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Asbestos Laws While many countries have banned asbestos However, the United States still uses it. It is used to create products, import, process and sell products. A variety of laws regulate the use, testing and removal of asbestos. They also address how victims can hold companies responsible for their exposure. Some laws also place limits on damage awards in lawsuits. Forums are limited in their Shopping The laws regarding asbestos differ from state to state, and may help those who have been exposed to asbestos in the workplace. They can also aid those seeking legal options in asbestos-related cases. These laws create and enforce regulations that regulate asbestos mining, building inspections, asbestos removal and disposal, and much more. They also regulate and ban certain uses of asbestos such as 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 attempted to ban all methods of manufacturing and processing asbestos-containing products. This rule was not fully implemented. Many plaintiffs have brought lawsuits against companies that manufactured or distributed asbestos-containing products, especially those that did not adhere to the federal and state regulations. These lawsuits, sometimes referred to as mass tort litigation, have become a powerful instrument for plaintiff advocates within the mesothelioma communities. In a typical mass tort, there are hundreds of defendants. The number of defendants differs greatly by jurisdiction. In 2016, the median number of defendants named in asbestos cases was 27. This compares to 117 defendants in Michigan's Wayne County, the sixth busiest 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. Laws that restrict forum shopping and other blunders in asbestos lawsuits could help prevent companies from having to pay large sums of money to compensate victims. They can also keep the courts busy with legitimate claims instead of nuisance or fraud suits. Additionally, they could reduce the workload on local courts by restricting the number asbestos cases they have to hear. Limits on Successor Liability Until the late 1980s, asbestos was used in a myriad of everyday consumer and construction products. When asbestos's dangers became more widely understood, the government acted to ban the production, importation, processing and distribution of asbestos-containing products. In 1989, the Environmental Protection Agency published a final rule that would eventually ban around the 94 percent of asbestos used in the United States. The ban was challenged and overturned in court. Asbestos manufacturers were able to avoid liability by filing for bankruptcy protection. After they had filed the courts ordered them to establish special trusts in bankruptcy that paid those who claimed the benefits pennies on the dollar for their losses. The trusts were established to reduce the number of claims made and expedite the process of compensation. However, the funds these trusts accumulated were not enough to pay all those whose lives were affected by asbestos exposure. In response, the federal government enacted the James L. Zadroga 9/11 Health & Compensation Act to help first responders to the 9/11 attacks. This law ensures that they will continue to receive the compensation they deserve for their health conditions. The law also provides new benefits to the surviving families of the 9/11 first responders who have passed away due to asbestos-related disease. The law also increases the amount of compensation for first responders who suffer from mesothelioma and other diseases. State laws regulating asbestos litigation differ. Many laws are alike but some differ. Certain states, like they require that applicants meet certain medical standards prior to filing a lawsuit. Some states have a two-disease rule that limits the number of diseases a person can claim. Some states have laws that restrict the liability of successor companies that are acquired through mergers or consolidations with corporate entities. These laws limit the cumulative asbestos liabilities of a successor company to the fair market value adjusted for inflation of the assets of its predecessor. In some states, attorneys are not allowed to choose the state in which their client's case will be heard to receive the highest amount. This practice is called forum shopping. Some of these laws also prohibit plaintiffs from pursuing multiple cases in different jurisdictions in order to increase the amount they are awarded. Damages Limitations Asbestos, a carcinogen, poses serious health risks to those who are exposed. State and federal laws restrict 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 asbestosis, mesothelioma and other asbestos-related illnesses. These cases are complex and require skilled mesothelioma lawyers. The EPA regulates asbestos use and establishes standards for testing, inspection, and abatement of buildings with the dangerous material. Local and state government also have their own asbestos laws. California law, for instance prohibits the distribution and sale of products with asbestos in them. It also requires that all public schools conduct an asbestos audit every year. The state's Environmental Quality Board also sets standards for asbestos abatement companies. Many states have passed laws limiting the amount of damages plaintiffs can receive in personal injury lawsuits. Most states limit non-economic damages. They compensate victims for the intangible losses such as pain and suffering. Westminster asbestos attorneys have caps on punitive damages, which are awarded when the defendant's actions are particularly unjustified. In order to avoid the risk of liability, a few companies that were exposed to asbestos have filed bankruptcy. However, the victims are entitled to sue those who have acted negligently. In order to protect victims the courts have enacted laws that require companies to provide bankruptcy trusts that compensate victims. While many asbestos lawsuits have been resolved but others are still being filed. To keep the number of lawsuits from taking up court dockets, some states have tried to limit the amount of compensation offered to victims and speed up the speed of litigation. Some states, like, have passed laws that require asbestos victims to disclose their claims as well as any settlements they receive to bankruptcy trusts. As more people are diagnosed with mesothelioma, the law is constantly changing. A mesothelioma lawyer who is skilled can help victims understand the laws of their state and fight for their rights. The mesothelioma lawyers at MG Law have years of experience in handling asbestos lawsuits. We can assist you through the legal process and get the compensation you deserve. Contact us now for a free consultation. Limitations on Litigation Asbestos laws regulate the use of asbestos to be used, abated and litigated. The laws are different for each state. State laws also establish limitations statutes, which are time limits for filing lawsuits. The time period for filing mesothelioma lawsuits varies according to the state and the kind of claim. For instance personal injury lawsuits have a time limit that begins on the day of diagnosis, while wrongful death cases begin on date of death. Many states have passed laws to restrict the amount of damages given in asbestos cases. The majority of these caps are based upon noneconomic damages such as discomfort and pain, as well as loss of enjoyment. Certain states also limit punitive damages. These are additional damages that a court could give if they believe an organization acted in a particularly bad way. These limitations have had a negative impact on the number of asbestos lawsuits. These limitations have led to huge settlements in asbestos lawsuits and a clogged court docket. A large portion of these lawsuits are filed by outside-of-state plaintiffs. To deal with this problem, some states have adopted forum shopping laws which prohibit out-of-state claimants from bringing large settlements to their state. Laws that limit the amount the plaintiff is able to receive also aid in speeding up the processing of these cases. An attorney for mesothelioma can assist you get the compensation 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, even though most industrialized nations have banned asbestos. Asbestos is typically only permitted in construction materials, and for a few other purposes. A mesothelioma lawyer understands state laws and regulations concerning asbestos to ensure that clients receive the compensation they deserve.