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Justice: How Technology Transforms Asbestos Lawsuits

Michael K. Gauthier | Updated On December 21, 2023

Due to the emergence of global demand for technology to increase the efficiency of court systems, people have witnessed service standardization in recent times. 

The demand arises from a variety of players such as courts, judges, lawyers, governments, and public users. Law 1968 of 2019 in Columbia banned the use of Asbestos in the national territory. 

This breakthrough took years, however, the allocation of susceptibility against people who exposed others to Asbestos and the assessment of damages for plaintiffs is not addressed in the law. 

Asbestos is still in use in multiple industries. A high level of morbidity and mortality follows its exposure. Long story short, Asbestos can generate injuries to human health who are exposed to it. 

However, its impact can be revealed after years or decades of exposure.

Do You Know?
According to data from the Centers for Disease Control and Prevention, 1,290 (on average) Asbestos deaths occur every year in the U.S.

In this guide, you will get to know aspects of E-Justice and comprehend how technology is transforming Asbestos laws.

Understanding Asbestos Lawsuits

First, understand what Asbestos is. It is an infection of the lungs brought on by an incremental formation of scar tissue. As a consequence, its fibers impede lung functioning which might lead to death or disability. 

Moving on, the laws for Asbestos have been established by both state and federal governments. 

This is done to regulate occupational or household exposure to it. This law was created to protect individuals who have suffered and died due to the harmful consequences of Asbestos

Asbestos Law Firms

Two companies that combated against the victims of Asbestos exposure are Serling & Abramson. 

In the mid-1960s, there was a rise of evidence linking Asbestos to several serious diseases like malignant mesothelioma cancer. 

Asbestos Law Firms focus on litigation which can quickly and efficiently evaluate your case. And, determine the eligibility to seek compensation. 

These firms have helped thousands of sufferers obtain compensation for their losses like:

• Lost wages
• Earning capacity
• Medical bills
• Pain and suffering

What is E-Justice?

E-justice is the use of technology, data, and communication to enhance citizens’ access to justice and judicial action. It consists of conflict settlement or the imposition of unlawful sanctions.

While delays have a range of adverse consequences, the employment of Internet technologies in the judicial system can accelerate the processing of cases. However, the simplified filing and legal records-keeping make it easier to monitor pending cases and facilitate judiciary work. 

Objectives of E-Justice:

• Promote national and European synergies.
• Effective judicial cooperation.
• Mediation.
• Facilitating video conferencing.
• Continue interconnection of criminal records.

The Transformation of Asbestos Lawsuits

The complexities of legal cases are reducing day by day with the transformation of Asbestos lawsuits. Before filing an Asbestos lawsuit, individuals are required to familiarize themselves with the ways of preserving evidence. 

The transformation is streamlining performance, promoting efficiency, and delivering justice more swiftly or fairly than ever.

Statistics:
The graph above demonstrates the projected annual deaths from Asbestos-related diseases. The data ranges from 1967-2027. 

Besides, the development of data analytic tools brings the capability to aggregate both structured and unstructured data from a variety of sources. 

Such tools allow the transformation and interpretation of large volumes of data. 

Online legal research platforms enhance knowledge sharing and research efficiency. 

Online platforms deliver real-time updates for lawyers which makes it easier for them to access precedents and case laws related to Asbestos. 

Therefore, it minimizes the risk of relying on outdated data. 

Claimants and Defendants 

By 1982, Asbestos litigation was growing. Back then, according to House Research Organization 2004, there were approximately 20,000 claimants who had filed lawsuits against 300 defendants.

The major corporations filed for bankruptcy. Today, the situations are different, and the economic impact of the litigation has become enormous. 

But still, there were problems

Case Study:
Asbestos Claims Management Corporation (ACMC) registered a prepackaged bankruptcy plan in 1992. It was the vehicle set up to compensate claimants against National Gypsum, however, filed for bankruptcy protection in 1990. 
The reason behind this was that they ran short of money to pay the claims against it. Further, National Gypsum agreed to pay ACMC an additional $347 million for future claims

At least 70 companies have filed for bankruptcy. Thus, this code has increasingly become the primary means that defendant companies can turn to. This is practiced for relief in the face of a tort system.  

The Economic Impact of Asbestos Litigation 

Leonard (2003) explained, “These costs and inefficiencies are nominally shouldered by business (yet another obstacle to the raw competitive position of manufacturers) but are ultimately borne by consumers in the form of higher product prices, workers in the form of lower wages, and by investors in the form of lower returns”. 

There was a significant increase in insurance company insolvencies in the five years before 2003. 

It was due to the increased number of defendant companies seeking coverage under both the product liability portions and non-product liability portions which tend to have aggregate limits.

Despite this, there is no currency in any sector of the American economy that is not impacted.  Meanwhile, money is not considered the only cost of Asbestos litigation that the economy has to

support.

Proposed Compensation Levels 

The table above depicts the act’s proposed compensation levels. 

Severe Asbestos is in the same range as compensatory damage awards at trial. But, how much do they actually get? 

Well, most tort claimants receive much less, it is because claims are generally settled out of court. For the same reason, the settlement levels are much lower than damage awards.

Conclusion

Decisively to receive compensation, E-justice combined with Asbestos lawsuits illuminates the path for great accessibility, efficiency, and a fair legal system. The technological transformation empowers lawyers to ensure timely justice. 

Nonetheless, to receive compensation, claimants must reveal evidence stating particular levels of exposure to it for at least a minimum number of years with medical proof that they have a qualifying Asbestos disease. 

Lastly, you must be aware of the fact that justice is a palpable truth that shapes the future of legal procedures.