3 Ways The Lawsuit Asbestos Influences Your Life

How to File an Asbestos Lawsuit

If a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. The majority of them will deny the allegations and may offer a settlement before the trial starts.

A trial verdict usually results in higher awards than trust fund claims or settlement offers. Patients should always choose a national law firm with experience in handling mesothelioma cases.

The History of Asbestos Litigation

Asbestos is a naturally occurring fibrous mineral that can cause a wide range of health issues. Because of its durability, fire-retardant capabilities and low cost, asbestos was utilized in numerous products until the mid-1970s. Asbestos consumption peaked in the United States during this time and is still present in many older buildings and structures across America. Asbestos is associated with mesothelioma, lung conditions and a variety of cancer. Asbestos litigation is the longest-running mass tort in America's history.

Asbestos lawsuits arise out of the fact that exposure to asbestos can lead to serious and debilitating health conditions, such as mesothelioma. It is a serious lung disease that can develop over time. Manufacturers knew that asbestos posed risk to both workers and consumers, however they did not make it clear. Therefore, asbestos victims can get compensation from the producers of the dangerous products.

Defendants of asbestos lawsuits use different strategies to avoid paying compensation. This could include filing frivolous motions hoping that you die before your case is settled or simply give up. However, our mesothelioma attorneys are adept at thwarting such efforts and ensuring your claim moves forward.

The publication of The Restatement of the Law of Torts in 1965 was a major development for asbestos litigation. It ruled that anyone selling an item to another person who is unsafe for the reason that it is can be held accountable for any damages which are suffered by the other person. This ruling opened the floodgates for asbestos lawsuits.

Another change was the discovery of hidden documents that revealed asbestos manufacturers attempted to conceal asbestos' dangers. These documents were used in court to strengthen claims brought by plaintiffs against 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. The amount that a company pays to file for bankruptcy is a tiny fraction of what it would be able to recover in a civil suit.

Unfortunately asbestos defendants have been known to hire "experts" who would assist them defend their cases in court by conducting research and publishing papers funded by the asbestos industry. This was a deliberate attempt to discredit scientific consensus that asbestos exposure in any form can cause mesothelioma.

Suits Types

Many people who suffer from mesothelioma, or other asbestos-related illnesses, didn't realize they were exposed to the dangerous substance. Some companies that made asbestos-containing products were aware of the risks but decided to prioritize profits over the lives of their customers. They did not share the information with the public. If you or someone near you has been diagnosed with an Asbestos lawyer-related disease, you can bring a lawsuit against the company responsible and receive compensation from an asbestos trust.

Asbestos lawsuits are civil actions that also cover cases that involve personal injury and breach of contract. A judge is the judge in these cases, and the parties can make motions and other pleadings during the course of litigation.

Statute of Limitations

The asbestos lawyer statute of limitation, or the time limit to start a lawsuit against a person 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. In mesothelioma-related cases, however, special rules apply. Mesothelioma is a rare disease that typically does not develop symptoms until years after exposure to asbestos. This is the reason that patients and their families require assistance from a mesothelioma lawyer to ensure they submit their claims on time.

While the majority of personal injury claims result from injuries or accidents, asbestos victims face a unique situation. The law views mesothelioma and other asbestos-related diseases as resulting from "disability," meaning that victims might not know of or comprehend the severity of their symptoms until they have already suffered a significant loss. This is why asbestos statutes have an extended discovery period to account for the time between exposure and the first onset of symptoms.

The location of the injured person or the deceased person's location can influence the time limit for an asbestos case. This is because some states have an extended statute of limitations than others. In such cases, a mesothelioma lawyer who knows the appropriate jurisdiction and who can work with the victims to file their claims in that location is essential.

Medical documentation and reports relating to the diagnosis of an asbestos disease or cancer are also important in determining when the time limit for a statute of limitations 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 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 have been sold to other businesses. As such, victims must be prepared to sue multiple parties in order to receive maximum compensation for their asbestos-related diseases and injuries. A mesothelioma lawyer can assist victims identify the most appropriate defendants for their lawsuit by analyzing different types of claims.

Jury Verdicts

The asbestos lawyer victims are awarded compensation by a judge or jury. The amount of the award could be higher or less than a settlement deal reached by the victim and company.

Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims, requesting the maximum recovery possible from the defendants who contributed to their clients' exposure to asbestos. To increase the odds of winning, it's crucial to hire attorneys who are well-versed in asbestos and are able to explain complex and highly technical issues in a way that is simple for a non-specialist to comprehend.

In recent years, the most significant jury verdicts in asbestos cases have been in multi-district litigation, where there are multiple cases consolidated to be tried in one location. This creates 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 the art" defense is one issue that can arise in multi-district litigation. This defense says that a manufacturer cannot be held liable for damages when they knew at the time of purchase that the product was dangerous or alternatively, a buyer would have known this information through an informed inquiry. The standard is established by the Restatement (Second) Section 402A. Comment j.

Mesothelioma is a more serious form of cancer that can develop after an asbestos victim has had an illness that is not as serious like asbestosis. Since the symptoms of mesothelioma may be similar to those of other breathing problems, it is important for our asbestos lawyers to retain medical experts who can distinguish the two diseases and demonstrate that the mesothelioma is directly connected to 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 died from mesothelioma. The jury's verdict for the victim and her husband was significantly higher than previous verdicts in this case. This was despite defendants arguing that asbestos attorney exposure increased the risk of lung cancer as a result of smoking.