How to File an Asbestos Lawsuit

Once a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. Most will contest the allegations and offer a settlement prior to the trial begins.

A verdict at trial typically will result in more awards than trust fund claims or settlement offers. Patients should seek out an attorney firm with expertise in handling mesothelioma lawsuits.

The history of Asbestos Litigation

Asbestos is an naturally occurring fibrous mineral that can cause a wide variety of health issues. Asbestos was utilized in a myriad of products up until the mid-1970s because of its durability, fire retardant properties, and low cost. Asbestos usage soared in the United States during this time and continues to be present in many older buildings and structures across America. Asbestos is linked to mesothelioma and lung conditions, and several types of cancer. Asbestos litigation has been the longest-running mass injury in the history of America.

Asbestus lawsuits are based on the fact that exposure to asbestos can cause severe and debilitating health conditions, including mesothelioma, which is a life-threatening lung disease that can take a long time to develop. Manufacturers knew asbestos could pose an hazard to consumers and workers, but they did not make it clear. 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 the case is resolved or simply give up. Our mesothelioma lawyers are proficient in stifling such attempts and ensuring that your claim gets forward.

A major development in asbestos litigation was the publication of The Restatement of the Law of Torts, which stated that anyone who sells a product that is unreasonablely dangerous to someone else is liable for any damages suffered by the person who sold the product. This ruling opened the floodgates to asbestos lawsuits.

Another interesting development was the uncovered of secret documents that revealed asbestos companies tried to hide the health hazards of asbestos. 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 business declares bankruptcy, it can set funds aside in trusts that pay settlements to asbestos victims. However, the amount an organization pays in bankruptcy proceedings is minuscule compared to what could be obtained in a civil lawsuit.

Unfortunately, asbestos defendants have also been known to hire "experts" who would assist them defend their cases in court by conducting research and submitting papers supported by the asbestos industry. This was an obvious attempt to discredit the scientific consensus that exposure to asbestos in any form could cause mesothelioma.

Suits of various types

Many people who suffer from mesothelioma or asbestos-related diseases didn't realize they were exposed to harmful substances. Unfortunately, a few companies that produced asbestos-containing products knew its risks and put profits ahead of human life, but they did not disclose this information with the general public. If you or someone you care about has been diagnosed with an asbestos-related illness you can file a lawsuit against the company responsible for your exposure. You can also seek compensation from an asbestos trust fund.

Asbestos lawsuits are civil suits. They can also involve personal injury or breach of contract. A judge decides on these cases, and parties can file motions and other pleadings during the course of litigation.

Statute of Limitations

The asbestos statute of limitations or the time frame for filing a lawsuit against a negligent party differs by state. Personal injury cases are generally filed within three years from the victim first begins to experience symptoms. For mesothelioma cases there are specific rules that apply. The reason for this is that mesothelioma-related symptoms usually don't manifest until decades after exposure to asbestos. This is why victims and their loved ones need the help of an experienced mesothelioma attorney to ensure they file a claim in time.

Although the majority of personal injury cases result from injuries or accidents asbestos lawyer victims are in an unusual situation. The law views mesothelioma and other asbestos-related illnesses as resulting from "disability," meaning that victims might not know of or comprehend the severity of their ailments until they have suffered a significant 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 first appearance of symptoms.

The place of the person who was injured or the deceased can also determine the time frame for asbestos cases. This is because certain states have an extended statute of limitations than others. In these cases, an attorney for mesothelioma who is aware of the appropriate jurisdiction and who can work with the victims to file a claim in that state is crucial.

Medical documentation and reports corresponding to the diagnosis of asbestos-related cancer or disease are also crucial in determining the time when a limitation period begins. An attorney for mesothelioma can look over the asbestos victims' work history to find possible areas where asbestos exposure may have occurred.

It is important to note that the statute of limitations can differ depending on the type of claim, and even by the asbestos manufacturer or employer. This is because many asbestos manufacturers have closed their businesses or sold to other companies. As such, victims must be prepared to sue several parties to ensure they receive the maximum compensation for asbestos-related injuries and illnesses. A mesothelioma lawyer can help victims determine the best defendants for their lawsuit by analyzing different types of claims.

Jury Verdicts

The victims in asbestos lawsuits are awarded compensation by a jury or a judge. The amount of the verdict could be higher or lower than the settlement agreement that was reached between the company and the victim.

Asbestos litigation often involves multiple defendants. Plaintiffs' attorneys are seeking justice for victims by pursuing the highest amount of money from defendants who have contributed to the exposure of their clients to asbestos. To maximize the chances of winning, it is essential to have attorneys who are well-versed in asbestos and know how to present complicated and highly technical issues in a way that is easy for the non-specialist to comprehend.

In recent years the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, in which there are multiple cases consolidated to be tried in one location. This allows for economies of scale as well as more efficient procedures for both sides. 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 says that a manufacturer isn't responsible for any damages resulting from exposure to a product in the event that it was discovered at the time of the sale that the product was a danger or, in the alternative, a buyer might have discovered this information through an appropriate inquiry. The standard is established by the Restatement (Second), Section 402A Comment j.

A lot of times, an asbestos victim will have suffered from other illnesses like asbestosis before developing the more serious cancer of mesothelioma. Because the symptoms of mesothelioma may be similar to other breathing ailments and conditions, it is crucial for our asbestos lawyers to retain medical experts who can distinguish the two illnesses and prove that the mesothelioma is directly related to the asbestos exposure.

For instance, in the year 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 verdict of the jury in favor of the victim and her husband was much higher than previous verdicts in this case. This was despite defendants ' argument that asbestos exposure increased the risk of lung cancer due to her smoking.