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How to File an Asbestos Lawsuit

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

A verdict at trial typically will result in more awards than trust fund claims or settlement offers. Patients should seek out a law firm that has expertise in handling mesothelioma lawsuits.

The History of asbestos attorney Litigation

Asbestos, a fibrous mineral found in nature, could cause a variety of health issues. Asbestos was utilized in a myriad of products from the mid-1970s due its strength, fire-resistant properties, and its low cost. Asbestos consumption peaked in the United States during this time and continues to be present in a variety of older buildings and structures across America. Asbestos has been linked to different types of cancers respiratory diseases, as well as mesothelioma. Asbestos litigation is the longest-running mass tort in the nation's history.

Asbestus lawsuits stem from the fact that exposure to asbestos can cause severe and debilitating medical illnesses, including mesothelioma which is a life-threatening lung disease that can take a long time to develop. The manufacturers knew that asbestos was a danger to consumers and workers, but they didn't disclose it. As a result, asbestos victims can claim compensation from the makers of the dangerous products.

Plaintiffs in asbestos lawsuits employ different strategies to avoid paying out compensation. This includes filing frivolous motions hoping that you die before the case is resolved or even give up. Our mesothelioma lawyers are adept in stifling such attempts and ensuring that your claim is moved forward.

The most significant development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts that stated that anyone who sells a product which is unreasonablely hazardous to another person is liable for any damages suffered by the person who sold the product. This ruling opened the floodgates of asbestos lawsuits.

Another interesting development was the uncovered of secret documents which revealed that asbestos manufacturers attempted to hide asbestos's health risks. These documents were used in court to support claims 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 to will pay settlements to asbestos victims. The amount a business pays to file for bankruptcy is only a fraction of what it would be able to recover in a civil suit.

However, asbestos defendants are also often known to employ "experts" who help them defend themselves in court by publishing and conducting research that was paid for by the asbestos industry. This was an obvious attempt to discredit the scientific consensus that exposure to asbestos in any form could lead to mesothelioma.

Suits Types

Many people who contract mesothelioma or other asbestos-related diseases did not realize that they were exposed to the dangerous substance. Some companies that manufactured asbestos-containing products were aware of the risks, but chose to prioritize profit over the lives of their customers. They did not divulge the information with the public. If you or someone you care about has been diagnosed with an asbestos-related disease, you can make a claim against the company responsible for your exposure and access compensation from an asbestos trust fund.

Asbestos lawsuits are civil suits, which also include cases involving personal injury as well as breach of contract. A judge decides on these cases, and parties can file motions and other pleadings throughout the duration of the litigation.

Statute of Limitations

The statute of limitations for asbestos, or the time limit to start a lawsuit against a person who is negligent is different from state to state. Personal injury lawsuits are typically filed within three years of the date the victim first begins to experience symptoms. In mesothelioma cases, however, special rules apply. Mesothelioma is a rare disease that typically does not show symptoms until decades after asbestos exposure. This is the reason that victims and their families require the help of mesothelioma attorneys to ensure they file their claim on time.

Asbestos victims are in a unique position. Most personal injury claims deal with accidents or injuries. Mesothelioma and asbestos-related diseases as well as other illnesses are viewed by law as "disability." This means that the victims might not be aware of or comprehend their symptoms until they have suffered a significant loss. This is the reason why asbestos statutes of limitations include an extended discovery rule to account for the time between the date of exposure and the first appearance of symptoms.

The location of the injured or the deceased may also determine the time frame for an asbestos case. Some states have a longer period of limitation than others. In these situations it is crucial to have a mesothelioma attorney who is familiar with the proper jurisdiction and that can help victims submit their claims in the right place.

Medical records and reports that correspond to the diagnosis of an asbestos disease or cancer are also essential in determining when a statute of limitations begins. A mesothelioma lawyer can examine the asbestos victim's work history to identify potential locations where asbestos exposure may have occurred.

It is important to note that the statute of limitations can differ based on the type of claim, and even by the asbestos manufacturer or employer. Many asbestos companies have either closed or been sold to another company. In order to receive the maximum compensation for asbestos-related illnesses and injuries, victims will have to be prepared to bring multiple lawsuits. A mesothelioma lawyer can go over the different types of claims for a victim and help them determine which defendants to name in their lawsuit.

Jury Verdicts

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

Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims, requesting the maximum recovery possible from the defendants who contributed to their clients exposure to asbestos. To increase the odds of winning, it is crucial to hire attorneys who are well-versed in asbestos and know how to present complicated and technical issues in a manner that is easy for the lay person to understand.

In recent years, the most significant verdicts of juries in asbestos cases came from multi-district litigation. This is when many cases are combined and are tried in one location. This allows for economies of scale and a simpler process for both parties, and allows the jury to be able to see consistency in the results.

The "state of the art" defense is a matter that can arise in multi-district litigation. This defense says that a manufacturer cannot be held liable for damages when they knew at the time of purchase that the product was hazardous or alternatively, a seller would have known this information through a reasonable inquiry. The standard is established by the Restatement (Second) Section 402A. Comment j.

A lot of times, an asbestos attorney victim may have had a lesser illness such as asbestosis before developing the more serious cancer mesothelioma. Since the symptoms of mesothelioma may be similar to other breathing problems, it is important for asbestos lawyers to engage medical experts who can differentiate the two diseases and prove that mesothelioma can be directly related to the asbestos exposure.

For instance, in the year the year 2019, Kazan McClain Satterley & Greenwood obtained a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who died from mesothelioma. The jury's verdict for the husband and victim was significantly higher than the previous verdicts in this case. This is despite defendants ' argument that the worker's exposure to asbestos increased her risk of lung cancer due to her smoking.