What is Asbestos Litigation?

Each asbestos lawsuit is unique, and the process varies depending on the type of claim that is filed. In general, a plaintiff has to prove that exposure to asbestos triggered the illness, and must provide evidence of damages.

Compensation can allow victims to afford mesothelioma-related treatments that can last for a lifetime and help their families. A top mesothelioma law firm can determine if a patient is qualified to file an asbestos lawsuit.

The History of Asbestos Litigation

In the US, unlike other countries that have centralized compensation programs for asbestos victims to aid them in getting the financial assistance they require many asbestos victims are required to sue for the financial aid they require. In the beginning of the 1980s, a significant wave of litigation against asbestos manufacturers commenced. The lawsuits were fueled by evidence that asbestos products could be dangerous and did not inform workers of the dangers.

The first asbestos lawsuit to go to trial in the United States was filed on behalf of insulation worker Claude Tomplait. Ward Stephenson, his lawyer, named 11 companies and manufacturers who made asbestos insulation as defendants in the lawsuit of 1969.

Medical researchers were just beginning to establish links between asbestos exposure and a variety of illnesses like mesothelioma at the time this first lawsuit was filed. The asbestos industry's lobbyists, however determined to keep these discoveries secret. Despite their best efforts in 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 connection to diseases like asbestosis and mesothelioma.

As time went on many companies that mined or manufactured asbestos filed for bankruptcy because of the apex number of asbestos lawsuits. Some of these companies admitted that they knew about asbestos' dangers however, they failed to inform their employees and customers. This, along with the growing awareness of the link between mesothelioma and asbestos exposure has led to a legal blaze that continues to rage on.

While each asbestos lawsuit is unique but the basic principles remain the same. To be able to file a successful mesothelioma lawsuit, the plaintiff must prove that they were exposed to asbestos and are suffering from an asbestos-related disease and that their condition is directly caused by the exposure. The victim must be able to prove that their injuries have caused a loss of quality of life, such as diminished wages as well as pain and suffering, among other losses.

The plaintiff must be able and willing to participate fully in the legal process. This includes responding to discovery requests and attending a deposition as well as submitting documents like medical bills and employment documents. In addition the victim should be able provide evidence about their asbestos exposure, including the date and location where they were exposed to asbestos.

Mesothelioma Cases

Asbestos victims must have access to the best legal representation. An experienced law firm will have the resources to investigate asbestos-related companies and determine the place the source of exposure for each mesothelioma instance.

Attorneys can bring a lawsuit against the responsible parties to recover medical expenses, lost wages and other losses suffered by asbestos victims. They may also demand punitive damages if defendants are found to have acted in a fraudulent manner or with intent.

Compensation for asbestos victims also include the wrongful death award, which are given to the family members of the victim following they lose a loved one to mesothelioma or any other asbestos-related disease. Attorneys can pursue mesothelioma lawsuits on behalf of people across all 50 states and around the globe.

Many entities, like employers, insurance companies, manufacturers of products and others, may be sued for asbestos exposure. The 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 the trust fund of $140 billion to cover asbestos litigation. The legislation was not well supported by victims or corporations. It would have taken money held by asbestos manufacturers and bankruptcy trusts, as well as insurance companies.

Lawyers expect that the mesothelioma settlements and verdicts will continue to rise throughout the rest of the year. The settlements and verdicts are the result of asbestos patients who have a constant legal representation.

Legal representatives representing asbestos victims have secured more than $100 million in settlements and verdicts in trials. Asbestos lawyers have represented clients with asbestosis and mesothelioma, as well as other asbestos-related diseases, in every state of the United States and overseas.

In the majority of cases, an asbestos lawyer will examine a victim's diagnosis of mesothelioma and their work background to determine when and how they were exposed to asbestos. It is crucial for those who suffer from asbestos to remember their asbestos exposure as vividly as possible so their attorney can look into their claims. To help with the review process, it's helpful for victims of asbestos exposure to create a list.

Mesothelioma Lawsuits

Those diagnosed with an asbestos-related disease have legal options to seek compensation. Compensation from a mesothelioma case may aid the families of victims and others pay for medical expenses, funeral expenses, and other expenses. It could also assist victims overcome the financial hardships caused by mesothelioma treatments and loss of income. The best way to determine eligibility for mesothelioma compensation is to contact an experienced asbestos attorney.

A mesothelioma lawyer will analyze your case in order to determine who is accountable for exposing you to asbestos. Your former employer or the producer of asbestos-related items could be defendants. Redding asbestos attorneys may name a variety of defendants with the intention of settling. If no settlement is reached, the case will go to trial.

A number of years may occur between exposure to asbestos and the diagnosis of mesothelioma or a related illness. This makes it difficult for patients to prove that their illness was caused by asbestos exposure and not a result of other factors. An experienced mesothelioma lawyer has numerous resources to collect evidence and build an argument that is convincing.

The defendants in mesothelioma cases can be complicated because many of the companies that are responsible for asbestos-related illnesses are no longer in existence. Some have gone bankrupt and restructuring, while others have set up trust funds to compensate asbestos victims. A mesothelioma attorney can assist victims in seeking compensation from the appropriate trust fund.

The majority of mesothelioma lawsuits are filed in federal court or state courts with expertise in handling asbestos cases. Asbestos laws differ from state to state. A mesothelioma lawyer who is experienced understands the specifics of each state and can recommend the right place for your case.

It is important that you file your mesothelioma lawsuit as soon as possible. There are strict statutes of limitation that restrict how long you are able to file a claim following the diagnosis. A mesothelioma lawyer will be sure that your claim is filed before the expiration date of the statute of limitations. They will also suggest other ways that you can get compensation for mesothelioma.

Settlements for Mesothelioma

Most mesothelioma cases settle out of court because asbestos-related companies have gone bankrupt over the years. Compensation is awarded according to the nature and location of the exposure, as in addition to the victim's medical health. Mesothelioma attorneys will use their expertise to ensure that victims receive full compensation.

Asbestos victims should seek legal representation immediately because limitations on liability vary from state-to-state and are often difficult to comprehend. A skilled mesothelioma law firm will be able to identify the proper jurisdiction and identify all the responsible companies. A national law firm is also better at determining the manner in which asbestos was used and distributed across 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 lawyer will review the paperwork and gather additional evidence if required. The process of gathering this evidence is known as discovery. In the course of discovery, mesothelioma lawyers can question company representatives and get more information about asbestos exposure.

The aim of mesothelioma cases is to hold asbestos companies accountable for their negligence and secure compensation for mesothelioma patients and their families. The defendants in mesothelioma lawsuits are aware of putting the health and safety of their workers at risk. They ignored asbestos experts' warnings for decades and continued to use the dangerous material in their products.

During mesothelioma cases it is often found that the companies involved in the manufacturing of asbestos failed to inform their employees or their customers about its dangers. This led to the fact that thousands of people were exposed to the harmful fibers and were diagnosed with mesothelioma or other asbestos-related diseases.

If a mesothelioma patient dies before the case is settled, their estate may make a claim for compensation. The wrongful death award is typically awarded to compensate the victim's family for the loss of income, funeral expenses and suffering and pain.

Due to the lengthy mesothelioma lawsuit timeframe, it is vital for asbestos victims to find legal representation as soon as possible. A mesothelioma lawyer will help the victim's family file a lawsuit, and increase the settlement amount.