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Asbestos Laws While many countries have banned asbestos, the United States still uses it. It is used for manufacturing or importing, processing, and selling products. Several laws regulate the testing, use and removal of asbestos. They also cover how the victims can hold companies accountable for their exposure. Lancaster asbestos lawyer of laws also set limits on damage awards in lawsuits. Forum Limits Shopping Asbestos laws vary by state, and can help victims who were exposed in the workplace. They also aid those seeking legal options for asbestos-related injuries. These laws create and enforce regulations governing asbestos mining, building inspections asbestos removal and disposal and many more. They can also restrict or regulate certain uses of asbestos, such as for insulation and fire retardants. In addition to the state-level regulations Federal laws also establish standards for asbestos. The Environmental Protection Agency (EPA) regulates asbestos in buildings via the Occupational Safety and Health Administration (OSHA). In 1989 the EPA tried to ban all forms of manufacturing and processing asbestos-containing products. However, this policy was not fully implemented. Many plaintiffs have brought lawsuits against companies that made or sold asbestos-containing products, particularly those that did not adhere to the federal and state regulations. These lawsuits, which are sometimes referred to a mass tort litigation, have turned out to be a powerful tool for plaintiff advocates in the mesothelioma community. A typical mass tort case has hundreds of defendants. The number of defendants may differ greatly based on area of jurisdiction. For instance, the average number of defendants involved in an asbestos-related case in Madison County, Wisconsin, in 2016 was twenty-seven. This is in contrast to 117 defendants at Michigan's Wayne County – the sixth most popular asbestos location 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. By limiting forum shopping and other malpractices, asbestos lawsuits are prevented from requiring large amounts of compensation to victims. These laws can also keep the courts busy with legitimate claims instead of nuisance or fraud suits. In addition, they can reduce the workload on local courts by restricting the number asbestos cases they hear. Limits on Successor Liability Asbestos was a component of many common consumer and construction products until the late 1980s. As asbestos's dangers became more widely understood, the government acted to prohibit the production of, importation, processing, and distribution of asbestos-containing products. In 1989, the Environmental Protection Agency published a final rule which would eventually ban around 94 % of asbestos in the United States. However, the ban was contested in court and eventually overturned. Asbestos manufacturers were able to avoid liability by filing for bankruptcy protection. Once they did so, the courts required them to set up special bankruptcy trusts that would pay those who claimed the benefits pennies on the dollar for their losses. These trusts were created to limit the number claims filed and speed up the process of compensation. The money accumulated by these trusts were not enough to pay all those whose lives were affected by asbestos exposure. The federal government reacted by enacting the James L. Zadroga 911 Health & Compensation Act to aid first responders in the wake of 9/11. This legislation ensures that they will continue to receive compensation for their health conditions. The law also provides new benefits to the surviving families of the 9/11 first responders who have died due to an 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. A lot of laws are similar but some differ. Certain states, like they require that applicants meet certain medical standards prior to filing a lawsuit. Certain states have a two-disease requirement which limits the number of illnesses a person can claim. Some states limit the liability of companies that are acquired through mergers or consolidations. These laws typically limit a successor company's asbestos-related liabilities in the aggregate to the fair market value of its predecessor's assets, adjusted for inflation. Other states have laws that restrict attorneys from choosing the state in which their client's matter should be heard in order to get a bigger award. This practice is known as forum shopping. Certain laws prevent plaintiffs from filing multiple lawsuits in different jurisdictions in order to increase their compensation. Limits on Damages Asbestos is a carcinogen and poses serious health risks to those who are exposed. State and federal laws limit its use to safeguard public health. People who have been exposed to asbestos can claim compensation for their injuries. Asbestos lawsuits usually contain claims for mesothelioma as well as other asbestos-related illnesses. These cases are complex and require experienced mesothelioma attorneys. The EPA regulates asbestos use and sets standards for testing, inspection, and abatement of buildings that contain the dangerous material. Local and state governments have their own asbestos laws. For instance, California law prohibits the sale of new asbestos-containing products and requires that every school have an annual inspection for asbestos. The state's Environmental Quality Board also sets standards for asbestos abatement companies. Many states have passed laws that limit the amount of damages plaintiffs can receive for personal injury lawsuits. The majority of states limit damages that are not economic. These compensate victims for non-tangible damages such as pain and suffering. Other states cap punitive damages that are awarded for particularly egregious actions. Some companies who were exposed to asbestos have filed for bankruptcy to avoid liability. Victims have the right sue negligent companies. To safeguard victims the courts have enacted laws that require companies to provide bankruptcy trusts to pay victims. While many asbestos lawsuits have been resolved however, some remain filed. Certain states have attempted to restrict compensation for victims and speed up litigation to reduce the number of lawsuits. Some states, for example, 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 continually evolving. An attorney for mesothelioma can help victims fight for their rights and be aware of the laws of their state. The mesothelioma attorneys at MG Law have years of experience in handling asbestos lawsuits. We can guide you through the process and help you get the compensation you deserve. Contact us for a no-cost consultation today. Limitations on Litigation Asbestos laws regulate the use of asbestos, abated and litigated. The laws are different for each state. State laws also define statutes of limitations which are the time frames for filing lawsuits. The time limit for mesothelioma lawsuits varies by state and kind of claim. Personal injury claims begin their statute of limitation when they are diagnosed, while wrongful death cases start on the date the death occurred. Many states have passed laws to restrict the amount of damages given in asbestos cases. Most of these caps are based on non-economic damages like pain and suffering as well as loss of enjoyment of life. Some states have also limited punitive damages. These are the additional damages that a judge can decide to award if they believe an organization acted in a particularly bad way. These limitations have had a negative effect on the number of asbestos lawsuits. They have resulted in large settlements for cases and overcrowded court dockets. A large portion of these lawsuits were filed by plaintiffs out-of-state. Some states have passed laws to stop this problem. These laws ban out-of-state claimants bringing large settlements within their borders. Laws that limit the amount the plaintiff is able to receive also help to speed the process of these cases. An attorney for mesothelioma can assist 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 used in a few products, even though most industrialized nations have banned it. Asbestos is usually only permitted in construction materials, and for a handful of other uses. A mesothelioma attorney understands the laws and regulations of the state regarding asbestos in order to help their clients get the compensation they deserve.