How to File an Asbestos Lawsuit

When a lawyer for a victim file an asbestos lawsuit, the defendants have 30 days to respond. The majority of defendants deny the allegations and offer a settlement before the trial gets underway.

A verdict in a trial usually results in higher 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 Litigation

Asbestos, a mineral that is fibrous found in nature, can cause many health problems. Asbestos was utilized in a myriad of products up until the mid-1970s due to its durability, fire-resistant properties, and low cost. In the mid-1970s asbestos use in the United States peaked. It is still present in many older structures and buildings in America. Asbestos is linked to various types of cancer respiratory ailments, mesothelioma. Asbestos litigation is the longest-running mass tort in America's history.

Asbestos lawsuits are a result of the fact that exposure to asbestos can lead to debilitating and serious health issues, like mesothelioma. This is a deadly lung condition that can develop over the course of time. Manufacturers knew asbestos could pose an hazard to workers and consumers, but they did not disclose it. As a result of this, asbestos victims may seek compensation from the manufacturers.

Defendants of asbestos lawsuits use various tactics to avoid paying compensation. This often includes filing frivolous motions, hoping you will pass away or surrender before the case is settled. Our mesothelioma lawyers are skilled in stifling such attempts and ensuring that your claim is taken 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 that is unreasonably risky to others is liable for damages incurred by that person. This ruling opened the floodgates for asbestos lawsuits.

Another important change was the discovery of hidden documents which revealed that asbestos lawyer manufacturers attempted to cover up asbestos' dangers. These documents were used by plaintiffs in court to prove their claims against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a business declares bankruptcy it is able to set funds aside in trusts that will pay settlements to asbestos victims. However, the amount that a company pays in bankruptcy proceedings is minimal compared to what could be obtained in a civil lawsuit.

However, asbestos defendants are also recognized for hiring "experts" who help them defend themselves in court by conducting and publishing research that was supported by asbestos companies. This was a deliberate attempt to discredit research-based evidence that asbestos exposure in any form can lead to mesothelioma.

Suits of different types

Many people who develop mesothelioma or other asbestos-related ailments did not realize that they were exposed to the toxic substance. Unfortunately, a few companies that produced asbestos-containing products knew its risks and put profit over 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 disease you may bring a lawsuit against the company that was responsible for your exposure. You can also seek compensation from an asbestos trust fund.

Asbestos lawsuits are civil suits that also cover cases involving personal injury and breach of contract. A judge is the judge in these cases, and parties may file motions and other pleadings in the course of litigation.

Statute of limitations

The statute of limitations for asbestos or the time frame for filing an action against a negligent party is different for each state. Personal injury cases are generally filed within three years of the date the victim first begins to experience symptoms. Special rules apply in mesothelioma situations. This is because mesothelioma symptoms usually don't manifest until years after exposure to asbestos. It is for this reason that patients and their families need the help of mesothelioma lawyers to ensure that they file their claim on time.

While most personal injury claims involve accidents or injuries asbestos attorneys victims are in a unique situation. Mesothelioma and asbestos-related diseases as well as other illnesses are viewed by the law as "disability." This means that victims may not be aware of or even comprehend their symptoms until they've suffered a substantial loss. This is why asbestos statutes of limitations include an extended discovery rule to account for the delay between the time of exposure and the first appearance of symptoms.

Another factor that affects the time limit for asbestos cases is the location of the victim or deceased. Certain states have a longer period of time to file a claim than other. In these cases it is essential to find a mesothelioma lawyer that knows the appropriate jurisdiction and can assist victims to file in the right location.

Documentation and reports relating to the diagnosis of asbestos cancer or disease are also important when determining when the statute of limitation commences. An attorney for mesothelioma can look over the asbestos victims' work history to determine the possible places where asbestos exposure may have occurred.

Finally, it is important to keep in mind that statutes of limitations may differ based on the kind of claim, and even the asbestos manufacturer or employer. This is because a lot of asbestos manufacturers have closed their operations or been sold to other businesses. To get the most amount of compensation for asbestos-related illnesses or injuries, the victims need to be prepared to file multiple lawsuits. An attorney for mesothelioma can look over the various kinds of claims that can be filed by a victim and help them decide which defendants to include in their lawsuit.

Jury Verdicts

The victims in asbestos lawsuits are awarded compensation by a judge or jury. The amount of the award may be higher or lower than the settlement agreement negotiated between the company and the plaintiff.

Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims by pursuing the highest amount of compensation possible from the defendants responsible for their clients being exposed to asbestos. It is important to hire lawyers who have experience with asbestos and can explain technical and complex issues to laypeople in a way that is easy to understand.

In recent years the most significant jury verdicts in asbestos cases have been in multi-district litigation. In this type of litigation, there are multiple cases consolidated for trial in a single venue. This allows for economies of scale as well as an easier process for both parties. It also allows jurors to see consistency of results.

One issue that could arise in multi-district litigation is the "state of the art" defense that states that a manufacturer is not liable for damages caused by exposure to the product in the event that it was discovered at the time of sale that the product posed risk or, in the alternative, a seller might have discovered this information through a reasonable investigation. The standard is set by the Restatement (Second) Section 402A. Comment j.

Mesothelioma is a more serious cancer that can be found after an asbestos victim has suffered from an illness that is not as serious, such as asbestosis. Since the symptoms of mesothelioma are similar to those of other breathing ailments and conditions, it is crucial for asbestos lawyers to retain medical experts who can differentiate the two diseases and demonstrate that mesothelioma can be directly linked to the asbestos exposure.

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