How to File an Asbestos Lawsuit

If a victim's lawyer file an asbestos lawsuit, the defendants have 30 days to respond. Most will deny the allegations and may offer a settlement before 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 hire an attorney who has experience handling mesothelioma cases.

The History of Asbestos Litigation

Asbestos lawyer is a naturally occurring fibrous mineral that can trigger a wide variety of health issues. Asbestos was utilized in a myriad of products from the mid-1970s due to its durability, fire retardant properties, and low cost. In the mid-1970s asbestos usage in the United States peaked. It is still present in a variety of older buildings and structures in America. Asbestos is associated with mesothelioma, lung diseases, and several types of cancer. Asbestos litigation is the longest-running mass tort in the nation's history.

Asbestos lawsuits arise out of the fact that asbestos exposure can lead to debilitating and serious health conditions, such as mesothelioma. This is a fatal lung condition that can develop over decades. When asbestos was used, manufacturers knew about the dangers it posed to workers and consumers but didn't disclose the information. Due to this, asbestos victims may get compensation from the manufacturers.

The defendants in asbestos lawsuits employ various strategies to avoid paying out compensation. This could include filing frivolous motions hoping that you will die before your case is settled or give up. However, our mesothelioma lawyers are skilled at thwarting these efforts and ensuring that your claim is moved forward.

The publication of The Restatement of the Law of Torts in 1965 was a significant step for asbestos litigation. It ruled that anyone who sells an item to a person who is unsafe for the reason that it is will be liable for any damage that are incurred by that other person. This ruling opened the floodgates of asbestos lawsuits.

Another interesting development was the uncovered of secret documents that revealed asbestos companies tried to cover up the health hazards of asbestos. These documents were used in court to strengthen claims by plaintiffs against the asbestos companies.

Many asbestos attorneys manufacturers escaped litigation by declaring bankruptcy. When a business declares bankruptcy, it can put money aside in trusts that specifically pay out settlements to asbestos victims. The amount a business has to pay to file for bankruptcy is a tiny fraction of the amount it could get in a civil lawsuit.

However asbestos defendants have been known to contract "experts" who would assist them defend their case in court by conducting research and publishing papers that were funded by the asbestos industry. This was an attempt to discredit the scientific consensus that asbestos exposure in any form could cause mesothelioma.

Suits Types

Many people who develop mesothelioma or other asbestos-related diseases didn't realize they were exposed to the dangerous substance. Unfortunately, some of the companies that manufactured asbestos-containing products knew its risks and put profits ahead of the health of their customers, but did not share this information with the public. If you or someone you care about has been diagnosed with an asbestos-related illness you may make a claim against the business responsible for your exposure and receive compensation from an asbestos trust fund.

Asbestos lawsuits are civil actions that also cover cases that involve personal injury and breach of contract. A judge decides on these cases, and parties can file motions and other pleadings during the duration of the litigation.

Statute of Limitations

The statute of limitations for asbestos, or time limit for filing a lawsuit against a negligent party is different for each state. Personal injury lawsuits are usually filed within three years of the date when the victim first starts experiencing symptoms. Special rules apply in mesothelioma situations. Mesothelioma is a rare illness that usually does not develop symptoms until years after exposure to asbestos. This is why that patients and their families need assistance from mesothelioma attorneys to ensure that they complete their claim in time.

Although the majority of personal injury cases result from injuries or accidents asbestos victims are in unique circumstances. Mesothelioma and asbestos-related diseases as well as other diseases are classified by law as "disability." This means that victims may not be aware of or comprehend their symptoms until after they have suffered a major loss. This is why asbestos laws have a longer discovery period to account for the time between exposure and the first onset of symptoms.

The place of the person who was injured or the deceased person's location can affect the statute of limitation for an asbestos case. Some states have a longer period of time to file a claim than other. In these cases it is essential to find a mesothelioma lawyer who knows the right jurisdiction and can assist victims to file in the right location.

Documentation and reports that relate to the diagnosis of asbestos cancer or disease are crucial in determining when the statute of limitations commences. A mesothelioma lawyer may review the asbestos lawyer victim's work history to identify potential locations of asbestos exposure.

It is also important to remember that the statute of limitations can differ based on the type of claim and even the asbestos employer or manufacturer. Many asbestos manufacturers have closed or been sold to another company. Therefore, asbestos victims must be prepared to sue several parties to get maximum compensation for their asbestos-related injuries and illnesses. An attorney for mesothelioma can look over the various kinds of claims available to the victim and assist them to identify the defendants they should name in their lawsuit.

Jury Verdicts

A judge or jury awards compensation to asbestos victims. The amount of the award may be higher or lower than the settlement agreement negotiated between the victim and company.

Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims, requesting the highest amount of compensation from the defendants who contributed to their clients exposure to asbestos. It is crucial to employ lawyers who have worked with asbestos lawyer and can explain complex and technical issues to lay people in a way that is simple to comprehend.

In recent years, the most significant jury verdicts in asbestos cases came from multi-district litigation. This is when several cases are consolidated and tried in one place. This allows for economies of scale and more efficient procedures for both parties. It also allows the jury to observe a consistent outcome.

One issue that may arise in multi-district litigation is the "state of the state of the art" defense which says that a manufacturer cannot be held liable for damages caused by exposure to a product unless it was evident at the time of the sale that the product was a danger or, in the alternative, a seller could have discovered such information through a reasonable inquiry. The Restatement (Second) of Torts, Section 402A Comment j, sets out the norm.

Often, an asbestos victim has suffered from other illnesses like asbestosis prior to developing the more serious cancer mesothelioma. Because the symptoms of mesothelioma are similar to other breathing disorders, it is important for asbestos lawyers to engage medical experts who can distinguish the two diseases and demonstrate that mesothelioma can be directly related to the asbestos exposure.

In the year 2019, Kazan McClain Satterley & Greenwood secured a $12 million verdict against Johnson & Johnson and Colgate-Palmolive for a worker who had died from mesothelioma. The jury's verdict for the victim and her husband was considerably higher than previous verdicts in this case, despite defense of the defendants that smoking increased the risk of lung cancer as a result of her exposure to asbestos.