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Muncie asbestos lawsuit can be a bit complicated and time consuming. Lawsuits involve multiple defendants; discovery can be expensive and time consuming; and statutes of limitation vary from state to state. Lawyers for mesothelioma must establish that the victim was exposed asbestos and diagnosed with a condition that is related to asbestos, like mesothelioma, lung cancer, or another disease. They must also prove the damages that resulted from the exposure. Asbestos Litigation History In the early 20th century, the earliest asbestos lawsuits were filed in the US. In the 1960s, scientists had discovered that exposure to asbestos could trigger mesothelioma, asbestosis and other serious diseases. Companies that mined asbestos as well as those who manufactured asbestos were slow to respond. In general, the law requires that the producers of a dangerous product notify consumers. In the early years of litigation, victims' families and the plaintiffs struggled to receive the compensation they were entitled to. Plaintiffs often had to fight insurance companies and asbestos manufacturers in order to receive compensation. A lot of asbestos companies were able to escape lawsuits when they declared bankruptcy. The bankruptcy survivors were forced to set up trusts that would pay compensation to victims for pennies on the dollar. This limited the number of claimants and reduced the amount of damages that victims could receive in the court. Over the years, attorneys have been able to prove that asbestos producers were aware about the dangers their products could pose. They even tried to hide this knowledge from the public. These instances have revealed that certain companies were willing to place profits ahead of public safety. In 1969, attorney Ward Stephenson filed the first asbestos products liability suit in the US on behalf of Claude Tomplait. Tomplait was a captain of a ship and worked in oil refineries near the border between Louisiana and Texas. He eventually developed mesothelioma and was awarded a settlement by the Fifth Circuit U.S. Court of Appeals. Although every mesothelioma lawsuit is unique, there are some factors that all claimants must establish to win a mesothelioma lawsuit. The victim must typically demonstrate that they were exposed, that they have been diagnosed with an asbestos-related disease and that their condition was caused by asbestos exposure. Additionally, they need to prove the extent of their losses. Asbestos sufferers must file a mesothelioma claim or any other asbestos-related claim prior to the time that the statute of limitations for their state ends. The statute of limitations for mesothelioma differs from one state to another, however, it's usually between one and three years. To ensure that you do not miss the deadline, asbestos victims and their family members must seek out a mesothelioma lawyer as soon as they can. Mesothelioma Litigation The History Asbestos litigation is a legal process that is brought by the victims and their families to seek compensation for medical costs lost wages, suffering and pain. Financial compensation could help those suffering from asbestos-related diseases pay for life-extending treatments and provide support to their families when they are unable to work. It also assists the families of victims to avoid bankruptcy. Anyone who is diagnosed with an asbestos related disease must file a lawsuit as soon as they can. A lot of states have strict statutes of limitation or time limits which limit the amount of time someone is required to file a suit after being diagnosed with asbestos. Before the late 1960s most asbestos-related victims were unaware that they could become sick after being exposed to asbestos. Even so, researchers already knew there was an association between exposure to asbestos and lung diseases and damage. The asbestos industry, however, kept this information from employees and the general public in order to reap the benefits of asbestos-related products. Nellie Kershaw, a 33-year-old woman from England, filed the first lawsuit against asbestos companies in the early 1920s. Kershaw was employed in a factory which made asbestos fibers into yarn in Rochdale, England. She was in close contact with asbestos and developed respiratory issues due to it. She tried to convince her employer to pay for her treatment but they refused. Her death certificate linked her death to asbestos exposure. She died from fibrosis in the lungs. After this companies were accused of concealing asbestos risks and failing to inform workers about the dangers. Manufacturers and insurers tried to evade responsibility by arguing that only certain levels of exposure are hazardous, but studies have demonstrated that there is no safe amount of asbestos exposure for people. These arguments have not frightened the courts. Insurers have had to establish trust funds to compensate people whose lives have been devastated by asbestos. Asbestos litigation is among the longest-running mass tort of all time. People with mesothelioma and other asbestos-related illnesses should make a claim against the companies that exposed them to the disease as soon as is possible. A mesothelioma lawyer can help victims determine the amount of compensation they could receive if their lawsuit is successful. Asbestos Litigation Today Asbestos litigation has become a major issue in the present day. It has impacted a variety of industries, and has led to them being forced into bankruptcy and to create trust funds to compensate their victims. Many workers have also been diagnosed with asbestos-related diseases. As a result of exposure to asbestos thousands of people have died. As their health declines, and they struggle to pay their bills, many more suffer from mounting medical costs and financial losses. Lawsuits against asbestos defendants are continuing to rise. Some lawyers are concerned that trial docket pressures are forcing judges to adopt actions that speed up the trials and produce potentially less equitable results including consolidated cases and shorter periods of time for discovery. Some defendants are now asserting that plaintiffs are unfairly attacking them unfairly. They argue that a number of the same companies have been involved in asbestos litigation for decades and that dozens of these defendants have gone bankrupt. They claim that their assets have been stripped and that the amount of money awarded in settlements does not adequately compensate victims. The defendants are also concerned that the number of lawsuits increasing rapidly and they are attempting to find ways to manage the number of lawsuits. They claim that litigation costs have a negative impact on their earnings and that juries awards are more than what they can pay in settlements. As more and more people are diagnosed with this deadly disease the number of lawsuits for mesothelioma continues to increase. This is why some companies are refusing to settle. Additionally the corruption allegations against former New York Assembly Speaker Sheldon Silver have put a spotlight on the shady relationships between asbestos lawyers 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 successful mesothelioma verdict or settlement could aid victims and their families get compensation for losses, such as medical bills, property loss as well as emotional distress, lost wages and the death of loved ones. A successful case could also award punitive damages in order to punish the defendant and discourage others from engaging in similar wrongful conduct. Real Estate Litigation Asbestos fibers enter the lungs via the lymphatic system after being inhaled. They may eventually cause mesothelioma, as well as other illnesses. This asbestos-related cancer affects lung's lining as well as the chest cavity, or peritoneum. Patients who have been diagnosed with mesothelioma or any other asbestos-related disease should contact an experienced mesothelioma lawyer for compensation. The first step to file mesothelioma lawsuits is to gather information and documents. This process could be a long time. During this time, the legal team will conduct interviews with workers who were exposed to asbestos. They may also speak to family members, abatement workers, or suppliers who worked with the injured individual. This will help them create a database of possible defendants. Once this information is gathered attorneys can begin the process of connecting employers, products, vendors and other factors to the person's exposure. A lawsuit must establish that the mesothelioma of the plaintiff was caused by exposure to asbestos-containing products. It must also be shown that the defendant was aware of the dangers that came with the product but did not warn consumers or workers. The lawyers will employ the Restatement of Torts to prove this. It says that any person who sells an item “in an environment that is dangerous to the user or consumer” could be held accountable for damages. Asbestos cases are also subject to federal and state laws as well as the law of case. The law, for example, states that plaintiffs have to demonstrate that they were exposed in a particular way, like being on a job site or using certain products. In order to be awarded a verdict this type of evidence needs been presented to the jury. According to a 2005 Rand report, there is an increase in asbestos claims. The report suggests that this is due to a variety of factors, including bankruptcy of companies facing asbestos lawsuits which force remaining companies to take on more responsibility and resulting in more cases, and lawyers filing as many cases as they can to be included on creditor lists for bankruptcy.