How to File an Asbestos Lawsuit

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

A verdict at trial typically results in higher awards than trust fund claims or settlement offers. Patients should choose an attorney firm with expertise in handling mesothelioma lawsuits.

The History of Asbestos Litigation

Asbestos is a naturally occurring fibrous mineral that can cause a broad variety of health problems. Because of its durability and fire-retardant properties, as well as its low cost, asbestos was employed in many different products until the mid-1970s. 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 associated with mesothelioma, lung conditions and various types of cancer. Asbestos lawsuits are the longest-running mass tort in the nation's history.

Asbestos lawsuits are a result of the fact that asbestos exposure can lead to serious and debilitating health conditions, such as mesothelioma. This is a fatal lung condition that can manifest over the course of time. When asbestos was used, the makers knew of the dangers it posed to workers and consumers but they did not divulge the information. Because of this, asbestos victims may get compensation from the manufacturers.

Defendants of asbestos lawsuits use various strategies to avoid paying out compensation. This can include filing frivolous motions, hoping you will die or quit before your case is settled. However, our mesothelioma lawyers are skilled at thwarting such efforts and ensuring that your claim is moved forward.

The publication of The Restatement of the Law of Torts in 1965 was a significant step for asbestos litigation. It ruled that anyone who sells a product to another person who is dangerous in any way is liable for any damages which are suffered by the other person. This ruling opened the floodgates to asbestos lawsuits.

A second development was the discovery hidden documents which revealed that asbestos companies tried to hide the dangers of asbestos. These documents were used in court to support the lawsuits brought by plaintiffs against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy, it has the option to set aside money in special trusts that pay out settlements to asbestos victims. However, the amount an organization pays in bankruptcy proceedings is minuscule in comparison to the amount that could be recovered in a civil suit.

Unfortunately 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 an attempt to discredit scientific consensus that asbestos exposure in any form can lead to mesothelioma.

Suits of various types

Many people who contract mesothelioma or other asbestos-related diseases didn't realize they were exposed to the harmful substance. Certain companies that produced asbestos-containing products were aware the dangers, but chose to prioritize profit over the lives of their customers. They did not share the information with the general public. If you or someone you know has been diagnosed with an asbestos-related illness, you can bring a lawsuit against the business responsible for your exposure. You can also seek compensation from an asbestos trust fund.

Asbestos lawsuits are civil actions, which also include cases involving personal injury and breach of contract. These cases are ruled on by an adjudicator and parties may file motions or other pleadings during the trial.

Statute of limitations

The asbestos statute of limitation, or the time limit to bring a lawsuit against someone who is negligent, varies from state to state. In general, personal injury cases must be filed within a three-year window from the date that the symptoms of a victim first manifest. For mesothelioma cases there are special rules in place. The reason for this is that mesothelioma-related symptoms usually do not manifest until years after exposure to asbestos. It is for this reason that the victims and their families require the help of a mesothelioma lawyer to ensure they submit their claims on time.

Asbestos sufferers are in a unique position. The majority of personal injury claims involve injuries or accidents. The law views mesothelioma and other asbestos lawyer-related illnesses as stemming from "disability," meaning that patients may not be aware of or comprehend the severity of their ailments until they have already suffered an extensive loss. This explains why asbestos statutes of limitation have an extended discovery rule to account for the time between the time of exposure and the initial manifestation of symptoms.

Another factor that affects the time limit for asbestos cases is the location of the injured or deceased. Some states have a longer period of time to file a claim than other. In such 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 statute of limitations begins. A mesothelioma lawyer will look over the asbestos victim's employment history to identify potential locations where asbestos attorneys exposure may have occurred.

In the end, it is important to remember that the statute of limitations can differ depending on the kind of claim, and even the asbestos employer or manufacturer. This is due to the fact that many asbestos producers have closed their businesses or have been sold to other businesses. To get the most compensation for asbestos-related illnesses or injuries, victims need to be prepared to make multiple lawsuits. A mesothelioma lawyer will help victims choose the most suitable plaintiffs for their lawsuit by reviewing different kinds of claims.

Jury Verdicts

The victims in asbestos lawsuits are awarded compensation by a jury or a judge. The amount of the award can be greater or smaller than a settlement deal reached between the victim and the company.

Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims by pursuing the highest amount of compensation possible from the defendants responsible for their clients exposure to asbestos attorney. It is important to hire attorneys who have expertise in asbestos and are able to explain complex and technical issues to laypeople in a manner that is simple to comprehend.

In recent years, the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, where there are multiple cases consolidated for trial in a single venue. This allows for economies of scale and a smoother procedure for both parties and allows the jury to see consistency in the verdicts.

One issue that could arise in multi-district litigation is the "state of the current" defense that states that a manufacturer is not accountable for damages resulting from exposure to a product unless it was evident at the time of sale that the product posed danger, or in the alternative, a buyer could have uncovered such information through a reasonable inquiry. The Restatement (Second) of Torts, Section 402A Comment j, provides the legal standard.

Often, an asbestos victim may have had other illnesses like asbestosis before acquiring the more serious cancer mesothelioma. Because the signs of mesothelioma may be similar to those of other breathing disorders that is why it is essential for asbestos lawyers to retain medical experts who can differentiate the two diseases and prove that mesothelioma can be directly connected to 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 had died from mesothelioma. The jury's verdict for the victim and her husband was substantially higher than the previous verdicts in this case, despite the defense that smoking cigarettes increased the risk of lung cancer from her asbestos exposure.