Georgia Mesothelioma Lawyer
3/22/11
Asbestos is an issue of great concern to many people in Georgia, due to the high concentrations found naturally in the state. Geologically, the Appalachian Mountains that run through the state are a very old range which sustained tectonic pressures: ideal conditions for the formation of asbestiform minerals. As a result, there are many deposits of naturally-occurring asbestos in the northern part of the state. Asbestos exposure occurs from more sources that simply naturally, which has led to an increase of mesothelioma lawyers Georgia practicing in the state.
Georgia-Pacific was one of the many corporations that were supporting the supposed “F.A.I.R.” (“Fairness in Asbestos Injury Recovery”) Act. This bill which was put forward by Pennsylvania Senator Arlen Specter (R-PA), died in committee in 2006. The law would have denied asbestos victims the right to sue corporations for their injuries as well as shielding those same corporations from the liability of mesothelioma lawsuits Georgia. It seemed that the concern of Georgia-Pacific management may not have been the pain, suffering and economic devastation of their victims, but rather their stock price. A speculated reason of their support was that GP faced so many mesothelioma settlements Georgia that the price of their stock dropped heavily. GP management later decided to establish a $665 million fund specifically to cover asbestos liabilities through 2012. This fund was to help pay for cases brought by Georgia mesothelioma attorneys.
Georgia courts seem to be divided as to whether or not they are pro-victim in a Georgia mesothelioma lawsuit. Cases from asbestos-related diseases such as mesothelioma can be consolidated to help speed up the procedure of recuperating damages for victims. Despite legislation that stops suits from being filed until damage has been proven, there are safeguards in place to make sure that the statute of limitations is extended to account for the new legislation.
This pro-victim legislation such as the ability to consolidate cases was balanced with somewhat anti-victim legislation in 2005. During the case of CSX Transportation Inc. v Williams et. al., it was determined that CSX transportation was only responsible for a mesothelioma settlement Georgia to those people who were actually employed by the company. Family members who contracted the disease due to second-hand asbestos exposure such as the fibers brought home on the clothes of CSX employees are not eligible to receive mesothelioma settlements in Georgia.
Those interested in filing a mesothelioma lawsuit Georgia or hiring a mesothelioma lawyer in Georgia should know that the statute of limitations for personal injury law in Georgia is two years with a discovery rule that states that this amount of time begins when the problem (in this case the mesothelioma) either was discovered or should have been discovered. Wrongful death cases fall under the same statute of limitations and follow the same discovery rule with the time beginning at date of death.
Until the last decade, Georgia had no specific statutes about asbestos. However, legislation passed in 2005 limited the lawsuits that would be seen by the court upon filing by a mesothelioma attorney Georgia. This legislation restricts lawsuits only to those victims who have suffered physical ailment because of exposure to asbestos. The legislation makes it no longer acceptable to sue due to exposure.. There was initially some concern that mesothelioma lawsuits Georgia already filed before the new law would be affected by it; however court rulings determined that the law applies only to new cases.



















