• Asbestos Litigation History Part 5 Tort Litigation from Asbestos Injury Lawsuits Proliferates

    Part 5 of the Beginning of Asbestos Litigation: Tort Litigation from Asbestos Injuries Proliferates

    For More on the Story, Read The Rest of the Asbestos Litigation Story at:

    Part 6 of the Beginning of Asbestos Litigation

    Asbestos Injury Tort Lawsuits Proliferate

    Buoyed from the success of Borel v. Fireboard Paper, mesothelioma-stricken asbestos employees chose to pursue tort litigation in obtaining victim compensation for asbestos related injuries that the product manufacturers which had supplied asbestos. From 1982 to 2002, the asbestos claimants mounted and increased just 1,000 claimant asbestos victims to nearly three-quarters of a million to the tune of 730,000 with the number of asbestos-related corporations having been sued rising from 300 up to 8,400 corporations.

    A legal tort is a lawsuit for a civil wrongdoing that damaged a victim. Asbestos victims use tort litigation in obtaining legal remedies from the person or company who caused them injury and harm. The US legal justice courts provide popular methods for those who have been injured from defective products. They may seek financial remedies and redress through civil courts to obtain relief for their injuries. In the case of asbestos exposed industrial workers, some large portion of which had been exposed in WWII, and for factory industrial workers for which disease mounts and builds and is later manifested long decades following industrial asbestos exposure, the legal remedy used via tort litigation has become attractive as an alternative for the other forms of financial reparation which were previously only found in workers' comp protection along with government-run, worker disability funds from the trust funds of the government.

    One main reason for the shift is the disadvantages which workers comp creates for war veterans exposed while in the military who had been barred from filing worker’s compensation claims. Additionally, asbestos exposed industrial workers became increasingly madder and more frustrated with the workers' comp systems for the following reasons:

    · Worker’s compensation was designed only for traumatic workplace injuries such as broken arms but not designed nor equipped to handle occupational diseases such as asbestosis and the more deadly version mesothelioma
    · Corporate employers along with their corporate workplace insurers fought workers' comp claims continually by refusing the admission for any kind of asbestos-related wrongdoing. They said that asbestos did not cause workers’ suffering and they alleged that industrial workers had clearly not been disabled to the sufficient level in which they should be allowed to be recompensed by worker’s comp.

    · And statute limitation statutes from many states even barred asbestos injury claims due to not meeting the 1-3 year statute of limitations requirement for personal injury claims although these kinds of asbestos-related injuries and diseases can very often require dozens of years for manifestation.

    Additionally, the real lack of a disability trust money also added to popularity for civil tort litigation. The U.S. Treasury’s Disability Trust Fund for Black Lung had been providing medical benefits for those who had been coal miners, yet there really had not been any similar trust disability program which dealt with the claims of victims from diseases related to asbestos. Following decades of legislative attempts that had failed federally, civil tort litigation now has continued to be the most available option for compensation.

    For the Previous Part of the Story, Read The Previous Asbestos Litigation Article at:

    Part 4 of the Beginning of Asbestos Litigation: Fraud and Conspiracy Open Floodgates of Asbestos Litigation and Reversals of Worker's Comp Limitations on Employees' rights to Sue Employers
  • Ask a Legal Question