Mesothelioma litigation isn’t always about ramming a proverbial fist down the throats and pocketbooks of noncompliant companies. In fact, many victims of cancerous asbestos exposure would rather see changes enacted.
Internet searches are inundated with mesothelioma litigation firms that want you to get paid. They’re less interested in the emotional toll and physical damage that’s been done to you or your loved one; as long as they’re getting their 33% (or more), everyone wins.
But when victims simply need a voice – and sweeping changes – few step forward. That’s why sometimes it’s best to litigate changes instead of attempting to sue for compensation some people will never see due to terminal diagnoses that most certainly lead to death before the check is cut.
Why mesothelioma litigation is a corporal punishment tool
Once overexposure to asbestos begins doing irreparable damage to the pleura, an exhaustive treatment process ensue which undoubtedly leads to death. If one is lucky to detect damage before it becomes full-blown, an aggressive recovery plan can be put into motion. Problem is, why are victims of mesothelioma still litigating when, in all actuality, asbestos should be outlawed?
Well, mesothelioma litigation still transpires because although the EPA tried phasing out commercial use of asbestos in 1991, the landmark Corrosion Proof Fittings v. the Environmental Protection Agency case reversed the phase-out, leaving only the current 2014 OSHA ruling that 100,000 strands per 5 cubits of breathable air are permitted per 8-hour work day.
Litigation of mesothelioma deaths and incurable cancers caused by overexposure to asbestos isn’t always about money, but it’s a powerful corporal punishment tool. Ford, hell-bent on proving their asbestos brakes have no link to mesothelioma, decided to invest $40 million in sciences they developed just to put an end to the numerous pending suits that claim automakers play an integral role in keeping asbestos in existence when, in essence, it’s an archaic compound – at least in terms of today’s standards of brake material.
Changes in mesothelioma trials coming? We think not.
While numerous law firms have made millions in mesothelioma litigation, their days of abrupt, somewhat abusive litigation tactics may be short lived.
According to one report from Bloomberg Business, lawyers habitually delay litigation in bankrupt trust cases, so when tort claims arise, only solvent companies are responsible for asbestos claims payment. This form of vexatious litigation has long been under scrutiny, but even if reform was to happen tomorrow, it would likely not deter the numerous pending mesothelioma cases pending payment or even initial hearing.
But what about those cases where lawyers are simply trying to get changes to transpire?
Unfortunately, mesothelioma litigation is for only one outcome: monetary gain. A gain which is often one-sided and will have very little if any bearing on how commercial applications of asbestos are used in the future. Auto companies using asbestos, older buildings with asbestos insulation and everything in between needs changed. And soon.
Which is what some victims would prefer: some change for their loved ones as their final wish before death.