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What is Asbestos Litigation? Each asbestos lawsuit is different and the process differs according to the type of claim that is filed. A plaintiff must usually prove that asbestos exposure caused their illness and provide evidence of damages. Compensation can help victims pay for mesothelioma treatments that last a lifetime and support their families. A top mesothelioma law firm can determine if a patient is eligible to file a lawsuit against asbestos. The History of Asbestos Litigation In the US, unlike other countries that have central compensation programs for asbestos-related victims to aid them in getting the financial assistance they require the majority of asbestos victims are forced to sue to obtain the financial support they need. In the early 1980s, a major wave of litigation against asbestos producers began. These lawsuits were fueled with evidence that these companies knew their asbestos products could pose a risk and did not 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. His lawyer, Ward Stephenson, named 11 asbestos insulation producers and other products as defendants in a lawsuit filed in 1969. When the first lawsuit was filed, medical researchers were just beginning to recognize the link between exposure to asbestos and illnesses like mesothelioma. But the asbestos industry's lobbyists were determined to stop the findings from being made public. Despite lobbyists' best efforts in the mid-1970s asbestos-asbestosis connection was widely reported in national publications like The New York Times, that were focusing about the link between asbestos and diseases like asbestosis and mesothelioma. As time went by numerous companies that mined or produced asbestos failed due to the numerous asbestos lawsuits they had to face. Some of these companies admitted that they were aware of asbestos's dangers but did not warn their employees and customers. This, along with the increasing awareness of the connection between asbestos exposure and mesothelioma has resulted in a legal battle that continues to rage on. While every asbestos lawsuit is different, the basic principles remain the same. In order to have a successful mesothelioma claim the plaintiff must demonstrate that they were exposed to asbestos and are suffering from an asbestos-related disease and that their condition is directly related to the exposure. The victim must be able to demonstrate that their injuries have caused a loss of quality of life, including reduced wages as well as pain and suffering, among other losses. The person who is the plaintiff in a mesothelioma lawsuit must be willing to take part actively in the legal process. This includes responding to discovery requests and attending a deposition, and also providing documents such as medical bills and employment records. The victim should also be able to give details regarding their asbestos exposure, such as where and when it occurred. Mesothelioma Cases Asbestos sufferers must have access to the most effective legal representation. A reputable law firm has the resources to investigate asbestos-related companies and determine the place where exposure occurred in each mesothelioma situation. Attorneys may file a suit to hold the responsible parties accountable for the asbestos victims' medical expenses, lost wages and other losses. If the defendants are discovered to be deceitful or malicious, they can also seek punitive damage. Compensation for asbestos-related victims also includes wrongful death awards, which are given to the family members of the victim following they lose a loved one to mesothelioma, or other asbestos-related illnesses. Attorneys can seek mesothelioma lawsuits on behalf of people across all 50 states and across the world. Multiple entities, including employers or insurance companies, product manufacturers and others, may be sued for asbestos exposure. The lawsuits can be filed as individual claims or as class actions, and they could be filed at the federal or state level. In 2005, Congress considered legislation but did not adopt it to establish a trust fund worth $140 billion to be used in lieu of asbestos litigation. The legislation was not supported by corporations or victims. It would have taken money held by bankruptcy trusts and asbestos manufacturers and insurance companies. Lawyers expect that the mesothelioma verdicts and settlements will continue to grow throughout the course of the year. These settlements and verdicts 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 trial verdicts. Asbestos attorneys have represented people affected by asbestosis, mesothelioma and other asbestos-related diseases across every state in the United States and abroad. In most cases, an asbestos lawyer will examine the mesothelioma diagnosis of a patient and their work background to determine the time and manner in which they were exposed asbestos. It is essential for victims to remember their asbestos exposure as long as possible so their attorney can investigate their claims. To assist in the review process, it's beneficial for asbestos victims to exposure to compile a list. Mesothelioma Lawsuits Those diagnosed with an asbestos-related disease have legal options for compensation. The compensation from a mesothelioma suit may aid families and victims pay for funeral expenses, medical bills as well as other expenses. It can also help victims cope with financial difficulties caused by mesothelioma treatments and loss of income. The best way to determine if you are eligible for mesothelioma compensation is to contact an asbestos lawyer who is experienced. A mesothelioma lawyer can evaluate your case to determine who was accountable for exposing you to asbestos. Your former employer or the producer of asbestos-related products may be defendants. A lawsuit may name a variety of defendants in the hope of settling. If Chicago asbestos attorney can be reached, the case will be heard in court. Several years often occur between exposure to asbestos and the diagnosis of mesothelioma or another related disease. This makes it difficult for mesothelioma patients to prove that their illness was caused by exposure to asbestos and not the result of other factors. A knowledgeable mesothelioma lawyer will have numerous resources to gather evidence and present an argument that is persuasive. The defendants named in mesothelioma cases may be a challenge because a lot of the companies that are responsible for asbestos-related illnesses no longer exist. Some have been bankrupted and changed their organization and others have set up up trust funds to compensate asbestos victims. A mesothelioma lawyer can help patients in pursuing compensation from the trust fund. The majority of mesothelioma cases are filed in federal courts or state courts with experience in asbestos cases. Asbestos laws differ from one state to another. A mesothelioma attorney who is knowledgeable will be able to recognize the specifics of each state and recommend the most appropriate venue for your case. It is essential to submit your mesothelioma claim in the earliest time possible. You may have a limited time to file a claim following the diagnosis due to a slender time limit. An experienced mesothelioma law firm will ensure that your claim is filed before the time limit expires. They will also determine other avenues to get compensation for mesothelioma. Settlements for Mesothelioma The majority of mesothelioma cases are settled outside of court due to the fact that asbestos-related companies have been into bankruptcy throughout the years. Compensation is awarded depending on the type and location of the exposure, as in addition to the victim's medical health. Mesothelioma lawyers will use their experience to ensure that victims receive the full amount of compensation. Asbestos victims should seek legal representation immediately because the statutes of limitations differ from state to state and are often difficult to comprehend. A reputable mesothelioma law firm can determine the proper jurisdiction and identify all liable companies. A national law firm is also more capable of determining how asbestos was used and distributed across the country. If a victim can provide documentation of their asbestos exposure, an attorney will make a claim on the victim's behalf. An attorney for mesothelioma will review the documentation and collect any additional evidence that is needed. Discovery is the process of obtaining this evidence. During discovery, mesothelioma attorneys can question company representatives and obtain more details regarding asbestos exposure. The goal of mesothelioma lawsuits is to hold asbestos producers accountable for their wrongful actions and to ensure compensation for victims and their families. The defendants in mesothelioma cases deliberately put the health and safety of their employees at risk. For decades they ignored asbestos experts' warnings and continued to use this dangerous material in their products. In mesothelioma lawsuits, it is often discovered that the companies involved in the manufacture of asbestos did not inform their employees or customers about the dangers of asbestos. This led to the fact that thousands of people were exposed to the harmful fibers and later diagnosed with mesothelioma, or other asbestos-related diseases. If a mesothelioma victim dies before the case is settled, their estate can seek compensation. Wrongful death awards are typically granted to compensate the victim's family for the loss of income, funeral expenses, suffering and pain. Because of the long mesothelioma litigation timeline it is essential for asbestos sufferers to seek legal representation as soon as they can. A mesothelioma lawyer who is skilled can aid the family of the victim in submitting a lawsuit and increasing the settlement amount.