Home

Mesothelioma Litigation

Submitted by Sean on Thu, 2007-02-08 16:30.
The judicial system has seen a steady rise in the number of cases brought before them by a certain area of law. Since 1994, this area of law has doubled the amount of civil lawsuits on the court docket. In turn, the claims have increased each year for mesothelioma litigation.

Mesothelioma litigation falls under the category of asbestos litigation. Malignant mesothelioma is a rare cancer who’s only known cause is asbestos exposure. Asbestos litigation revolves around all injuries incurred as a result of asbestos exposure.

Asbestos was one of the first airborne contaminants to be regulated as part of the Clean Air Act in 1970. Product manufacturers knew the health hazards associated with asbestos exposure long before the harmful mineral was regulated. Asbestos product manufacturers around the world refused to protect their consumers or employees, despite further evidence of asbestos hazards presented over the years. It has made such companies liable for any asbestos-related health problems caused as a result of their actions.

Asbestos Litigation
There has been a steep rise in asbestos litigation in the last 30 years, allowing lawyers and firms to specialize exclusively with asbestos-related cases. Asbestos litigation is premised upon the liability of manufacturers of asbestos and asbestos products, for the harm caused by exposure to these products. It was once thought that asbestos litigation has peaked, but due to the fact that 30 or more years can pass before the asbestos-related diseases manifests itself, a large number of new cases are filed each year.

Asbestos litigation falls into a category of tort law (civil law) because it provides a remedy to parties injured as a result of asbestos exposure. The law firm or attorney associated with this type of litigation must have an expert understanding of asbestos and asbestos-related diseases. Due to the long latency period between asbestos exposure and contraction of asbestos-related diseases, claimants are often unsure of the when, where, and how they came in contact with the fibrous mineral. Asbestos lawyers are responsible to pinpoint the source of the exposure and account for all liable parties.

Mesothelioma Lawsuits
Mseothelioma lawsuits are part of asbestos litigation that began shortly after asbestos was regulated in 1970. Mesothelioma lawsuits provided an avenue for sufferers of malignant mesothelioma could receive compensation from the parties responsible for their asbestos illness.

The attorney handling a mesothelioma lawsuit case is a specialized asbestos lawyer whose focus is mesothelioma litigation. They must show a link between asbestos exposure and an injury suffered by the victim. Mesothelioma lawyers help determine all parties liable for contracting malignant mesothelioma in addition to locating the source of asbestos exposure. This is a difficult task considering the fact that malignant mesothelioma is a disease that can take anywhere from 30 to 40 years to develop and become symptomatic.

Lawsuit Compensation
A number of factors determine the amount of mesothelioma compensation, some of which include medical expenses incurred, pain and suffering, lost wages, state law, and the parties responsible for disease contraction. Studies concluded the eventual cost of litigation would exceed 200 billion dollars in the United States. Settlements out of court are often made to avoid the possibility of high mesothelioma compensation rulings.

Many believe in the legal industry, that a global settlement model is needed to ensure future mesothelioma claimants are able to receive compensation for their suffering. Congress is considering the Fairness in Asbestos Injury Resolution Act (FAIR), legislation prompting the establishment of a 140 billion dollars mesothelioma compensation trust through which victims receive resolution for their pain and suffering. The FAIR act has evolved from previous attempts at setting up a trust fund, all of which failed due to the inability of defendant corporations, insurance companies, and claimant attorneys to reach an acceptable compensation structure.

Types of Mesothelioma Lawsuits lets examine the various types of lawsuits associated with mesothelioma and asbestos exposure related cases.