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How to File an Asbestos Lawsuit

If a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. The majority of them will contest the allegations and offer a settlement prior to the trial starts.

A verdict in a trial usually results in higher payouts than trust fund claims or settlement offers. Patients should always choose a national law firm with experience in handling mesothelioma cases.

The History of Asbestos Litigation

Asbestos, a mineral that is fibrous found in nature, can cause many health problems. Asbestos was used in a variety of products until the mid-1970s due its durability, fire-resistant properties and low price. Asbestos use soared in the United States during this time and continues to be present in many older buildings and structures across America. Asbestos has been linked to mesothelioma, lung diseases and a variety of cancer. Asbestos litigation is the longest-running mass tort in the nation's history.

Asbestus lawsuits stem from fact exposure to asbestos can cause serious and debilitating medical conditions, including mesothelioma, which is a life-threatening lung disease that can take decades to develop. When asbestos was used in the manufacturing process, the manufacturers knew of the dangers it could pose to both consumers and workers but they did not divulge this information. As a result of this, asbestos-related victims can seek compensation from the manufacturers.

The defendants in asbestos lawsuits employ different strategies to avoid paying compensation. This could include filing frivolous motions hoping that you will die before your case is settled or simply give up. However, our mesothelioma attorneys 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 development for asbestos litigation. It stated that anyone selling an item to another person who is unsafe for the reason that it is is liable for any damages which are suffered by the other person. This ruling opened the floodgates of asbestos attorney lawsuits.

Another development was the discovery of secret documents which revealed that asbestos manufacturers attempted to cover up 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 that provide settlements to asbestos victims. However, the amount that a company pays in bankruptcy proceedings is minuscule in comparison to the amount that could be recovered in a civil lawsuit.

However asbestos defendants are recognized for hiring "experts", who would help them defend themselves in court by conducting and publishing research that was funded by the asbestos industries. This was a deliberate attempt to undermine the the scientific consensus that asbestos exposure in any form can cause mesothelioma.

Suits Types

Many people who develop asbestos-related diseases or mesothelioma didn't realize they were exposed substances. Unfortunately, many of the companies that manufactured asbestos-containing products were aware of the risks and put profits over human life, but they did not disclose this information with the general public. If you or someone near you has been diagnosed with asbestos-related disease, you may sue the responsible company and receive compensation from an asbestos trust.

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

Statute of Limitations

The statute of limitations for asbestos or time period for filing lawsuits against a negligent person, is different for each state. Personal injury lawsuits are typically filed within three years from the victim first begins to experience symptoms. Particular rules are in place for mesothelioma situations. Mesothelioma is a rare disease that typically does not manifest until years after asbestos exposure. This is why the victims and their families need the assistance of a seasoned mesothelioma lawyer to ensure that they file a claim in time.

Asbestos sufferers are in a unique position. Most personal injury claims deal with accidents or injuries. Mesothelioma and asbestos-related diseases as well as other diseases are classified by law as "disability." This means that the victims might not be aware of or understand their symptoms until they've suffered a substantial loss. This is why asbestos statutes of limitations have an extended discovery rule to account for the time between the dates of exposure and the initial manifestation of symptoms.

Another factor that affects the statute of limitations for asbestos cases is the location of the person who was injured or deceased. This is due to the fact that some states have the statute of limitations longer than others. In these situations it is essential to find a mesothelioma lawyer who knows the right jurisdiction and can assist victims to file the appropriate form in the correct location.

Medical documentation and reports corresponding to the diagnosis of an asbestos-related cancer or disease are also important in determining when a limitation period begins. A mesothelioma attorney can review the asbestos-related work history of asbestos victims to find possible areas of asbestos attorney exposure.

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 companies have shut down or sold to a different company. As a result, victims need to be prepared to sue several parties to get maximum compensation for asbestos-related illnesses and injuries. A mesothelioma attorney can review the different kinds of claims that can be filed by victims and help them identify the defendants they should name in their lawsuit.

Jury Verdicts

A judge or jury awards compensation to asbestos lawyer victims. The amount of the verdict could be greater or less than the settlement agreement that was reached between the company and the plaintiff.

Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims by pursuing the maximum recovery possible from the defendants responsible for their clients' exposure to asbestos. To increase the odds of winning, it is crucial to hire lawyers who are familiar with asbestos and know how to explain complex and technical issues in a manner that is easy for a lay person 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 consolidated to be tried in one location. This allows for economies of scale as well as an easier process for both sides. It also allows jurors to observe a consistent outcome.

One issue that can arise in multi-district litigation is the "state of the state of the art" defense, which states that a manufacturer isn't accountable for damages resulting from exposure to a product in the event that it was discovered at the time of the sale that the product could pose a danger or, in the alternative, a seller could have uncovered such information through reasonable investigation. The Restatement (Second) of Torts, Section 402A, Comment j, provides the legal standard.

Mesothelioma is a more serious cancer that can be found after an asbestos victim has suffered from an illness that is less severe such as asbestosis. Since the symptoms of mesothelioma can be similar to other breathing problems and conditions, it is crucial for our asbestos lawyers to engage medical experts who can distinguish the two diseases and demonstrate that mesothelioma can be directly related to the 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 jury's award for the victim and her husband was significantly higher than previous verdicts for this case, despite the defendants' argument that the worker's smoking increased the risk of developing lung cancer from her asbestos exposure.