Asbestos litigation can be a highly complex process. Part of the reason for this has to do with the ongoing developments in high-profile asbestos lawsuits: previous court cases have set a precedent for the present, and present cases have the capacity to set new precedents for the future. 

Most people who have never been involved with asbestos litigation, or know someone that has, will have a lot of questions about what the entire process is like. 

This could include everything from unrealistic expectations related to the length of time asbestos litigation can take to unnecessary concerns about the requirements that are included in the litigation process. This article can help you grasp the basics, and it can equip you to follow some of the latest developments in asbestos litigation with a better understanding. Here’s what you need to know.

How to Prep and What to Expect

Climbing Mount Everest is not something that is decided on a whim. It takes preparation, both physically as well as mentally. Things need to be put in order, expectations need to be put into place, and the entire process is better approached by breaking down the massive feat into smaller, more manageable steps within the process. 

Asbestos Litigation Isn’t Always Straight-Forward

While asbestos litigation is neither as dangerous nor as difficult as climbing Mount Everest, it is certainly an uphill battle. Asbestos litigation is a process that requires the necessary preparation and set of expectations for anyone who decides to pursue that route. 

This might seem like a surprising point. After all, with entities such as the National Cancer Institute saying that there is no existe un nivel seguro de exposición al asbesto based on all the available evidence, asbestos litigation seems like it should essentially be a plain and simple matter. Unfortunately, things aren’t quite that simple when it comes to asbestos litigation. 

An Asbestos Attorney Can Help Simplify the Complex

This is one of the reasons why having an asbestos attorney is a game changer for those who are suffering from the irresponsible decisions of asbestos corporations and want to pursue legal action. While asbestos litigation may be new to you, it isn’t new to the professionals at AsbestosClaims who specialize in helping you work through the uphill battle of asbestos litigation from start to finish.  

Asbestos Litigation Requires Time and Patience

Part of the complexity of going through the asbestos litigation process is the fact that lawsuits can often be related to exposición al asbesto that occurred four or five decades ago. While you, the one suffering, might be sure that the company you or your loved one worked for is responsible, this needs to be adequately demonstrated in court with compelling evidence, expert witness testimony, and whatever else might be necessary to your arguments, especially since the burden of proof is placed on you, the plaintiff. 

What’s more, companies on the other side of the court process will also have their own attorneys and fact-finding process, in order to escape any claims of negligence or financial responsibility. In fact, the further back we go in history, the more ejemplos we have of companies that have successfully done just this. Because of this and many other reasons, asbestos litigation is far from cut and dry, and there is no such thing as a one size fits all approach for those pursuing the compensation that may be available at the mountaintop of a trial process.

The Latest (Complicated) Developments

As mentioned already, every asbestos litigation process is unique, but that does not take away from the fact that certain old and new developments can serve to further complicate the already complex process of asbestos litigation.

One example of this includes the ongoing research related to various types of cancer that may be caused by asbestos. Mesothelioma is a typical example that can be linked to asbestos, but other cancer types are not quite so straightforward, due to other factors. For instance, asbestos exposure has been linked to ovarian cancer, but there are fewer cases and a smaller amount of evidence to link these two, compared to other examples like mesothelioma. 

While the quantity of evidence may not be as important compared to the quality of evidence in the minds of many, defendants may take this fact to argue their case that a whole host of other factors could rightly be attributed to ovarian cancer, rather than asbestos exposure.

Contaminated Talc

Ovarian cancer and other cancers are at the heart of the controversy related to Johnson and Johnson and their talc baby powder. Talc can become contaminated with asbestos, as they are both naturally occurring minerals, and the result of talc baby powder products contaminated with asbestos has led to a wide range of lawsuits against Johnson and Johnson for negligence related to cases such as ovarian cancer. 

Johnson and Johnson’s Evasive Maneuvers

However, the complicated part of this is the fact that Johnson and Johnson recently used Texas law in order to form another corporation, LTL Management that would become responsible for these lawsuits. After forming LTL Management, that entity immediately filed for bankruptcy in an attempt to escape legal liability. Further, this effectively halted many court proceedings related to the company. This business move, an unintended provision in Texas law, has been infamously referred to as the Texas Two-Step. 

What This Means, and Alternatives to Filing a Lawsuit

Billions of dollars in asbestos compensation are unclaimed, and do not require suing anyone. 

Qualified applicants just have to file a claim.

While the issue of Johnson and Johnson is still ongoing, all eyes are on this latest asbestos litigation development. One reason is that people want to know if Johnson and Johnson is going to be able to effectively evade the legal ramifications of their talc products, unlike the earlier multi-billion dollar example of Johns-Manville, who filed for bankruptcy in 1982 as a result of the surmounting asbestos litigation. 

The Texas Two-Step seems like a very convenient way for Johnson and Johnson to escape the financial liability of asbestos litigation, but it is still unclear what the final results of this ongoing process will look like. 

Learning About Alternative Options Available for Asbestos Injuries

However, you should know that asbestos litigation is not the only way to receive compensation for asbestos injuries. In fact, while all instances of asbestos litigation can be complex and risky from a legal standpoint, there are ways to receive compensation that avoid the legal process of going to court, gathering expert witnesses, and fighting against the arguments of massive corporations. 

Asbestos Trust Funds

This alternative is known as asbestos trust claims. In this process, an asbestos attorney can help you seek compensation from all relevant trust funds that have been established as a way to pay those who suffer from asbestos exposure. Each trust fund has its own requirements and statute of limitations, so it is important to reach out to an abogado de asbesto who can help you compile the required information and determine what options are best for you, entirely risk-free. 

What are asbestos trust funds? Do they require filing a lawsuit? (Hint: No)

Hopefully, this gives you some insight into the ongoing complexities of asbestos litigation, and why they are often far less than straightforward. While you may decide to seek every available option at your disposal to receive compensation, you should be aware that companies will also seek every available option to avoid financial responsibility on your part. 

Some of the latest asbestos litigation developments are still up in the air, but your right to compensation doesn’t have to be. Reach out to us today to get started. We’ll walk you through the entire process!