How to File an Asbestos Lawsuit

Once a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. The majority of defendants will deny the allegations and offer a settlement to settle before the trial begins.

However it is true that a verdict in a trial usually results in higher settlement offers or trust fund claims. Patients should always choose a law firm in the nation with experience in handling mesothelioma cases.

History of Asbestos Litigation

Asbestos is a naturally occurring fibrous material that can cause a broad variety of health issues. Asbestos was utilized in a wide range of products up until the mid-1970s because of its durability, fire-resistant properties and low price. In the mid-1970s, asbestos consumption in the United States peaked. It is still found in a variety of older buildings and structures in America. Asbestos has been linked with various types of cancer, respiratory conditions, and mesothelioma. Asbestos lawsuits are the longest-running mass tort in the country's history.

Asbestus lawsuits are based on the fact exposure to asbestos can cause severe and debilitating medical diseases, such as mesothelioma which is a deadly lung disease that can take years to develop. When asbestos was used in the manufacturing process, the manufacturers were aware of the dangers it could pose to workers and consumers but did not disclose the information. Due to this, asbestos victims can claim compensation from the manufacturer.

Defense attorneys in asbestos lawsuits employ a variety of tactics to avoid paying compensation. This can include filing frivolous motions, hoping you will die or give up before your case is settled. Our mesothelioma lawyers are proficient in stifling such attempts and ensuring that your claim is taken forward.

One of the most significant developments in asbestos litigation was the publication of The Restatement of the Law of Torts that stated that anyone who sells a product which is unreasonably risky to others is liable for any damages suffered by that person. This ruling opened the floodgates to asbestos lawsuits.

A second breakthrough was the discovery of secret documents that revealed asbestos manufacturers attempted to cover up asbestos' dangers. These documents were used in court to strengthen the lawsuits brought by plaintiffs against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it can set aside money in special trusts that provide settlements to asbestos victims. However, the amount that the company pays out in bankruptcy proceedings is minuscule when compared to the amount that can be obtained in a civil lawsuit.

As a matter of fact, asbestos defendants have also been known to contract "experts" who would help them in court by conducting research and submitting papers supported by the asbestos attorney industry. This was a clear effort to undermine the scientific consensus that exposure to asbestos in any form can cause mesothelioma.

Suits of different types

Many people who develop mesothelioma or other asbestos-related ailments didn't realize they were exposed to the toxic substance. Some companies that manufactured asbestos-containing products were aware the dangers, but chose to prioritize profits over the lives of their customers. They did not divulge the information with the general public. If you or someone close to you has been diagnosed with an asbestos-related disease, you can bring a lawsuit against the company responsible and receive compensation from an asbestos trust.

Asbestos lawsuits are civil suits. They can also be a result of personal injury or breach of contract. A judge is the judge in these cases, and the parties may file motions and other pleadings during the process of litigation.

Statute of Limitations

The statute of limitations for asbestos, or the time limit to start a lawsuit against a person who is negligent and liable, differs from state to state. Personal injury cases are generally filed within three years from the victim first begins to experience symptoms. In mesothelioma cases, however there are specific rules that apply. Because mesothelioma symptoms typically do not show until years after exposure to asbestos. This is the reason why patients and their families need the assistance of a seasoned mesothelioma lawyer in order to submit a claim on time.

While the majority of personal injury claims involve accidents or injuries, asbestos victims face unique circumstances. Mesothelioma, asbestos-related diseases and other diseases are classified by the law as "disability." This means that patients may not be aware of or understand their symptoms until after they have suffered a major loss. This is why asbestos statutes of limitations include an extended discovery rule to account for the time between the time of exposure and the initial appearance of symptoms.

The location of the injured person or the deceased person's location can determine the time frame for an asbestos case. Certain states have a longer time of limitation than others. In these cases, a mesothelioma lawyer who knows the right jurisdiction and can assist the victims to file their claims in the appropriate location is crucial.

Documentation and reports that correspond to the diagnosis of asbestos cancer or disease are also important when determining the time when the statute of limitations begins. An attorney for mesothelioma can look over the asbestos-related work history of asbestos victims to determine the possible places where asbestos lawyer exposure may have occurred.

It is important to remember that the statute of limitations can differ depending on the type of claim or even by the asbestos manufacturer or employer. Many asbestos producers have either closed or been sold to a different company. Therefore, asbestos victims must be prepared to sue multiple parties to ensure they receive the maximum compensation for asbestos lawyer-related illnesses and injuries. A mesothelioma lawyer can go over the various kinds of claims available to a victim and help them identify the defendants they should name in their lawsuit.

Jury Verdicts

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

Asbestos litigation often involves multiple defendants. The attorneys of the plaintiffs seek justice for the victims by pursuing the highest amount of compensation possible from the defendants responsible for their clients exposure to asbestos. To maximize the chances of winning, it is crucial to hire lawyers who are knowledgeable about asbestos and who know how to present complex and technical issues in a way that is easy for the lay person to understand.

In recent years, the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, in which there are multiple cases that are consolidated for trial in a single venue. This allows for economies of scale as well as a more streamlined procedure for both parties. It also allows the jury to observe a consistent outcome.

The "state of the art" defense is one issue that can arise during multi-district litigation. This defense says that a manufacturer cannot be held accountable for damages when they knew at the time of purchase that the product was hazardous or alternatively, a buyer could have uncovered this information by making an appropriate inquiry. The standard is set by the Restatement (Second) Section 402A. Comment j.

Mesothelioma is a serious cancer that can develop after an asbestos victim has been suffering from a less serious illness, such as asbestosis. Because the signs of mesothelioma are comparable to other breathing diseases, it is essential that asbestos lawyers have medical experts to distinguish between the two types of cancer.

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 in favor of the victim and husband was significantly higher than the previous verdicts in this case. This is despite the defendants arguing that asbestos exposure increased her risk of lung cancer due to her smoking.