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Asbestos Laws While many countries have banned asbestos However, the United States still uses it. It is used to make products, import, process and sell products. A variety of laws regulate the use of asbestos, its testing, and the removal of asbestos. They also regulate how asbestos victims can hold companies accountable for their exposure. Some laws also place limits on damages awards in lawsuits. Limits on Forum Shopping Asbestos laws vary by state, and may help those who have been exposed to asbestos in the workplace. They can also aid those who are seeking legal remedies in asbestos-related cases. These laws create and enforce regulations governing asbestos mining and building inspections, asbestos removal and disposal, and many more. They also regulate and prohibit certain uses of asbestos, for example, insulation and fire retardants. In addition to the state-level regulations federal laws also establish rules for asbestos. The Occupational Safety and Health Administration is a division of the Environmental Protection Agency (EPA) regulates asbestos in buildings through the Occupational Safety and Health Administration. In 1989, the EPA tried to ban all forms of processing and manufacturing asbestos-containing products. The rule was never fully implemented. Many plaintiffs have brought lawsuits against companies that manufactured or distributed asbestos-containing products, especially those who didn't adhere to federal and state laws. These lawsuits are usually referred to as mass tort litigation and are now a key tool for plaintiff advocates within the mesothelioma sector. In a typical mass tort, there are hundreds of defendants. The number of defendants could vary greatly depending on the location of the case. In 2016, the average number of defendants in asbestos cases was 27. This is in contrast to 117 defendants in Michigan's Wayne County – the sixth most frequent asbestos site – and 212 defendants at West Virginia's Kanawha County – the eleventh most popular asbestos 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 are prevented from requiring large sums of compensation to victims. They can also keep courts busy with legitimate claims instead of nuisance or fraud lawsuits. They also help reduce the workload of local courts by limiting asbestos-related cases. Limitations on Successor Liability Up until the late 1980s asbestos was used in a myriad of everyday consumer and construction products. As asbestos's dangers became more widely known and the government began to ban the manufacture, importation and processing of asbestos-containing products. In 1989, the Environmental Protection Agency published a final rule that would eventually ban about the 94 percent of asbestos used in the United States. The ban was contested and overturned in the courts. Asbestos producers could avoid liability by filing for bankruptcy. After filing for bankruptcy the courts ordered them to set up special bankruptcy trusts that would pay the claimants pennies for their losses. 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 accumulated did not cover the costs of everyone whose lives had been impacted by asbestos exposure. In response to this, the federal government passed the James L. Zadroga 9/11 Health & Compensation Act to assist 9/11 first responders. This law guarantees that they will continue to be compensated for their health conditions. The law also provides new benefits for the surviving families of the 9/11 first responders who passed away due to asbestos-related illness. The law also increases compensation for first responders who suffer from mesothelioma or other illnesses. State laws regulating asbestos litigation differ. But many of the laws have elements that are similar. For example, some states require that claimants meet certain medical criteria before making a claim. Certain states have a two-disease requirement that restricts the number of diseases a person can claim. Certain states restrict the liability of companies that are acquired through mergers and consolidations. These laws generally limit a successor's asbestos-related liabilities in the aggregate to the fair market value of its predecessor corporation's assets adjusted to reflect inflation. Other states have laws that prohibit attorneys from choosing the jurisdiction in which their client's matter should be heard to receive a higher amount of money. This is referred to as forum shopping. Certain laws prohibit plaintiffs from filing multiple lawsuits in different jurisdictions in order to increase the amount they receive. Limitations on Damages Asbestos is a carcinogen that poses serious health risks to those who are exposed. To protect the health of the public, state and federal laws restrict its use. Those who have been exposed to asbestos can seek compensation for their damages. Asbestos lawsuits include claims for mesothelioma, asbestosis and other asbestos-related illnesses. These cases are complex and require mesothelioma lawyers with experience. The EPA regulates asbestos use and sets standards for testing, inspection and abatement of buildings with the hazardous material. Local and state governments have their own asbestos laws. California law, for example prohibits the distribution and sale of products that contain asbestos. It also requires that all public schools conduct an asbestos audit every year. In addition, the state's Environmental Quality Board sets requirements for asbestos abatement contractors. Many states have passed laws restricting the amount of damages plaintiffs can claim in personal injury lawsuits. The most commonly imposed limits are on non-economic damages, which pay victims for irreparable harms such as suffering and pain. Some states have caps on punitive damages, which are awarded when a defendant's actions are particularly egregious. In order to avoid the risk of liability, a few companies that were exposed asbestos have filed for bankruptcy. Victims are entitled to pursue negligent companies. To protect victims, courts have passed laws that oblige these companies to contribute bankruptcy funds to pay victims. Despite the fact that many asbestos lawsuits have been resolved, other asbestos lawsuits are being filed. Certain states have attempted to restrict the compensation of victims and speed up litigation to reduce the number of lawsuits. For instance, certain states have passed laws requiring that asbestos victims disclose their claims to bankruptcy trusts, as well as any settlements they receive. The law is constantly changing as more people are diagnosed with mesothelioma and other diseases. A knowledgeable mesothelioma lawyer will help victims understand the laws in their states and defend their rights. The mesothelioma lawyers of MG Law have years of experience in handling asbestos lawsuits. We can help you navigate the process and secure the compensation you deserve. Contact us for a no-cost consultation today. Limits on Litigation Asbestos laws govern asbestos usage, abatement and litigation. These laws vary from state to state. State laws also define limitations statutes that are time-limits for filing lawsuits. The time limit for mesothelioma lawsuits varies depending on the state and kind of claim. Personal injury claims begin their statute of limitations on the day they are diagnosed, while wrongful death cases start on the date the death occurred. Many states have passed laws to limit the amount of damages given in asbestos cases. Most of these caps are placed on non-economic damages, such as discomfort and pain and loss of enjoyment. Some states have also limited punitive damages. These are the additional damages a juror may award if they believe that a company acted poorly. These limitations have had a negative effect on the number of asbestos lawsuits. Canton asbestos attorney have led to huge settlements for cases and overcrowded court dockets. A large portion of these lawsuits were filed by plaintiffs out-of-state. To combat this issue certain states have enacted forum shopping laws that prohibit out-of-state claimants from bringing large settlements into their territory. These cases are also handled faster when laws that limit the amount the plaintiff can receive are in place. A skilled mesothelioma lawyer 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 utilized in certain products even though many industrialized nations have banned it. Generally, asbestos is only permitted in building materials and a small number of other uses. A mesothelioma lawyer knows the laws and regulations of the state regarding asbestos to help their clients receive the compensation they deserve.