How to File an Asbestos Lawsuit

When a lawyer for a victim file an asbestos lawsuit, the defendants have 30 days to respond. Most will contest the allegations and offer a settlement before the trial gets underway.

However, a trial verdict typically results in higher settlement offers or trust fund claims. Patients should hire a law firm that has experience handling mesothelioma cases.

History of Asbestos Litigation

Asbestos, a mineral that is fibrous that is found in nature, can cause health issues in a variety of ways. Asbestos was used in a variety of products until the mid-1970s due to its durability, fire retardant properties, and low cost. In the mid-1970s, asbestos consumption in the United States peaked. It is still present in many older structures and buildings in America. Asbestos has been linked to several types of cancer respiratory ailments, mesothelioma. Asbestos litigation is the longest-running mass injury in American history.

Asbestus lawsuits stem from fact that exposure to asbestos can cause serious and debilitating medical illnesses, including mesothelioma which is a fatal lung disease that can take years to develop. When asbestos lawsuit history was used, manufacturers knew about the dangers it could pose to both consumers and workers but they did not divulge this information. Because of this, asbestos victims can seek compensation from the manufacturers.

Defense lawyers in asbestos lawsuits employ a variety of methods to evade paying compensation. This can include filing frivolous motions in the hope that you will die before your case is settled or simply give up. However, our mesothelioma lawyers are adept at thwarting such efforts and ensuring that your claim is moved forward.

A major development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts which declared that anyone who sells a product which is unreasonablely risky to others is liable for any damages suffered by the person who sold the product. This ruling opened up the floodgates to asbestos lawsuits.

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

Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy and declares bankruptcy, it can put funds aside in trusts that will pay settlements to asbestos victims. However, the amount that an organization pays in bankruptcy proceedings is minuscule in comparison to the amount that could be obtained in a civil lawsuit.

However, asbestos defendants are also often known to employ "experts", who would aid them in court by conducting and publishing research supported by asbestos companies. This was an attempt to undermine the the scientific consensus that asbestos exposure of any kind could lead to mesothelioma.

Suits Types

Many people who contract mesothelioma, or other asbestos exposure lawsuit settlements-related illnesses, didn't realize they were exposed to the toxic substance. Unfortunately, many of the companies that produced asbestos-containing products were aware of the risks and put profit over the health of their customers, but did not share this information with the general public. If you or someone close to you has been diagnosed with asbestos-related illness, you can sue the company responsible and receive compensation from an asbestos trust.

Asbestos lawsuits are civil actions, which also include cases that involve personal injury and breach of contract. These cases are ruled on by an adjudicator and parties may submit motions or other pleadings throughout 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, varies from state to state. Personal injury lawsuits are typically filed within three years from when a victim first experiences symptoms. For mesothelioma cases there are special rules in place. This is because mesothelioma symptoms typically do not show until decades after exposure to asbestos. This is why the victims and their families require the help of an experienced mesothelioma attorney to ensure they file a claim in time.

Although the majority of personal injury cases involve accidents or injuries asbestos victims are in an unusual situation. The law regards mesothelioma and other asbestos-related illnesses as resulting from "disability," meaning that patients may not be aware of or be aware of the severity of their ailments until they have already suffered an extensive loss. This is why asbestos statutes of limitation have an extended discovery rule to account for the time between the dates of exposure and the first manifestation of symptoms.

The location of the injured or the deceased person's location can affect the statute of limitation for asbestos cases. This is due to the fact that some states have the statute of limitations longer than others. In these cases it is crucial to have a mesothelioma attorney that knows the appropriate jurisdiction and can assist victims to file in the right location.

Medical documentation and reports relating to the diagnosis of an asbestos-related cancer or disease are also essential in determining when the limitation period begins. A mesothelioma lawyer will review the asbestos victim's work background to determine the potential areas of exposure to asbestos.

It is important to note that the time period for a statute of limitations may differ based on the type of claim, and even the asbestos manufacturer or employer. This is because a lot of asbestos manufacturers have closed their businesses or sold to other businesses. As such, victims must be prepared to sue multiple parties in order to receive maximum compensation for asbestos-related injuries and illnesses. An attorney for mesothelioma can look over the different kinds of claims that can be filed by 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 greater or less 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 from the defendants who contributed to their clients exposure to asbestos. It is crucial to employ lawyers who have experience with asbestos and lawsuits know how to explain complex and technical issues to lay people in a manner that is easy to understand.

In recent years, the biggest jury verdicts in asbestos cases came from multi-district litigation. This is when multiple cases are consolidated and tried in one place. This allows for economies of scale as well as an easier process for both sides. It also allows the jury to see consistency of results.

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

Often, an asbestos victim has suffered from an illness that is less severe, such as asbestosis prior to developing the more serious cancer of mesothelioma. Since the symptoms of mesothelioma are similar to other breathing disorders that is why it is essential for asbestos lawyers to engage medical experts who can distinguish the two illnesses and prove that mesothelioma can be directly linked to the asbestos exposure.

For example, in 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 jury's verdict for the husband and victim was much higher than previous verdicts in this instance. This is despite the defendants ' argument that the worker's exposure to asbestos lawsuit attorney increased the risk of lung cancer because of her smoking.