40 years ago when the first Mesothelioma litigation happened, the payoff, for that time period, was great. A few decades later when more lawsuits transpired due to a heightened awareness of Mesothelioma cancer due to asbestos exposure, the lawsuits became significantly larger. Today, however, lawsuits are being drawn up for "victims" of asbestos exposure who show little to no signs of any physical ailments, blocking the way for legitimate cancer sufferers from getting their due justice.
The reasons for the increase in Mesothelioma cases is not entirely sure, but most feel as though it is "easy money" where so-called victims who show little to no signs of any medical impairment try to eek out a cash settlement from companies. Another reason for the increase in these litigation cases could be possibly because many people who have been diagnosed with Mesothelioma or lung cancer due to asbestos exposure do not even realize when or where they were exposed to this hazardous chemical, making it difficult and extremely time consuming to find the exact culprit of the exposure.
The Supreme Court is trying to put a law in place that will end frivolous lawsuits in Mesothelioma cases or in asbestos exposure complaints. If this law passes, it clear the way for more legitimate cases to be heard by the courts and leave companies more willing and financially able to compensate those who are truly victims of asbestos exposure. Because the law has not been legalized, more and more Mesothelioma litigation cases are tying up the court system. Many companies named in these lawsuits are compelled to do a pay-out before the cases reach the court; however, with the increasing number of litigation cases, more companies are becoming bankrupt after the amount of payoffs surpass their insurance cash holdings.
Most states have a time limit in effect that requires you to file a lawsuit motion within a 12-24 month period of time from the date of your medical diagnosis. If you have a loved one who has passed away due to Mesothelioma or lung cancer caused by exposure to asbestos, you will have the same time limit of 12-24 months to place your claim. This does not give you a tremendous amount of time if you do not know where the asbestos exposure came from which could mean that your Mesothelioma litigation will not happen in the time limit required.
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