How to File an Asbestos Lawsuit

The defendants have 30 calendar days to reply after the attorney for the victim is able to file an asbestos lawsuit. The majority of them will deny the allegations and may offer a settlement prior to the trial gets underway.

However it is true that a verdict in a trial usually yields higher awards than settlement offers or trust fund claims. Patients should always hire a national law firm with expertise in handling mesothelioma cases.

The history of Asbestos Litigation

Asbestos is a naturally occurring fibrous mineral that can trigger a wide variety of health problems. Due to its strength and fire-retardant abilities, as well as its low cost, asbestos was used in numerous products until the mid-1970s. During this time, asbestos consumption in the United States peaked. It is still present in many older buildings and structures in America. Asbestos has been linked to mesothelioma and lung conditions, and several types of cancer. Asbestos lawsuits are the longest-running mass tort in America's history.

Asbestus lawsuits stem from the fact exposure to asbestos can cause severe and debilitating medical illnesses, including mesothelioma which is a deadly lung disease that can take years to develop. When asbestos was used in the manufacturing process, the manufacturers knew about the dangers it presented to consumers and workers, but they did not divulge the information. As a result asbestos victims are able to claim compensation from the makers of the dangerous products.

Defense attorneys in asbestos lawsuits employ a variety of tactics to avoid paying compensation. This includes filing frivolous motions with the intention that you will die before your case is decided or simply give up. However, our mesothelioma attorneys are skilled at thwarting such efforts and ensuring that your claim moves forward.

The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It ruled that anyone selling an item to another person that is unreasonably hazardous is liable for any damages that are incurred by that other person. This ruling opened up the floodgates for asbestos lawsuits.

Another change was the discovery of hidden documents that revealed asbestos manufacturers attempted to cover up asbestos's dangers. These documents were used by plaintiffs in court to support their claims against asbestos companies.

Many asbestos attorney manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy it is able to set money aside in trusts that provide settlements to asbestos victims. However, the amount that the company pays out in bankruptcy proceedings is minuscule in comparison to the amount that could be obtained in a civil lawsuit.

Unfortunately asbestos defendants are also often known to employ "experts", who would assist them in court by publishing and conducting research supported by asbestos companies. This was an attempt to undermine the research-based evidence that asbestos exposure in any form can cause mesothelioma.

Suits Types

Many people who develop mesothelioma or asbestos-related diseases did not realize they were exposed to harmful substances. Some companies that manufactured asbestos-containing products were aware the dangers but decided to put profits before the lives of their customers. They did not divulge the information with the public. If you or someone you know has been diagnosed with an asbestos-related disease you may file a lawsuit against the business responsible for your exposure. You can also seek compensation from an asbestos trust fund.

Asbestos lawsuits are civil suits. They can also be a result of personal injury or breach of contract. These cases are heard by an adjudicator, and parties can submit motions or other pleadings during the litigation.

Statute of Limitations

The statute of limitations for asbestos, or time limit for filing an action against a negligent party, varies by state. In general, personal injury lawsuits must be filed within three years from the date the victim's symptoms first begin to manifest. There are special rules for mesothelioma-related cases. This is because mesothelioma symptoms usually don't manifest until decades after exposure to asbestos. This is the reason why patients and their loved ones need the help of an experienced mesothelioma lawyer in order to file a claim in time.

Asbestos victims are in a unique position. Most personal injury cases involve injuries or accidents. Mesothelioma, asbestos attorneys-related diseases and other illnesses are considered by law as "disability." This means that the victims might not be aware of or comprehend their symptoms until after they've suffered a substantial loss. This is why asbestos statutes of limitation have an extended discovery rule to account for the time between the date of exposure and the initial appearance of symptoms.

Another aspect that influences the time limit for an asbestos case is the location of the injured or deceased. Some states have a longer duration of limitation than others. In these instances, an attorney who is knowledgeable about the appropriate jurisdiction and who can assist the victims to file in that state is crucial.

Documentation and reports that relate to the diagnosis of asbestos-related cancer or disease are also important when determining the time when the statute of limitations begins. An attorney for mesothelioma may review the asbestos lawyers victims' work history to determine the possible places of exposure to asbestos.

It is important to know that the statute of limitations can differ based on the type of claim and even the asbestos manufacturer or employer. Many asbestos producers have closed or been sold to another company. As such, victims must be prepared to sue multiple parties to ensure they receive the maximum compensation for asbestos-related injuries and illnesses. A mesothelioma lawyer can go over the different types of claims for victims and help them determine which defendants to name in their lawsuit.

Jury Verdicts

The asbestos victims are awarded compensation by a jury or a judge. The amount of the award could be greater or less than the settlement agreement negotiated between the company and the plaintiff.

Asbestos litigation often involves multiple defendants. Attorneys representing plaintiffs are seeking justice for victims by seeking the highest amount of compensation from defendants who have contributed to expose their clients to asbestos. It is essential to choose lawyers who have experience with asbestos and can explain complex and technical issues to laymen in a manner that is easy to understand.

In recent years the most significant jury verdicts in asbestos cases have occurred in multi-district litigation. In this type of litigation, there are multiple cases that are consolidated for trial in a single venue. This allows for economies of scale as well as an easier process for both parties. It also allows jurors to see consistency of results.

One issue that may arise in multi-district litigation is the "state of the art" defense, which states that a manufacturer cannot be held liable for damages caused by exposure to the product in the event that it was discovered at the time of the sale that the product was danger, or in the alternative, a buyer might have discovered this information through reasonable inquiry. The standard is set by the Restatement (Second) Section 402A. Comment j.

A lot of times, an asbestos victim has suffered from a lesser illness such as asbestosis before developing the more serious cancer mesothelioma. Since the symptoms of mesothelioma are similar to those of other breathing disorders that is why it is essential for our asbestos lawyers to retain medical experts who can distinguish the two diseases and prove that mesothelioma is connected to asbestos exposure.

Kazan McClain Satterley & Greenwood has, for instance, won the award of $12,000,000 in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. The verdict of the jury for the victim and her husband was significantly higher than previous verdicts in this case. This is despite the defendants ' argument that the worker's exposure to asbestos increased her risk of lung cancer because of her smoking.