states in the United States and abroad. In most cases an asbestos lawyer will review the diagnosis of a mesothelioma sufferer and their work background to determine the time and manner in which they were exposed to asbestos. It is important for victims to keep a record of their asbestos exposure as much as they can, so that their attorney can investigate their claims. It is helpful for victims to create a list of their work history and asbestos exposure to aid the review process. Mesothelioma Lawsuits Anyone diagnosed with asbestos-related diseases could be qualified for compensation. Compensation from a mesothelioma lawsuit could help victims and their families pay for funeral expenses, medical bills and other costs. It may also assist victims overcome financial hardship due to mesothelioma treatment and loss of income. Contacting an asbestos lawyer is the best method to determine whether you qualify for compensation. A mesothelioma lawyer will review your case to determine who is responsible for the exposure you received to asbestos. Your former employer or the manufacturer of asbestos-related products could be defendants. To negotiate a settlement, a lawsuit will name several defendants. If no settlement is reached, the case will go to trial. Many years can pass between exposure to asbestos and diagnosis of mesothelioma or another related illness. It is challenging for those suffering of asbestos-related illnesses to prove that their illness was not the result of other causes. A mesothelioma lawyer with experience has numerous resources to gather evidence and present an argument that is persuasive. The defendants in a mesothelioma lawsuit can be complicated because many of the companies that are responsible for asbestos-related illnesses have ceased to exist. Some have been bankrupted and changed their organization and others have set up trust funds to pay asbestos victims. A mesothelioma lawyer may help victims obtain compensation from the trust fund. The majority of mesothelioma lawsuits are filed in federal courts or state courts with experience dealing with asbestos cases. However, the laws impacting asbestos litigation vary from state to state. A mesothelioma lawyer who is skilled will know the nuances of each jurisdiction and suggest the most appropriate venue for your case. It is crucial to submit your mesothelioma claim as soon as possible. You may only have a limited time to file a claim following your diagnosis due to a strict time limit. A mesothelioma lawyer will be sure that your claim is filed prior to the time limit expiring. They will also determine whether there are other options to get compensation for mesothelioma. Berkeley asbestos lawyer settle outside of court due to the fact that many asbestos companies have gone bankrupt throughout the years. Compensation awarded is usually dependent on the type of exposure, where it occurred, and the victim's medical condition. Mesothelioma lawyers will utilize their expertise to ensure victims receive full compensation. It is important for asbestos victims to seek legal assistance immediately, as the statutes of limitation vary according to state and are difficult to understand. A mesothelioma lawyer will be able determine the proper jurisdiction and identify the businesses which are responsible. A national law firm will also be better able to determine how asbestos was used in the country. An attorney can submit a claim for a victim if they can prove their asbestos exposure. A mesothelioma lawyer will go through the documents and gather any additional evidence that is needed. Discovery is the process of obtaining this evidence. During discovery, attorneys representing mesothelioma can ask company representatives questions and receive more information about asbestos exposure. The purpose of mesothelioma lawsuits is to hold asbestos manufacturers accountable for their wrongful actions and to secure compensation for mesothelioma patients and their families. In mesothelioma lawsuits, the defendants knowingly put their workers health and safety at risk. For decades they ignored the warnings of asbestos experts and continued to use the dangerous material in their products. In mesothelioma lawsuits it is often revealed that asbestos producers failed to inform their employees and customers about asbestos's dangers. Because of this thousands of people have been exposed to harmful fibers. They were then diagnosed with mesothelioma or other asbestos-related diseases. If a mesothelioma patient passes away before the case is resolved, the estate can pursue a wrongful death claim to recover compensation. The family of the victim receives compensation for their loss of income, funeral expenses as well as pain and suffering by wrongful death awards. It is essential asbestos sufferers get legal representation as quickly as they can, due to the lengthy timeframe for mesothelioma cases. An experienced mesothelioma attorney will aid the family of the victim in submitting a lawsuit and maximizing the settlement amount.