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Asbestos Laws While a number of countries have banned asbestos however, the United States still uses it. It is used in manufacturing or importing, processing, and selling products. Numerous laws regulate the use in the testing, removal, and removal of asbestos. They also regulate how asbestos victims can hold companies accountable for their exposure. A number of laws limit the amount of damages that can be awarded in lawsuits. Forums are limited in their Shopping Asbestos laws differ by state and can assist victims who were exposed to asbestos in the workplace. They also aid those who seek legal recourse for asbestos-related injuries. These laws create and enforce regulations that regulate the mining of asbestos, building inspections, as well as asbestos removal and disposal. They also have the power to restrict or regulate certain uses for the material, such as for insulation and fire retardants. Federal laws also regulate asbestos. The Occupational Safety and Health Administration, a division of the Environmental Protection Agency (EPA) regulates asbestos in construction through the Occupational Safety and Health Administration. In 1989 the EPA attempted to create an all-encompassing asbestos ban by banning all forms of manufacturing, processing and distribution of asbestos-containing products. This rule was never fully implemented. Many plaintiffs have filed lawsuits against companies that produce or sell asbestos-containing products. This is particularly true for those who failed to comply with the federal and state regulations. These lawsuits, sometimes referred to as mass-tort litigation, have become a powerful tool for plaintiffs' advocates in the mesothelioma community. In a typical mass tort there are hundreds of defendants. The number of defendants can vary significantly by region. In 2016, the average number named in an asbestos case was 27. This compares to 117 defendants in Michigan's Wayne County – the sixth busiest asbestos venue – 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 can be stopped from requiring large amounts of compensation to victims. These laws also help keep courts busy with legitimate claims, not nuisance or fraud lawsuits. They can also reduce the workload of local courts by limiting asbestos-related cases. Limitations on Successor Liability Asbestos was used in many common construction and consumer products until the end of the 1980s. As the dangers of using asbestos became more widely known and the government imposed a ban on the importation, manufacture and processing of asbestos-containing products. In 1989, the Environmental Protection Agency published a final rule which would eventually ban 94 % of asbestos in the United States. However, this ban was challenged in court and eventually overturned. Asbestos producers were able escape their liability by filing for bankruptcy. After Avondale asbestos lawyer filed for bankruptcy, the courts ordered them to set up special trusts for bankruptcy that paid claimants a penny per dollar to compensate for their losses. These trusts were conceived to limit the number of claims filed and to speed up the compensation process. But the funds that these trusts had accumulated did not cover the costs of 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 the first responders of 9/11. This legislation ensures they will continue to be compensated for their health issues. The law also provides new benefits for family members who survived the death of 9/11 first responders who have died from an asbestos-related illness. In addition, it increases the amount of compensation available to first responders with mesothelioma as well as other diseases. State laws regulating asbestos litigation differ. Many laws are alike however, some are different. Some states, for example, require that claimants meet certain medical standards prior to filing a lawsuit. Some states have a two-disease rule that limits the number of illnesses one can file. Certain states have laws that limit the liability of successor companies acquired through corporate mergers and consolidations. These laws typically limit a successor company's asbestos-related liability to the fair market value of its predecessor corporation's assets adjusted for inflation. In certain states, lawyers are prohibited from selecting the jurisdiction in which their client's case will be heard in order to obtain the highest amount. This practice is called forum shopping. Some of these laws prohibit plaintiffs from filing multiple lawsuits in different jurisdictions to try and increase their award. Limits on Damages Asbestos, a carcinogen poses serious health risks for those who are exposed. State and federal laws restrict its use to protect public health. Those who were exposed to asbestos can seek compensation for any damage. Asbestos lawsuits usually include claims for mesothelioma and other asbestos-related diseases. These cases are complex and require experienced mesothelioma attorneys. The EPA regulates asbestos use and establishes standards for testing and inspection as well as abatement in buildings containing the dangerous material. Local and state government also have their own asbestos laws. California law, for instance prohibits the distribution and sale of products with asbestos in them. It also requires that all public schools conduct an asbestos audit every year. The state's Environmental Quality Board also sets standards for asbestos abatement companies. Many states have passed laws limiting the amount of damages plaintiffs can receive in personal injury lawsuits. Most states limit non-economic damages. These compensate victims for the intangible losses such as pain and suffering. Other states have caps on the amount of punitive damages granted for particularly incriminating actions. As a way of escaping the risk of liability, some companies who were exposed asbestos have filed for bankruptcy. However, victims have the right to sue those who acted negligently. To safeguard victims, courts have passed laws that require companies to provide bankruptcy trusts to compensate victims. Despite the fact that many asbestos lawsuits were resolved, other lawsuits are being filed. To keep the volume of lawsuits from filling court dockets, some states have attempted to limit the amount of compensation that is available to victims and speed up the speed of litigation. For example, some states have passed laws that require that asbestos victims disclose their claims to bankruptcy trusts and any settlements received. The law is constantly changing as more people become diagnosed with mesothelioma and similar diseases. An attorney for mesothelioma can assist victims in defending their rights and be aware of the laws of their state. Our asbestos lawyers at MG Law have years of experience in handling asbestos lawsuits. We can assist you through the legal process and get the compensation you deserve. Contact us today for a no-obligation consultation. Limitations on Litigation Asbestos laws govern asbestos use, abatement and litigation. The laws are different for each state. State laws also define statutes of limitations, which are time limits for filing lawsuits. The time period for filing mesothelioma cases varies according to the state and type. For instance personal injury lawsuits have a time limit which begins on the day of diagnosis and wrongful death cases begin on date of death. Many states have passed laws to restrict the amount of damages that are awarded in asbestos cases. The majority of these caps are placed on non-economic damages, such as discomfort and pain, as well as loss of enjoyment. Some states also restrict punitive damages. These are the extra damages that a judge can give if they believe an organization acted in a particularly bad way. These limitations have had a negative impact on the number of asbestos lawsuits. These limitations have led to huge settlements in asbestos cases and an overcrowded court docket. Many of these lawsuits are filed by out-of-state plaintiffs. To deal with this problem certain states have passed forum shopping laws which prohibit out-of-state claimants from bringing large settlements into their jurisdiction. These cases are also processed faster when laws that restrict the amount that a plaintiff can be awarded are in place. An attorney for mesothelioma can assist you receive the compensation you are 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. While most industrialized countries have banned asbestos however, the United States still allows its use in certain products. Generally, asbestos is only allowed in building materials, and a small number of other applications. A mesothelioma lawyer knows the laws and regulations of the state regarding asbestos to help clients get the amount of compensation they deserve.