How to File an Asbestos Lawsuit

The defendants have 30 calendar days to respond after the victim's lawyer files an asbestos lawsuit. Most will deny the allegations and offer a settlement before the trial starts.

However it is true that a verdict in a trial usually results in higher settlement offers or trust fund claims. Patients should hire an attorney who 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 variety of products from the mid-1970s due to its strength, fire-resistant properties and low price. At this point, asbestos consumption in the United States peaked. It remains in a variety of older structures and buildings in America. Asbestos is linked to mesothelioma, lung diseases and a variety of cancer. Asbestos lawsuits are the longest-running mass tort in the nation's history.

Asbestos-related lawsuits result of the fact that asbestos exposure can cause serious and debilitating health conditions, such as mesothelioma. This is a deadly lung condition that can manifest over decades. When asbestos was used, the makers knew of the dangers it posed to both consumers and workers but didn't disclose the information. As a result, asbestos victims can claim compensation from the makers of these dangerous products.

Defense attorneys in asbestos lawsuits employ a variety methods to evade paying compensation. This can include filing frivolous motions with the intention that you die before your case is settled or even give up. Our mesothelioma lawyers are proficient in stopping such attempts and ensuring that your claim is moved forward.

The most significant 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 hazardous to another person is liable for any damages suffered by that person. This ruling opened the floodgates for asbestos lawsuits.

Another interesting development was the uncovered of hidden documents which revealed that asbestos manufacturers attempted to cover up the health hazards of asbestos. These documents were used in court to support claims brought by plaintiffs against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it has the option to save money in trusts that specifically pay out settlements to asbestos victims. The amount a company is required to pay to file bankruptcy is a small fraction of the amount it could be able to recover in a civil suit.

However asbestos defendants are also known to hire "experts", who would aid them in court by conducting and publishing research that was funded by the asbestos industries. This was a clear effort to undermine the scientific consensus that exposure to asbestos in any form could cause mesothelioma.

Suits of various types

Many people who contract mesothelioma or other asbestos-related ailments did not realize that they were exposed to the dangerous substance. Unfortunately, many of the companies that manufactured asbestos-containing products knew its risks and put profits ahead of human life, 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 bring a lawsuit against the company responsible and receive compensation from an asbestos trust.

Asbestos lawsuits are civil suits. They may also involve personal injury or breach of contract. A judge hears these cases, and the parties can make motions and other pleadings in the course of litigation.

Statute of Limitations

The statute of limitations for asbestos, or the time limit to file a lawsuit against someone who is negligent, varies from state to state. Personal injury cases are generally filed within three years from the date when a victim first experiences symptoms. Special rules apply in mesothelioma-related cases. This is because mesothelioma symptoms usually do not manifest until years after exposure to asbestos. This is the reason why patients and their loved ones need the assistance of a seasoned mesothelioma lawyer in order to file a claim in time.

While most personal injury claims involve accidents or injuries asbestos victims are in an unusual situation. The law regards mesothelioma and other asbestos lawyers-related diseases as resulting from "disability," meaning that patients may not be aware or understand the severity of their symptoms until they have already suffered a significant loss. This explains why asbestos statutes of limitations include an extended discovery rule to account for the time between the dates of exposure and the initial appearance of symptoms.

The place of the person who was injured or the deceased can also influence the time limit for asbestos cases. Some states have a longer period of time to file a claim than other. In these cases, an attorney who is knowledgeable about the proper jurisdiction and can work with the victims to file a claim in that location is essential.

Documentation and reports that correspond to the diagnosis of asbestos cancer or disease are crucial in determining when the statute of limitation commences. A mesothelioma lawyer may examine the asbestos victim's work history to identify potential locations of exposure to asbestos.

It is important to remember that the statute of limitations can vary depending on the type of claim and even the asbestos manufacturer or employer. This is because a lot of asbestos attorneys manufacturers have closed their businesses or sold to other businesses. To receive the maximum amount of compensation for asbestos-related diseases or injuries, victims will have to be prepared to make multiple lawsuits. A mesothelioma lawyer will help victims identify the most appropriate defendants to sue by analyzing various types of claims.

Jury Verdicts

The asbestos victims are awarded compensation by a jury or a judge. The amount of the award may be higher or lower than a settlement agreement reached 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 the exposure of their clients to asbestos. It is essential to choose attorneys who have expertise in asbestos and know how to explain complex and technical issues to lay people in a manner that is simple to comprehend.

In recent years, the biggest jury verdicts in asbestos cases were in multi-district litigation. This is where several cases are consolidated and argued in one location. This allows for economies of scale and a smoother process for both parties and allows the jury to be able to see consistency in the results.

The "state of the art" defense is a matter that may arise in multi-district litigation. This defense states that a maker is not liable for damages in the event that they knew at time of purchase that the product was dangerous or alternatively, a seller could have uncovered this information by making an informed inquiry. The Restatement (Second) of Torts, Section 402A Comment j, lays out the legal standard.

Often, an asbestos victim may have had other illnesses like asbestosis before developing the more serious cancer of mesothelioma. Because the symptoms of mesothelioma are similar to other breathing problems that is why it is essential for our asbestos lawyers to have medical experts who can distinguish the two diseases and prove that mesothelioma can be directly connected to asbestos exposure.

Kazan McClain Satterley & Greenwood has, for instance, won an award of $12 million in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of the worker who died from mesothelioma. The verdict of the jury in favor of the victim and husband was much higher than the previous verdicts in this case. This was despite defendants arguing that asbestos exposure increased the risk of lung cancer due to her smoking.