Search This Blog

Sunday, September 12, 2010

The Facts & Figures Behind Mesothelioma Legal Battle in The USA

Asbestos litigation is a legal world of its own with fluid situation within as you will see in the sections below. Honestly, seeking a worker’s compensation claim or any claim associated with mesothelioma or any workplace personal injury can be very complicated and it will therefore be in the best interest of anyone seeking worker’s compensation to seek the advice of a competent mesothelioma lawyer.

As research study document on asbestos litigation showed that as at the end of 2002, about 730,000 individuals claiming physical harm from asbestos exposure had filed suit against 8,400 corporations and businesses in the USA and as a result of these claims also about seventy corporations had filed for bankruptcy protection over their asbestos liability. As at mid 2009, the number of bankruptcy fillings has reached one hundred. According to this data obtained from the internet, alleged corporate cover–up of the dangers of asbestos, has resulted in nearly three-quarters of a million cases filed since the 1970s and half a million of which have been filed since 1990. By 2006, some $70 billion had been spent on asbestos litigation. The current trends has also indicated that such litigation may cost as much as $195 billion more in the coming years.  Since the litigation for mesothelioma claim started many companies have been forced to bankruptcy due to billions of dollars that have been paid as compensation.

For this reason, the major aim of filing for bankruptcy by asbestos mining companies and product manufacturers has been to gain temporary protection from losing all their assets to asbestos lawsuits and the bankruptcy cases were obviously meant to allow the companies concerned to reorganize their finances in order to deal with asbestos liability better. The result of corporate bankruptcy settlements for many of these corporations has led to the establishment of a trust fund. This is the money sets aside by companies to cover compensation claims filed on asbestos exposure. Several of those trust funds are well in excess of $1,000,000,000.

This bankruptcy filings by asbestos companies notwithstanding, these companies can still held liable. For instance, an argument can be made that their alleged decades-long cover- up of information on the toxic effects of asbestos may constitute depraved indifference to human life. It has also been alleged that corporate officers were well aware of the effects of asbestos on health of their employees and others who worked with the substance and deliberately chose to withhold that information in order to maintain their profitability profiles. Therefore, through mesothelioma settlements, a victim of asbestos exposure and suffers from asbestosis or any other asbestos cancer such as mesothelioma, have the right to file a claim and if you are in that kind of situation you may want to recover your expenses by holding these companies liable for their malfeasance.

An asbestos lawsuit may not only compensate you for your medical expenses, loss of income, loss of health, pain, sorrow, and suffering through punitive damages called compensation, it may also send a strong message across to other offenders that such indifference to human life for the sake of profits is unacceptable in a civil society like USA and that act will not be condoned.

Therefore, an integral part of any asbestos litigation today in the USA may involve filling claims directly with those trust funds as well as against the companies that were responsible for the asbestos exposure suffered by the plaintiffs. This makes litigation easy and since 2002, the number of lawsuits has continued to increase each year. That increase in mesothelioma litigation is due to the fact that the disease caused by asbestos exposure has latency period of about fifty years and many people who were exposed to asbestos decade ago are now manifesting the symptoms of the disease.

With all the foregoing, to file a good asbestos lawsuit one need an experienced attorney that will ensure your claims are filed properly and handled efficiently. Because of the volume of lawsuits initiated every year, many court jurisdictions have taken to appointing a specific judge to hear all asbestos claims. A good asbestos solicitor must therefore know the situation in every state and also the country’s policy regarding asbestos claims and files his case accordingly. Therefore, for anyone diagnosed with mesothelioma of the lung or abdominal form of cancer basically linked with prolonged exposure to asbestos toxin substance, the prospect of a mesothelioma lawsuit can seems daunting and it is important to understand that exposure to asbestos involves serious negligence for which one or more parties may be held to account. Therefore, for anyone who has been or has a loved one that has been afflicted with asbestos should look for an experienced law firm with mesothelioma lawyers and other asbestos related health problems to fight for his/her rights through mesothelioma lawsuit.

As introduction, mesothelioma litigation or lawsuit is a legal proceeding aimed at helping a mesothelioma victim fight for money to take care of himself and his family and the total money paid is referred to as mesothelioma compensation. It is an insurance policy that provides medical care and compensation for employees who are hurt while working. Worker’s compensation also assists employees in filling lawsuits against their employers for what is basically known as the tort of negligence. Workers’ compensation covers most but not all injuries suffered on the job.

No comments:

Post a Comment