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How to File an Asbestos Lawsuit
The defendants have 30 calendar days to respond once the attorney for the victim files an asbestos lawsuit. The majority of them will contest the allegations and offer a settlement prior to the trial starts.
A verdict at trial typically results in higher payouts than trust fund claims or settlement offers. Patients should always seek out a national law firm with experience in handling mesothelioma cases.
The history of Asbestos Litigation
Asbestos is a naturally occurring fibrous mineral that can trigger a wide variety of health issues. Asbestos was utilized in a variety of products until the mid-1970s due its durability, fire retardant properties, and low cost. At this point asbestos usage in the United States peaked. It is still present in a variety of older buildings and structures in America. Asbestos is associated with mesothelioma, lung diseases and various types of cancer. Asbestos lawsuits have been the longest-running mass injury in American history.
Asbestos lawsuits are a result of the fact that exposure to asbestos can cause serious and debilitating health conditions, such as mesothelioma. It is a serious lung condition that can manifest over decades. When asbestos was used, manufacturers knew about the dangers it presented to workers and consumers but did not disclose this information. Due to this, asbestos victims can claim compensation from the manufacturer.
Defendants of asbestos lawsuits use different strategies to avoid paying compensation. This often includes filing frivolous motions, hoping that you will pass away or surrender before your case is resolved. Our mesothelioma lawyers are skilled in stifling such attempts and ensuring that your claim is taken forward.
A major development in asbestos litigation was the publication of The Restatement of the Law of Torts which declared that anyone who sells a product that is unreasonablely hazardous to another person is liable for any damages suffered by the person who sold the product. This ruling opened the floodgates of asbestos lawsuits.
Another development was the discovery hidden documents that revealed asbestos companies tried to hide asbestos's dangers. These documents were used in court to support the lawsuits brought by plaintiffs against asbestos lawyer companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it has the option to set aside money in trusts with special provisions that offer settlements to asbestos victims. The amount that a company is required to pay to file bankruptcy is only a fraction of what it could be able to recover in a civil suit.
Unfortunately, asbestos defendants have also been known to contract "experts" who helped them defend their case in court by conducting research and publishing papers that were supported by the asbestos industry. This was a deliberate attempt to undermine the scientific consensus that asbestos exposure in any form could lead to mesothelioma.
Types of Suits
Many people who suffer from mesothelioma or other asbestos-related diseases did not realize they were exposed to the toxic substance. Certain companies that produced asbestos-containing products were aware of the risks however, they chose to put profits before the lives of their customers. They did not divulge the information with the public. If you or someone you know has been diagnosed with an asbestos-related disease you can make a claim against the company responsible for your exposure. You can also seek compensation from an asbestos trust fund.
Asbestos lawsuits are civil actions and can also be a part of cases involving personal injury as well as breach of contract. These cases are ruled on by a judge and parties can file motions or other pleadings in the litigation.
Statute of limitations
The statute of limitations for asbestos, or time limit for filing a lawsuit against a negligent party, differs 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 there are special rules in place. This is because mesothelioma symptoms usually do not manifest until decades after exposure to asbestos attorneys. This is the reason why patients and their families require the assistance of a seasoned mesothelioma lawyer in order to file a claim in time.
Asbestos sufferers are in a unique situation. Most personal injury claims involve injuries or accidents. 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 have suffered a major loss. This explains why asbestos statutes of limitation have an extended discovery rule to account for the delay between the time of exposure and the initial manifestation of symptoms.
The location of the injured or the deceased can also determine the time frame for asbestos attorney cases. This is because certain states have an extended statute of limitations than others. In these cases it is crucial to find a mesothelioma lawyer who knows the right jurisdiction and that can help victims file in the right location.
Documentation and reports that relate to the diagnosis of asbestos cancer or a disease are also important when determining when the statute of limitation starts. A mesothelioma lawyer can review the asbestos victim's work history to identify potential locations where asbestos exposure may have occurred.
It is important to know that the statute of limitations can differ based on the type of claim, or even by the asbestos manufacturer or employer. This is because many asbestos producers have closed their businesses or have been sold to other businesses. As such, victims must be prepared to sue multiple parties to ensure they receive the maximum compensation for asbestos attorneys-related diseases and injuries. A mesothelioma attorney can review the different kinds of claims that can be filed by the victim and assist them to identify the defendants they should name in their lawsuit.
Jury Verdicts
The victims in asbestos lawsuits are awarded compensation by a judge or jury. The amount of the award could be higher or less than a settlement agreement signed by the victim and the company.
Asbestos litigation often involves multiple defendants. Attorneys representing plaintiffs are seeking justice for victims by pursuing the highest amount of compensation from defendants who contributed to expose their clients to asbestos. It is essential to choose lawyers who have experience with asbestos attorney and know how to explain technical and complicated issues to laymen 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 that are consolidated to be tried in one location. This allows for economies of scale and a smoother process for both parties, and also allows the jury to be able to see consistency in the verdicts.
The "state of art" defense is a common issue that can arise in multi-district litigation. This defense states that a maker cannot be held liable for damages if they knew at the time of purchase that the product was a risk or alternatively, a seller could have uncovered this information by making a reasonable inquiry. The standard is set by the Restatement (Second), Section 402A Comment j.
Mesothelioma is a serious cancer that can be found after an asbestos victim has had an illness that is less severe, such as asbestosis. As the symptoms of mesothelioma are similar to other breathing disorders, it is vital that our asbestos lawyers retain medical experts to differentiate between the two diseases.
In the year the year 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 significantly higher than previous verdicts for this case, despite defense that smoking increased the risk of developing lung cancer as a result of her exposure to asbestos.
