Asbestos Laws
While a number of countries have banned asbestos However, the United States still uses it. It is used to create products, import, process and sell products.
Several laws govern the use, testing and removal of asbestos. They also cover how the victims can hold companies responsible for their exposure. There are laws that restrict the amount of damages a victim can receive in lawsuits.
Limits on Forum Shopping
Asbestos laws vary by state and can help those who have been exposed to asbestos in the workplace. They can also assist those seeking legal options for asbestos-related injuries. These laws enact and enforce regulations governing asbestos mining construction inspections asbestos removal and disposal, and many more. They can also regulate or ban certain uses for the material, such as for insulation and fire retardants.
Federal laws also regulate asbestos. The Environmental Protection Agency (EPA) regulates asbestos in the construction industry through the Occupational Safety and Health Administration (OSHA). In 1989 the EPA tried to ban all methods of processing and manufacturing asbestos-containing products. However, this policy was not fully implemented.
Many plaintiffs have filed lawsuits against companies that produced or distributed asbestos-containing products, specifically those who didn't adhere to federal and state regulations. These lawsuits, which are sometimes referred to a mass tort litigation, have become a powerful instrument for plaintiff advocates within the mesothelioma communities.
A typical mass tort case has hundreds of defendants. The number of defendants could differ greatly based on area of jurisdiction. For example, the average number of defendants involved in an asbestos-related case in Madison County, Wisconsin, in 2016 was twenty-seven. That compares to 117 defendants in Michigan's Wayne County, the sixth most frequent asbestos venue and 212 defendants in West Virginia's Kanawha County, the eleventh-busiest asbestos venue.
Plaintiff lawyers seek the largest awards possible by filing cases in jurisdictions where the damages awarded are higher. This practice is known as forum shopping, and it can result in inflated awards to asbestos victims. Some states limit forum shopping by requiring that cases be filed in the state where the exposure occurred or by restricting the amount of compensatory damages available to asbestos victims.
By limiting forum shopping and other malpractices, asbestos lawsuits are prevented from requiring huge sums of compensation to victims. These laws can also keep courts busy with legitimate claims, instead of fraudulent or nuisance lawsuits. They can also ease the burden on local courts by limiting asbestos-related cases.
Limits on Successor Liability
Asbestos was used in many everyday products for construction and consumption until the end of the 1980s. As asbestos' dangers became more widely known and the government began to ban the manufacture, importation and processing of asbestos-containing products. In 1989, the Environmental Protection Agency published a final rule which would eventually ban about the 94 percent of asbestos used in the United States. This ban was challenged and overturned in court.
Asbestos manufacturers were able to avoid liability by filing for bankruptcy protection. After filing for bankruptcy the courts ordered them to establish special bankruptcy trusts that would pay the claimants pennies for the losses they suffered. The trusts were established to reduce the number claims filed and speed up the compensation process. But the funds that these trusts accumulated did not cover the costs of everyone whose life had been affected by asbestos exposure.
The federal government reacted by enacting the James L. Zadroga 911 Health & Compensation Act to aid the first responders of 9/11. This law guarantees that they will continue to receive compensation for their health conditions.
The law also provides new benefits for surviving family members of 9/11 first responders who have passed away from an asbestos-related disease. The law also increases the amount of compensation for first responders suffering from mesothelioma or any other illness.
State laws regulating asbestos litigation differ. But many of the laws have similar elements. For instance, certain states require that claimants meet certain medical standards prior to pursuing a lawsuit. Other states have rules for two diseases that limit the number of illnesses that can be filed by one person.
Some states have laws that limit the liability of successor companies acquired through mergers and consolidations of corporations. These laws typically limit a successor's asbestos-related liability to the fair market value of its predecessor's assets, adjusted for inflation.
In certain states, attorneys are prohibited from selecting the jurisdiction where their client's case will be heard to receive an award that is higher. This is known as forum shopping. New Haven asbestos lawyers prevent plaintiffs from filing multiple lawsuits in different jurisdictions in order to increase their award.
Limits on Damages
Asbestos is a cancer-causing agent that poses serious health risks to people who are exposed. State and federal laws limit its use to protect the health of the population. Anyone who has been exposed to asbestos may be able to seek compensation for damages. Asbestos lawsuits cover claims for mesothelioma, asbestosis and other asbestos-related diseases. These cases are extremely complex and require skilled mesothelioma lawyers.
The EPA regulates asbestos use and establishes standards for testing, inspection, and abatement of buildings that contain the harmful material. State and local governments also have their own asbestos laws.
For example, California law prohibits the sale of asbestos-containing products and requires every school conduct an annual check for asbestos. Additionally the state's Environmental Quality Board sets requirements for asbestos abatement contractors.
Many states have passed laws limiting the amount of damages plaintiffs can receive in personal injury lawsuits. The most commonly imposed limits are on non-economic damages, which pay victims for damages that are intangible such as pain and suffering. Some states have caps on punitive damages, which are awarded when the defendant's actions are particularly unjustified.
Some companies that were exposed to asbestos have filed for bankruptcy as a way to escape liability. Victims have the right to bring legal action against negligent companies. To safeguard victims, the courts have passed laws that require these companies to fund bankruptcy funds that provide compensation to victims.
Despite the fact that many asbestos lawsuits were settled, others are still being filed. To keep the number of lawsuits from clogging courts, some states have attempted to limit the amount of compensation that is available to victims and increase the speed of litigation. For instance, a few states have passed laws mandating asbestos victims to disclose their claims to bankruptcy trusts as well as any settlements they receive.
As more people are diagnosed with mesothelioma the law is always changing. A mesothelioma attorney can help patients fight for their rights and understand the laws in their state. The mesothelioma lawyers of MG Law have years of experience in handling asbestos lawsuits. We can help you navigate the process and obtain the compensation you deserve. Contact us for a no-cost consultation today.
Limitations on Litigation
Asbestos laws regulate asbestos use, abatement and litigation. The laws differ by state. State laws also establish statutes of limitations that are the deadlines for filing a lawsuit. The time period for filing mesothelioma lawsuits varies according to the state and the type of claim. For example, personal injury claims have a time limit that begins on the day of diagnosis. Wrongful death cases begin on date of death.
Many states have passed laws that limit the amount of damages awarded in an asbestos case. Most of these caps are based on non-economic damages, like pain and suffering as well as loss of enjoyment of life. Some states have also limited punitive damages. These are the additional damages that a juror could award if they believe that an organization acted particularly poorly.
These limitations have had a negative effect on the number of asbestos lawsuits. These limitations have resulted in large settlements in asbestos cases as well as an overcrowded court docket. Many of these lawsuits were filed by plaintiffs out-of-state. Some states have passed laws to combat this problem. These laws restrict claims from outside the state that are bringing massive settlements within their territory.
These cases are also processed faster when laws that limit the amount the plaintiff can receive are in place. A mesothelioma lawyer can help you receive the compensation that you are entitled to.
Many asbestos lawsuits are filed by people who have developed mesothelioma or other asbestos-related illnesses. These victims often file lawsuits against companies that exposed them to asbestos. Some of these lawsuits are filed as class actions. These lawsuits are based on the theory that one company was responsible for exposing all members of a particular group, such as coal miners or military veterans.
The United States allows asbestos to be used in certain products, despite the fact that most industrialized countries have banned asbestos. Asbestos is usually only permitted in construction materials, and also for a few other uses. A mesothelioma lawyer is familiar with laws and regulations of the state regarding asbestos in order to assist clients with getting the compensation they deserve.