Asbestos Laws
While many countries have banned asbestos, the United States still uses it. It is used in manufacturing, importing, processing and selling products.
Numerous laws regulate the use of asbestos, its testing, and the removal of asbestos. Additionally, they address how victims can hold companies liable for their exposure. Many laws restrict the amount of damages that can be awarded in lawsuits.
Limits on Forum Shopping
Asbestos laws are different for each state and can guide victims who were exposed to asbestos at work. These laws can also help those who are seeking legal recourse in asbestos-related cases. The laws set out and enforce regulations that govern the mining of asbestos, building inspections, as well as asbestos removal and disposal. They also have the power to regulate or prohibit certain uses of asbestos, such as for insulation and fire retardants.
In addition to state-level regulations, federal laws also set standards for asbestos. The Occupational Safety and Health Administration is a division of the Environmental Protection Agency (EPA) regulates asbestos in construction through the Occupational Safety and Health Administration. In 1989, the EPA attempted to implement a comprehensive ban on asbestos by prohibiting all types of manufacturing, processing and distribution of asbestos-containing products. This rule was never fully implemented.
Many plaintiffs have filed lawsuits against companies that manufactured or distributed asbestos-containing products, especially those who did not follow the federal and state regulations. These lawsuits are often called mass tort litigation, and they are now a key tool for plaintiff advocates within the mesothelioma sector.
In a typical mass tort case, there are hundreds of defendants. The number of defendants can vary dramatically by jurisdiction. In 2016, the average number of defendants named in asbestos cases was 27. This is in contrast to 117 defendants in Michigan's Wayne County - the sixth busiest asbestos venue and 212 defendants at West Virginia's Kanawha County - the eleventh most frequent asbestos site.
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.
Laws that limit forum shopping and other malpractices in asbestos lawsuits can keep companies from having to pay out large sums of money to compensate victims. They can also keep courts busy with legitimate claims instead of nuisance or fraudulent suits. They can also ease the burden of local courts by limiting asbestos-related cases.
Limits on Successor Liability
In the 1980s, asbestos was used in a variety of everyday consumer and construction products. As asbestos' dangers were more widely understood and the government took action to ban the manufacture, importation, processing and distribution of asbestos-containing products. In 1989 the Environmental Protection Agency published a final rule that would eventually ban around 94 percent asbestos used in the United States. This ban was challenged and overturned in court.
Asbestos producers were able to escape liability by filing for bankruptcy protection. After they filed for bankruptcy the courts compelled them to create special bankruptcy trusts that would pay claimants a penny per dollar for their losses. The trusts were established to reduce the number of claims made and accelerate the process of compensation. Huntington Beach asbestos lawsuit collected by these trusts weren't enough to compensate all those whose lives were affected by asbestos exposure.
The federal government responded by enacting the James L. Zadroga 911 Health & Compensation Act in order to aid first responders in the wake of 9/11. This law ensures that they continue to receive compensation for their health issues.
The law also provides new benefits for the surviving families of 9/11 first responders that have died due to an asbestos-related disease. The law also increases the amount of compensation for first responders who suffer from mesothelioma or any other illness.
State laws regulating asbestos litigation differ. But many of the laws share similar elements. Some states, for example they require that applicants meet certain medical criteria prior to filing a lawsuit. Some states have a rule of two diseases that limits the number of illnesses a person can claim.
Some states have laws that limit the liability of successor companies that are acquired through mergers and consolidations of corporations. These laws generally limit a successor's asbestos-related liabilities in the aggregate to the fair market value of its predecessor's assets adjusted to reflect inflation.
In certain states, lawyers are prohibited from selecting the jurisdiction in which their client's matter will be heard to ensure an award that is higher. This is known as forum shopping. Some of these laws also prohibit plaintiffs from pursuing multiple cases in different jurisdictions in order to increase the amount of their settlements.
Damages Limitations
Asbestos is a carcinogen that poses serious health risks for those who are exposed. To safeguard public health laws, both federal and state restrict its use. People who have been exposed to asbestos can seek compensation for damages. Asbestos lawsuits include claims for asbestosis, mesothelioma and other asbestos-related illnesses. These cases can be extremely complex and require the assistance of a mesothelioma lawyer who is experienced.
The EPA regulates the use of asbestos and sets standards for testing, inspection and removal of buildings made of the dangerous material. State and local governments also have their own asbestos laws.
California law, for example prohibits the sale and distribution of products with asbestos in them. It also requires that all public schools conduct an asbestos inspection each year. The state's Environmental Quality Board also sets standards for asbestos abatement firms.
Many states have passed laws restricting the amount of damages plaintiffs can claim in personal injury lawsuits. The most commonly imposed limits are on non-economic damages, which pay victims for damages that are intangible such as suffering and pain. Other states cap the amount of punitive damages that can be given for the most egregious of actions.
As a way of escaping the risk of liability, some companies who were exposed asbestos have declared bankruptcy. Victims have the right bring legal action against negligent companies. To protect victims, courts have passed laws that require these companies to fund bankruptcy funds that pay victims.
While many asbestos lawsuits have been settled however, some remain filed. Some states have tried to restrict the amount of compensation to victims and accelerate litigation to reduce the number of lawsuits. For instance, a few states have passed laws that require asbestos victims to report their claims to bankruptcy trusts and any settlements they receive.
As more people are diagnosed with mesothelioma, the law is constantly changing. A mesothelioma lawyer can help patients fight for their rights and know the laws of their respective states. MG Law's asbestos lawyers have years of experience in dealing with asbestos lawsuits. We can help you navigate the process and secure the compensation you deserve. Contact us today for a no-obligation consultation.
Limitations on Litigation
Asbestos laws regulate asbestos use as well as litigation, abatement and abatement. These laws vary from state to state. State laws also define statutes of limitation, which are time limits for filing lawsuits. The time limit for mesothelioma lawsuits varies depending on the state and kind of claim. Personal injury claims begin their statute of limitation on the day they are diagnosed, whereas wrongful death cases start with the date on which the death occurred.
Many states have passed laws that limit the damages awarded in asbestos cases. The majority of these caps are placed on non-economic damages such as pain and suffering as well as loss of enjoyment of life. Some states also limit punitive damages. These are the additional damages that jurors may award if they think that an entity acted in a way that was sloppy.
These limitations have had a negative effect on the number of asbestos lawsuits. These limitations have resulted in large settlements in asbestos cases and an overcrowded court docket. Many of these lawsuits are filed by outside-of-state plaintiffs. To address this issue, some states have adopted forum shopping laws which prohibit outside claimants from bringing huge settlements to their state.
The laws that limit the amount the plaintiff can receive also aid in speeding the process of these cases. A mesothelioma lawyer can help you receive the compensation you deserve.
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.
While the majority of industrialized nations have banned asbestos however, the United States still allows its use in certain products. As a rule, asbestos is allowed in building materials, and a limited number of other uses. A mesothelioma attorney understands the state laws and regulations regarding asbestos in order to help their clients receive the compensation that they deserve.