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 defendants will deny the allegations and offer a settlement before the trial gets underway.
However it is true that a verdict in a trial usually yields higher awards than settlement offers or trust fund claims. Patients should always choose an attorney firm that has national experience in handling mesothelioma cases.
History of Asbestos Litigation
Asbestos, a mineral that is fibrous found in nature, could cause health issues in a variety of ways. Due to its strength and fire-retardant abilities, as well as its low cost, asbestos was employed in a variety of products up to the mid-1970s. At this point asbestos usage in the United States peaked. It is still found in many older buildings and structures in America. Asbestos has been linked to various types of cancer respiratory diseases, as well as mesothelioma. asbestos lawyer lawsuits have been the longest-running mass injury in American history.
Asbestus lawsuits are based on the fact that exposure to asbestos could cause severe and debilitating health diseases, such as mesothelioma which is a life-threatening lung disease that can take years to develop. When asbestos was used, the makers knew of the dangers it presented to consumers and workers, but didn't disclose this information. As a result asbestos victims are able to claim compensation from the makers of the dangerous products.
The defendants in asbestos lawsuits employ different strategies to avoid paying out compensation. This usually involves filing frivolous motions, hoping you will die or give up before the case is settled. However, our mesothelioma attorneys are skilled in thwarting these attempts and ensuring your claim moves forward.
The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It declared that anyone who sells an item to another person who is unsafe for the reason that it is will be liable for any damage that are incurred by that other person. This ruling opened up the floodgates to 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 by plaintiffs against the asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy, it can set aside money in trusts with special provisions that pay out settlements to asbestos victims. The amount a company pays to file for bankruptcy is only a fraction of the amount it could recover in a civil suit.
However asbestos defendants are recognized for hiring "experts", who would help them defend themselves in court by publishing and conducting research that was paid for by the asbestos industry. This was a deliberate attempt to discredit research-based evidence that asbestos exposure in any form can lead to mesothelioma.
Suits of different types
Many people who develop mesothelioma or other asbestos-related ailments didn't realize they were exposed to the dangerous substance. Certain companies that produced asbestos-containing products were aware the dangers, but chose to put profits before the life of a human being. They did not divulge the information with the general public. If you or someone close to you has been diagnosed with an asbestos-related disease, you can sue the responsible company and receive compensation from an asbestos trust.
Asbestos lawsuits are civil actions, which also include cases that involve personal injury and 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 period to file a lawsuit against someone who is negligent, varies from state to state. Personal injury lawsuits are usually filed within three years from the date when the victim first starts experiencing symptoms. For mesothelioma cases there are specific rules that apply. Mesothelioma is a rare illness that typically does not manifest until years 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 result from injuries or accidents asbestos victims are in unique circumstances. The law regards mesothelioma and other asbestos-related illnesses as resulting from "disability," meaning that patients may not be aware or comprehend the severity of their symptoms until they have already suffered a significant loss. This is why asbestos statutes of limitations have an extended discovery rule to account for the time between the time of exposure and the first appearance of symptoms.
Another factor that affects the time limit for asbestos cases is the location of the victim or deceased. Certain states have a longer duration of limitation than other. In these cases, a mesothelioma lawyer who knows the right jurisdiction and can assist the victims to file in that location is essential.
Documentation and reports that correspond to the diagnosis of asbestos cancer or disease are also important when determining when the statute of limitations starts. A mesothelioma lawyer may review the asbestos victim's work background to determine the potential areas of asbestos exposure.
It is important to remember that the time period for a statute of limitations may vary depending on the type of claim and even the asbestos manufacturer or employer. This is because a lot of asbestos producers have shut down their operations or been sold to other companies. As a result, victims need to be prepared to sue several parties to get maximum compensation for their asbestos-related diseases and injuries. An attorney for mesothelioma can look over the different types of claims for the victim and assist them to decide which defendants to include in their lawsuit.
Jury Verdicts
The asbestos victims are awarded compensation by a jury or judge. The amount of the award may be higher or lower than a settlement deal reached by the victim and the company.
Asbestos litigation often involves multiple defendants. Plaintiffs' attorneys are seeking justice for victims by seeking the highest amount of money from defendants who have contributed to expose their clients to asbestos. It is crucial to employ lawyers who have experience with asbestos and are able to explain complex and technical issues to lay people in a manner that is easy to comprehend.
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 for trial in one venue. This allows for economies of scale and a simpler procedure for both parties and also 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 which says that a manufacturer is not liable for damages caused by exposure to an item unless it was known at the time of the sale that the product could pose danger, or in the alternative, a seller could have uncovered such information through an appropriate investigation. The standard is set by the Restatement (Second) Section 402A. Comment j.
Mesothelioma is a more serious cancer that can develop after an asbestos victim has been suffering from an illness that is not as serious like asbestosis. Since the symptoms of mesothelioma may be similar to those of other breathing disorders and conditions, it is crucial for asbestos lawyer lawyers to retain medical experts who can differentiate the two illnesses and prove that the mesothelioma is directly related to the asbestos exposure.
Kazan McClain Satterley & Greenwood has, for instance, won the award of $12,000,000 in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of a worker who passed away from mesothelioma. The jury's verdict for the victim and her husband was significantly more than the previous verdicts in this case, despite the defendants' argument that smoking increased the risk of developing lung cancer due to asbestos exposure.