By Stephen J. Carroll
Analyzes the prices and repayment paid for asbestos personal-injury claims and discussess such concerns because the present nation of asbestos litigation within the usa, the prices of reimbursement, the consequences if litigation within the companies, and theevolving personality of litigation.
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Extra resources for Asbestos Litigation: Costs and Compensation
For that reason, we believe these data are accurate. ” All of these interviews lasted at least one hour, and some took considerably longer. In some instances, we conducted multiple interviews with a single source. The picture of the current state of asbestos litigation that emerged from these interviews was remarkably consistent. Where some interviewees had sharply different views of the litigation than others, they noted that themselves and discussed why their perceptions differed. All the interviews were conducted under the promise of confidentiality to encourage candor, and we explained the purposes of the study and our general approach to all the interviewees.
In lieu of federal reform, critics of current asbestos litigation processes look either to state legislatures and courts or to bankruptcy proceedings and personal injury trusts to improve the resolution of asbestos claims in the future. Congressional Reforms Medical Criteria. One reform strategy, supported by the American Bar Association, seeks to limit compensation for asbestos disease to plaintiffs whose injuries met certain specified medical criteria. , pleural scarring—that under current state law in Summary xxxi many jurisdictions would allow them to seek compensation.
As a result, these firms may reduce their investment levels. Reductions in investments, in turn, can lead to reductions in the creation of new jobs. Is There a Better Way? Efforts to improve the resolution of asbestos litigation implicate strongly held views about the tort system, which has traditionally been the primary vehicle in the United States for compensating victims of injurious behavior by others and an important tool for regulating corporate behavior. Traditionally, the tort system in the United States has been viewed as having three objectives: compensation, deterrence, and individualized corrective justice.
Asbestos Litigation: Costs and Compensation by Stephen J. Carroll