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Asbestos Laws While a number of countries have banned asbestos, the United States still uses it. It is used to make products, import, process and sell products. Numerous laws regulate the use in the testing, removal, and removal of asbestos. They also address how the victims are able to hold companies accountable for their exposure. A number of laws restrict the amount of damages awarded in lawsuits. Limits on Forum Shopping Asbestos laws differ by state and can help victims who were exposed to asbestos at work. They can also assist those who seek legal recourse for asbestos-related injuries. These laws establish and enforce regulations governing asbestos mining construction inspections asbestos removal and disposal, and more. They also have the power to restrict or regulate certain uses of asbestos for example, insulation and fire retardants. In addition to state-level regulations federal laws also establish guidelines for asbestos. The Occupational Safety and Health Administration is a division of Environmental Protection Agency (EPA) regulates asbestos in buildings through the Occupational Safety and Health Administration. In 1989 the EPA tried to ban all methods of processing and manufacturing asbestos-containing products. This policy was not fully implemented. Many plaintiffs have filed lawsuits against companies that produce or sell asbestos-containing products. This is especially the case for companies that fail to comply with the federal and state regulations. These lawsuits, sometimes referred to a mass tort litigation, have become a powerful instrument for plaintiff advocates within the mesothelioma communities. In a typical mass tort case there are hundreds of defendants. The number of defendants could vary greatly depending on the jurisdiction. For example, the average number of defendants in an asbestos case in Madison County, Wisconsin, in 2016 was twenty-seven. This compares to 117 defendants at Michigan's Wayne County – the sixth busiest asbestos venue – and 212 defendants at West Virginia's Kanawha County – the eleventh busiest asbestos location. 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 malpractices in asbestos lawsuits can help keep companies from having to pay huge amounts of money to compensate victims. These laws also help keep the courts busy with legitimate claims instead of nuisance or fraudulent lawsuits. They also help reduce the burden on local courts by limiting asbestos cases. Limits on Successor Liability Asbestos was widely used in common consumer and construction products until the end of the 1980s. As asbestos's dangers became more widely known, the government acted to ban the production, importation, processing and distribution of asbestos-containing products. In College Station asbestos lawyer , the Environmental Protection Agency published a final rule which would eventually ban around the 94 percent of asbestos used in the United States. But this ban was challenged in court and eventually overturned. Asbestos manufacturers were able avoid liability by filing for bankruptcy protection. Once they did so, the courts required them to establish special bankruptcy trusts that paid those who claimed the benefits pennies on the dollar for their losses. These trusts were conceived to limit the number claims filed and to speed up the process of compensation. The funds accumulated by these trusts were not enough to pay all those whose lives were affected by asbestos exposure. The federal government responded by enacting James L. Zadroga 911 Health & Compensation Act in order to aid first responders in the wake of 9/11. This law guarantees that they will continue to be compensated for their health conditions. The law also provides for new benefits for survivors of families of the 9/11 first responders that have passed away due to asbestos-related disease. The law also increases compensation for first responders suffering from mesothelioma and other diseases. State laws regulating asbestos litigation differ. However, many of the laws have similar elements. For example, some states require that claimants meet certain medical requirements prior to filing a lawsuit. Other states have rules for two diseases that limit the number illnesses that can be filed by a single person. Some states have laws that limit 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, attorneys are not allowed to choose the state in which their client's case will be heard to ensure the highest amount. This is known as forum shopping. Some of these laws prohibit plaintiffs from filing multiple lawsuits in different jurisdictions to try and increase the amount they receive. Limits on Damages Asbestos, a carcinogen, poses serious health risks to those who are exposed. To safeguard public health the federal and state laws restrict its use. People who have been exposed to asbestos can seek compensation for any damage. Asbestos lawsuits typically include claims for mesothelioma or other asbestos-related illnesses. These cases can be complex and require the help of experienced mesothelioma lawyers. The EPA regulates asbestos use and establishes standards for testing, inspection, and abatement of buildings with the dangerous material. State and local government also have their own asbestos laws. California law, for instance prohibits the distribution and sale of new products containing asbestos. It also requires that all public schools conduct an asbestos inspection every year. Additionally 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 imposed limits are on non-economic damages, which compensate victims for irreparable harms like pain and suffering. Some states limit the amount of punitive damages that can be granted for particularly incriminating actions. Certain companies that were exposed to asbestos have filed for bankruptcy as a way to avoid liability. However, the victims have a right to sue companies that have acted negligently. To protect victims, courts have passed laws requiring companies to provide bankruptcy trusts to pay victims. While many asbestos lawsuits have been resolved, others continue to be filed. Some states have tried to reduce compensation for victims and speed up litigation in order to reduce the number of lawsuits. For example, some states have passed laws that require asbestos victims to report their claims to bankruptcy trusts as well as any settlements received. As more people are diagnosed with mesothelioma the law is always changing. A mesothelioma lawyer can help patients fight for their rights and be aware of the laws of their respective states. MG Law's asbestos lawyers have years of experience in dealing with asbestos lawsuits. We can assist you through the process and secure the compensation you deserve. Contact us for a no-cost consultation today. Limits 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 define statutes of limitations which are the deadlines for filing a lawsuit. The time period for filing mesothelioma cases varies according to the state and the type of. For instance personal injury claims have a time limit that runs from the date of diagnosis. Wrongful death cases begin on the date of death. Many states have passed laws to limit the amount of damages given in asbestos cases. The majority of these caps are based on non-economic damages, such as pain and discomfort and loss of enjoyment. Certain states also limit punitive damages. These are the additional damages that a court could decide to award if they believe the company was in particular bad conduct. These limitations have had a negative impact on the number of asbestos lawsuits. They have led to large settlements for cases and overcrowded court dockets. A large portion of these lawsuits were filed by plaintiffs from out-of-state. Some states have passed laws to combat this problem. These laws prohibit foreign claimants from bringing large settlements within their borders. These cases are also processed faster when laws that limit the amount the plaintiff can receive are in place. A mesothelioma lawyer with experience can assist you in obtaining the compensation you're 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 utilized in certain products even though many industrialized nations have banned asbestos. Asbestos is generally only allowed in construction materials, and for a few other purposes. A mesothelioma lawyer is familiar with state laws and regulations regarding asbestos to help clients get the justice they deserve.