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Asbestos Laws Despite the fact that asbestos is banned in many countries, it is used by the United States. It is used in manufacturing processing, importing, and selling products. Many laws regulate the use in the testing, removal, and removal of asbestos. In addition, they cover how victims can hold companies liable for their exposure. Many laws limit the amount of damages awarded 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 create and enforce regulations that regulate the mining of asbestos, building inspections and asbestos removal and disposal. They can also regulate or ban certain uses of the material, such as for insulation and fire retardants. Federal laws also regulate asbestos. The Environmental Protection Agency (EPA) regulates asbestos in buildings through the Occupational Safety and Health Administration (OSHA). In 1989 the EPA attempted to create an asbestos-free environment by banning all types of manufacturing, processing and distribution of asbestos-containing products. However, this rule was never fully implemented. Many plaintiffs have filed lawsuits against companies that made or sold asbestos-containing products, particularly those that did not adhere to the federal and state regulations. These lawsuits, sometimes referred to as mass-tort litigation, have become a powerful tool for plaintiff advocates in mesothelioma communities. In a typical mass tort, there are hundreds of defendants. The number of defendants differs dramatically by jurisdiction. In 2016, the median number named in an asbestos case was 27. This compares to 117 defendants in Michigan's Wayne County, the sixth busiest asbestos-related venue and 212 defendants in West Virginia's Kanawha County, the eleventh-busiest asbestos-related 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 limit forum shopping and other violations in asbestos lawsuits can help keep companies from having to pay out large amounts of money to compensate victims. These laws can also keep the courts busy with legitimate claims, not nuisance or fraudulent suits. They can also reduce the workload of local courts by limiting asbestos-related cases. Limits on Successor Liability Until the late 1980s, asbestos was used in a wide range of common construction and consumer products. When asbestos' dangers were more widely understood, the government acted to prohibit the production and importation, processing, as well as distribution of asbestos-containing products. In 1989, the Environmental Protection Agency published a final rule that would eventually ban about 94 % of asbestos in the United States. However, the ban was contested in court and later overturned. Asbestos producers were able to avoid liability by filing for bankruptcy protection. When they filed for bankruptcy, the courts ordered them to create special bankruptcy trusts that would pay claimants pennies per dollar to compensate for their losses. These trusts were set up to reduce the number of claims made and speed up the compensation process. The funds accumulated by these trusts were not enough to cover all who suffered from asbestos exposure. The federal government responded by enacting 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 issues. The law also provides benefits for family members who survived the death of first responders from 9/11 who have passed away from an asbestos-related disease. Additionally, it increases the amount of compensation available to first responders with mesothelioma and various other illnesses. State laws regulating asbestos litigation differ. A lot of laws are similar but some differ. For instance, certain states require that claimants meet certain medical requirements prior to making a claim. Some states have a two-disease requirement that limits the number of diseases that a person is able to claim. Certain states have laws that restrict the liability of successor companies acquired through mergers or consolidations with corporate entities. These laws generally limit a successor's asbestos-related liability to the fair market value of its predecessor corporation's assets adjusted to reflect inflation. In certain states, lawyers are not allowed to choose the jurisdiction in which their client's case will be heard to receive a higher award. This is known as forum shopping. Certain laws prevent plaintiffs from filing multiple lawsuits in different jurisdictions to try and increase their compensation. Damages Limitations Asbestos is a cancer-causing agent that poses serious health risks to those exposed. Federal and state laws limit its use to safeguard the health of the population. Anyone who has been exposed to asbestos may claim compensation for their injuries. Asbestos lawsuits can be a source of compensation 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. State and local governments have their own asbestos laws. For example, California law prohibits the sale of new asbestos-containing products, and mandates that all schools have an annual inspection for asbestos. In addition, the state's Environmental Quality Board sets requirements for asbestos abatement contractors. Many states have passed laws restricting the amount of damages that plaintiffs can claim in personal injury lawsuits. Most states limit noneconomic damages. They compensate victims for intangible harms like suffering and pain. Other states have caps on the amount of punitive damages given for the most egregious of actions. As a way of escaping liability, some companies that were exposed to asbestos have filed bankruptcy. Victims have the right pursue negligent companies. To protect victims, the courts have enacted laws which oblige these companies to contribute bankruptcy funds that pay victims. While many asbestos lawsuits have been settled but others are still being filed. To keep the volume of lawsuits from clogging court dockets, some states have sought to limit the amount of compensation offered to victims and increase the speed of litigation. Some states, for example, have passed laws that require asbestos victims to report their claims as well as any settlements they receive to bankruptcy trusts. The law is constantly changing as more people become diagnosed with mesothelioma or similar diseases. An attorney for mesothelioma can help patients fight for their rights and know the laws of their state. The asbestos lawyers at MG Law have years of experience dealing with asbestos lawsuits. We can guide you through the process and ensure you receive the compensation you deserve. Contact us now for a no-obligation consultation. Limits on Litigation Asbestos laws regulate how asbestos is used and how it is disposed of, as well as litigated. These laws vary by state. State laws also establish statutes of limitations that are the time limits for filing a lawsuit. The time limit for mesothelioma lawsuits differs according to the state and the kind of claim. For example, personal injury claims have a time limit which begins on the day of diagnosis, while wrongful death cases begin on the date of death. Many states have passed laws to limit damages that are awarded in asbestos cases. Most of these caps are based on non-economic damages like discomfort and pain and loss of enjoyment. Some states also restrict punitive damages. These are additional damages that jurors could award if they believe that an organization acted particularly in a way that was sloppy. Lakeland asbestos attorneys have had a negative impact on the number of asbestos lawsuits. These limitations have led to large settlements in asbestos cases and a clogged court docket. A large portion of these lawsuits were filed by plaintiffs from out-of-state. Certain states have passed laws to combat this issue. These laws prohibit out-of-state claimants bringing large settlements within their territory. The laws that limit the amount of money the plaintiff can receive also help to speed the process of these cases. A mesothelioma attorney can help you get 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 most industrialized countries have banned asbestos however, the United States still allows its use in certain products. Generally, asbestos is only permitted in building materials and a small number of other applications. A mesothelioma attorney understands the laws and regulations of the state regarding asbestos to help their clients receive the compensation they deserve.