How to File an Asbestos Lawsuit

Once 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 gets underway.

A verdict at trial typically results in higher payouts than trust fund claims or settlement offers. Patients should hire an attorney who has experience in handling mesothelioma claims.

The History of Asbestos Litigation

Asbestos is an naturally occurring fibrous mineral that can cause a broad variety of health problems. Due to its strength, fire-retardant capabilities and low cost, asbestos was used in a variety of products up to the mid-1970s. At this point asbestos use in the United States peaked. It is still found in a variety of older structures and buildings in America. Asbestos has been linked to different types of cancers respiratory ailments, mesothelioma. Asbestos litigation is the longest-running mass tort in America's history.

Asbestos-related lawsuits result of the fact that asbestos exposure can lead to serious and debilitating health issues, like mesothelioma. It is a serious lung condition that can develop over time. When asbestos lawyer was used in the manufacturing process, the manufacturers knew of the dangers it posed to both consumers and workers but did not disclose this information. Due to this, asbestos victims may seek compensation from the manufacturers.

Plaintiffs in asbestos lawsuits employ various strategies to avoid paying compensation. This could include filing frivolous motions in the hope that you die before the case is resolved or give up. However, our mesothelioma attorneys are adept in thwarting these attempts 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 ruled that anyone who sells a product to another person who is unsafe for the reason that it is can be held accountable for any damages that are suffered by that other person. This ruling opened the floodgates to asbestos lawsuits.

Another breakthrough was the discovery of secret documents that revealed that asbestos manufacturers attempted to conceal asbestos's dangers. These documents were used by plaintiffs in court to support their claims against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy, it is able to set aside money in special trusts that provide settlements to asbestos victims. However, the amount that a company pays in bankruptcy proceedings is minuscule compared to what could be recovered in a civil suit.

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

Types of Suits

Many people who develop mesothelioma or other asbestos-related ailments did not realize they were exposed to the harmful substance. Some companies that manufactured asbestos-containing products were aware the dangers, but chose to prioritize profit over the life of a human being. They did not divulge the information with the general public. If you or someone you care about has been diagnosed with an asbestos-related condition you may bring a lawsuit against the business responsible for your exposure and access compensation from an asbestos trust fund.

Asbestos lawsuits are civil suits and can also be a part of cases involving personal injury as well as breach of contract. A judge decides on these cases, and parties can make motions and other pleadings during the duration of the litigation.

Statute of Limitations

The asbestos statute of limitation or time period for filing a lawsuit against a negligent person, varies by state. In general, personal injury cases must be filed within a period of three years from the date the symptoms of a victim first manifest. For mesothelioma cases, special rules apply. Because mesothelioma symptoms usually don't manifest until decades after exposure to asbestos. This is the reason why patients and their loved ones need the help of an experienced mesothelioma lawyer to ensure that they submit a claim on time.

Although the majority of personal injury cases involve injuries or accidents asbestos victims are in a unique situation. The law regards mesothelioma and other asbestos-related illnesses as stemming from "disability," meaning that victims might not know of or comprehend the severity of their ailments until they've already suffered a significant loss. This is why asbestos statutes have an extended discovery period to take into account the time period between exposure and first signs.

Another factor that affects the statute of limitations for an asbestos case is the location of the person who was injured or deceased. Certain states have a longer duration of limitation than other. In such cases it is essential to have a mesothelioma attorney who is familiar with the proper jurisdiction and who can assist victims to file the appropriate form in the correct location.

Documentation and reports that correspond to the diagnosis of asbestos-related cancer or disease are crucial in determining the time when the statute of limitations starts. A mesothelioma lawyer may examine the asbestos victim's work history to find potential places of exposure to asbestos.

In the end, it is important to remember that statutes of limitations may differ depending on the type of claim and the asbestos employer or manufacturer. This is because many asbestos producers have closed their businesses or have been sold to other businesses. Therefore, asbestos victims must be prepared to sue multiple parties to get maximum compensation for asbestos-related injuries and illnesses. A mesothelioma attorney can review the different kinds of claims that can be filed by victims and help them determine which defendants to name in their lawsuit.

Jury Verdicts

The asbestos lawsuit victims are awarded compensation by a jury or a judge. The amount of the verdict could be greater or less than the settlement agreement that was reached between the company and the victim.

Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims by seeking the highest amount of compensation from the defendants responsible for their clients being exposed to asbestos. To increase the odds of winning, it's crucial to hire lawyers who are familiar with asbestos and are able to present complex and highly technical issues in a manner that is easy for a average person to comprehend.

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

The "state of art" defense is a common issue that can arise during multi-district litigation. This defense says that a manufacturer cannot be held accountable for damages if they knew at the time of purchase that the product was a risk or alternatively, a buyer could have discovered this information by making an informed inquiry. The standard is set by the Restatement (Second) Section 402A. Comment j.

A lot of times, an asbestos victim may have had an illness that is less severe, such as asbestosis before acquiring the more serious cancer of mesothelioma. Since the symptoms of mesothelioma are comparable to other breathing disorders, it is vital that our asbestos lawyers retain medical experts to differentiate between the two conditions.

For example, in 2019, Kazan McClain Satterley & Greenwood secured a $12 million verdict against Johnson & Johnson and Colgate-Palmolive for a worker who passed away from mesothelioma. The jury's verdict for the victim and her husband was substantially more than the previous verdicts in this case, despite the defense of the defendants that smoking increased the risk of developing lung cancer from her asbestos exposure.