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Asbestos Laws While a number of countries have banned asbestos however, the United States still uses it. It is used for manufacturing, importing, processing and selling products. A variety of laws regulate the use of asbestos, its testing, and the removal of asbestos. They also cover how the victims can hold companies accountable for their exposure. Many laws limit the amount of damages that can be awarded in lawsuits. Forums are limited in their Shopping Asbestos laws vary by state and can help those who have been exposed to asbestos in the workplace. They also aid those who are seeking legal remedies for asbestos-related injuries. The laws set out and enforce rules that govern the mining of asbestos, building inspections, as well as asbestos removal and disposal. They also have the power to restrict or regulate 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 the construction industry through the Occupational Safety and Health Administration (OSHA). In 1989, the EPA attempted to implement a comprehensive ban on asbestos by banning all forms of manufacturing, processing and distribution of asbestos-containing products. The rule was not fully implemented. Many plaintiffs have filed lawsuits against companies that made or sold asbestos-containing products, particularly those that did not adhere to federal and state laws. These lawsuits, often referred to as mass-tort litigation, have become an effective tool for plaintiffs' advocates in the mesothelioma community. In a typical mass tort, there are hundreds of defendants. The number of defendants may vary greatly depending on the jurisdiction. In 2016, the average number named in asbestos cases was 27. That 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-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. By limiting forum shopping and other malpractices, asbestos lawsuits are prevented from requiring large amounts of compensation for victims. They can also keep the courts busy with legitimate claims instead of fraudulent or nuisance lawsuits. Additionally, they could reduce the workload on local courts by restricting the number asbestos cases they are required to hear. Limits on Successor Liability Asbestos was used in many common construction and consumer products until the late 1980s. As asbestos' dangers were more widely understood and the government took action 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 which would eventually ban around 94 percent asbestos used in the United States. The ban was contested and overturned in court. Asbestos manufacturers were able to escape liability by filing for bankruptcy protection. When they filed for bankruptcy the courts ordered them to set up special trusts for bankruptcy that paid the claimants pennies for the losses they suffered. These trusts were created to reduce the number of claims filed and to speed up the process of compensation. But the funds that these trusts generated were not enough to compensate everyone whose lives had been impacted by asbestos exposure. The federal government reacted by enacting the James L. Zadroga 911 Health & Compensation Act to assist 9/11 first responders. Youngstown asbestos attorney ensures that they will continue to receive compensation for their health conditions. The law also provides new benefits to the surviving families of 9/11 first responders who have died due to an asbestos-related illness. In addition, it increases the compensation available to first responders suffering from mesothelioma and various other illnesses. State laws regulating asbestos litigation differ. However, many of them have similar elements. Certain states, for instance requires that claimants meet certain medical standards prior to filing a lawsuit. Other states have rules for two diseases which limit the number of diseases that can be claimed by a single person. Certain states have laws that limit the liability of successor companies acquired through corporate mergers and consolidations. These laws typically limit a successor company's asbestos-related liabilities in the aggregate to the fair market value of its predecessor corporation's assets adjusted for inflation. In certain states, attorneys are not permitted to select the jurisdiction in which their client's matter will be heard to receive a higher award. This is known as forum shopping. Some of these laws also prevent plaintiffs from pursuing multiple cases in different jurisdictions in order to increase the amount of their settlements. Damages Limitations Asbestos, a carcinogen, can pose serious health risks to those who are exposed. State and federal laws limit its use to safeguard public health. Anyone who has been exposed to asbestos can claim compensation for their injuries. Asbestos lawsuits include claims for asbestosis, mesothelioma and other asbestos-related illnesses. These cases can be extremely complex and require the help of a mesothelioma lawyer who is experienced. The EPA regulates asbestos use and establishes standards for testing, inspection and abatement of buildings that contain asbestos, a dangerous material. Local and state governments also pass their own asbestos laws. For example, California law prohibits the sale of asbestos-containing products and requires that all schools conduct an annual check for asbestos. In addition the state's Environmental Quality Board sets requirements for asbestos abatement companies. Many states have passed laws that restrict the amount of damages plaintiffs can receive for personal injury lawsuits. The most commonly imposed limits are on noneconomic damages, which compensate victims for damages that are intangible like suffering and pain. Some states limit the amount of punitive damages awarded for particularly egregious actions. Certain companies that were exposed to asbestos have filed for bankruptcy in order to avoid liability. Victims have the right sue negligent companies. To protect victims, courts have enacted laws that require these companies to fund bankruptcy funds to compensate victims. Despite the fact that many asbestos lawsuits were resolved, other asbestos lawsuits are being filed. To keep the volume of lawsuits from taking up the court dockets, certain states have sought to limit the amount of compensation offered to victims and increase the speed of litigation. For instance, certain states have passed laws that require asbestos victims to disclose their claims to bankruptcy trusts, as well as any settlements received. As more people are diagnosed with mesothelioma the law is continually evolving. A mesothelioma lawyer can help victims fight for their rights and understand the laws of their state. The asbestos lawyers at MG Law have years of experience dealing with asbestos lawsuits. We can help you navigate the process and ensure you receive the compensation you deserve. Contact us now for a free consultation. Limitations on Litigation Asbestos laws regulate asbestos use, abatement and litigation. These laws vary from state to state. State laws also define statutes of limitations that are time-limits for filing lawsuits. The time limit for mesothelioma cases varies according to the state and the type of. For instance personal injury claims have a statute of limitations that begins on the day of diagnosis, while wrongful death cases start on the date of death. Many states have passed laws that limit damages given in asbestos cases. Most of these caps are based on non-economic damages like pain and suffering and loss of enjoyment of life. Certain states also limit punitive damages. These are the extra damages that a jury may decide to award 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 large settlements in asbestos cases as well as a clogged court docket. A large portion of these lawsuits were filed by plaintiffs from outside of the state. To address this issue certain states have passed forum shopping laws that prevent outside claimants from bringing huge settlements into their territory. Laws that limit the amount the plaintiff is able to receive also help to speed 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. The United States allows asbestos to be utilized in certain products despite the fact that most industrialized countries have banned asbestos. Asbestos is usually only permitted in building materials, and for a handful of other uses. An asbestos lawyer is aware of the state laws and regulations regarding asbestos in order to help their clients receive the compensation that they deserve.