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Asbestos Laws While a number of countries have banned asbestos however, the United States still uses it. It is used in manufacturing processing, importing, and selling products. A variety of laws regulate the use, testing, and removal of asbestos. In addition, they cover how victims can hold companies accountable for their exposure. Some laws also place limitations on damages awarded in lawsuits. Forum Limits Shopping Asbestos laws differ by state, and may help those who have been exposed to asbestos in the workplace. These laws can also assist those who are seeking legal recourse in asbestos-related cases. St. Joseph asbestos lawyer set out and enforce regulations that regulate the mining of asbestos, building inspections, and asbestos removal and disposal. They can also restrict or regulate certain uses of the material for example, insulation and fire retardants. In addition to the state-level regulations Federal laws also establish rules for asbestos. The Environmental Protection Agency (EPA) regulates asbestos in the construction industry through the Occupational Safety and Health Administration (OSHA). In 1989, the EPA tried to ban all methods of processing and manufacturing asbestos-containing products. However, this rule was never fully implemented. Many plaintiffs have filed lawsuits against companies that manufacture or distribute asbestos-containing products. This is especially true for those who failed to adhere to federal and state regulations. These lawsuits, which are often referred to as mass tort litigation, have become a powerful instrument for plaintiff advocates in mesothelioma communities. A typical mass tort case involves hundreds of defendants. The number of defendants differs dramatically by jurisdiction. In 2016, the average number named in an asbestos case was 27. This is compared 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 blunders, asbestos lawsuits can be stopped from requiring large amounts of compensation to victims. These laws also help keep courts busy with legitimate claims, instead of nuisance or fraudulent lawsuits. Additionally, they could reduce the workload on local courts by restricting the number asbestos cases they hear. Limitations on Successor Liability Asbestos was widely used in common construction and consumer products until the end of the 1980s. As asbestos' dangers were more widely known, the government acted to prohibit the production and importation, processing, as well as distribution of asbestos-containing products. In 1989 the Environmental Protection Agency issued a final rule which would eventually ban 94% of the asbestos in the United States. This ban was challenged and overturned in court. Asbestos producers were able to avoid liability by filing for bankruptcy. After they had filed the courts ordered them to set up special bankruptcy trusts that paid the claimants pennies per dollar for their losses. These trusts were conceived to reduce the number of claims filed and accelerate the process of compensation. The money accumulated by these trusts were not enough to pay all those who suffered from asbestos exposure. The federal government reacted 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 will continue to receive compensation for their health issues. The law also provides for new benefits to the surviving families of 9/11 first responders who passed away due to asbestos-related disease. The law also increases the amount of compensation for first responders suffering from mesothelioma or other illnesses. State laws regulating asbestos litigation differ. Many laws are alike but some differ. For instance, certain states require that claimants meet certain medical standards prior to filing a lawsuit. Others have two-disease rules that limit the number diseases that can be claimed by a single individual. Some states restrict the liability of companies that are acquired through mergers and consolidations. These laws limit the cumulative asbestos liability of a successor company to the fair market value adjusted to reflect the value of its predecessor's assets. Other states have laws that restrict attorneys from choosing the state in which their client's matter should be heard in order to receive a higher amount of money. This is known as forum shopping. Certain laws prohibit plaintiffs from filing multiple lawsuits in different jurisdictions to try and increase their compensation. Limits on Damages Asbestos, a carcinogen poses serious health risks for those who are exposed. To safeguard public health, state and federal laws restrict its use. Anyone who has been exposed to asbestos may seek compensation for any damage. Asbestos lawsuits include claims for asbestosis, mesothelioma and other asbestos-related diseases. These cases can be complicated and require the help of experienced mesothelioma lawyers. The EPA regulates asbestos use and establishes standards for testing, inspection, and abatement of buildings that contain the harmful material. State and local government also have their own asbestos laws. California law, for example, prohibits the distribution and sale of new products containing asbestos. It also requires that all public schools conduct an asbestos inspection every year. In addition, the state's Environmental Quality Board sets requirements for asbestos abatement contractors. Many states have passed laws limiting the amount of damages plaintiffs may receive in personal injury lawsuits. The most commonly used limits are placed on non-economic damages, which pay victims for damages that are intangible like pain and suffering. Some states have limits on punitive damages which are awarded when a defendant's actions are particularly unjustified. Some companies that were exposed to asbestos have filed for bankruptcy as a way to avoid liability. However, victims have the right to sue those who were negligent. To protect victims courts have passed laws that require these companies to fund bankruptcy trusts to pay victims. While many asbestos lawsuits have been resolved, others continue to be filed. Certain states have attempted to reduce the compensation of victims and speed up litigation to reduce the number of lawsuits. Certain states, for instance, have passed laws that require asbestos victims to disclose their claims and any settlements they receive to bankruptcy trusts. The law is constantly changing as more people are diagnosed with mesothelioma and similar diseases. A mesothelioma lawyer who is skilled can assist victims in understanding the laws in their state and advocate for their rights. Our asbestos lawyers at MG Law have years of experience dealing with asbestos lawsuits. We can help you navigate the process and get the compensation you deserve. Contact us now for a no-obligation consultation. Limitations on Litigation Asbestos laws regulate how asbestos is used and how it is disposed of, as well as litigated. The laws differ by state. State laws also define statutes of limitation, which are time limits for filing lawsuits. The time limit for mesothelioma lawsuits is different depending on the state and type of claim. Personal injury claims begin their statute of limitations when they are diagnosed, while wrongful death cases start from the date that the death occurred. Many states have passed laws that limit the damages granted in asbestos cases. The majority of these caps are placed on non-economic damages, such as pain and suffering and loss of enjoyment of life. Some states also restrict punitive damages. These are the additional damages that a juror could award if they believe that an organization acted particularly poorly. These limitations have had an adverse impact on the number asbestos lawsuits. These limitations have led to large settlements in asbestos lawsuits and an overcrowded court docket. A large portion of these lawsuits were filed by plaintiffs from out-of-state. To address this issue certain states have enacted forum shopping laws which prohibit out-of-state claimants from bringing large settlements to their state. These cases are also processed more quickly when laws that limit the amount a plaintiff can be awarded are in place. A mesothelioma lawyer with experience 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. The United States allows asbestos to be used in certain products, even though many industrialized nations have banned it. Asbestos is typically only permitted in construction materials, and for a handful of other uses. A mesothelioma lawyer is familiar with laws and regulations of the state regarding asbestos in order to assist clients with getting the amount of compensation they deserve.