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 verdict at trial typically results in higher payouts than trust fund claims or settlement offers. Patients should seek out an attorney firm with experience handling mesothelioma cases.
The History of Asbestos Litigation
Asbestos, a fibrous mineral found in nature, could cause many health problems. Asbestos was utilized in a variety of products up until the mid-1970s because of its durability, fire retardant properties and low price. In the mid-1970s asbestos usage in the United States peaked. It is still found in a variety of older buildings and structures in America. Asbestos has been linked with various types of cancer, respiratory conditions, and mesothelioma. Asbestos litigation is the longest-running mass tort in America's history.
Asbestos-related lawsuits result of the fact that asbestos exposure can cause serious and debilitating health conditions, such as mesothelioma. It is a serious lung disease that can develop over time. Manufacturers knew asbestos could pose an hazard to workers and consumers, however they didn't disclose it. Due to this, asbestos-related victims can get compensation from the manufacturers.
Plaintiffs in asbestos lawsuits employ different strategies to avoid paying out compensation. This can include filing frivolous motions in the hope that you die before your case is decided or give up. However, our mesothelioma attorneys are adept in thwarting these attempts and ensuring that your claim moves forward.
The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It ruled that anyone selling an item to a person who is dangerous in any way will be liable for any damage which are suffered by the other person. This ruling opened the floodgates to asbestos lawsuits.
Another important change was the discovery of hidden documents that revealed that asbestos producers tried to conceal asbestos's dangers. These documents were used by plaintiffs in court to back their claims against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a business declares bankruptcy, it can save money in special trusts that pay out settlements to asbestos victims. However, the amount the company pays out in bankruptcy proceedings is minuscule compared to what could be recovered in a civil lawsuit.
However asbestos defendants have been known to employ "experts" who would help them defend their cases in court by conducting research and publishing papers that were funded by the asbestos attorney industry. This was a clear attempt to discredit the scientific consensus that exposure to asbestos in any form could cause mesothelioma.
Suits Types
Many people who contract mesothelioma, or other asbestos-related illnesses, did not realize they were exposed to the dangerous substance. Some companies that manufactured asbestos-containing products were aware the dangers, but chose to prioritize profit over human life. They did not share the information with the public. If you or someone close to you has been diagnosed with asbestos-related disease, you can sue the company responsible and receive compensation from an asbestos trust.
Asbestos lawsuits are civil actions that also cover cases involving personal injury and breach of contract. These cases are heard by an adjudicator, and parties can submit motions or other pleadings during the process of litigation.
Statute of Limitations
The asbestos statute of limitations or the time frame for filing lawsuits against a negligent party differs by state. In general, personal injury cases must be filed within a three-year window from the date that 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. This is why the victims and their families require the assistance of a seasoned mesothelioma attorney to ensure they submit a claim on time.
Although the majority of personal injury cases involve accidents or injuries asbestos victims are in an unusual situation. The law views mesothelioma and other asbestos-related illnesses as stemming from "disability," meaning that patients may not be aware of or understand the severity of their symptoms until they've already suffered an extensive loss. This is why asbestos statutes have an extended discovery period to take into account the time period between exposure and first signs.
Another aspect that influences the time limit for asbestos cases is the location of the injured or deceased. This is because certain states have a longer statute of limitations than others. In such cases it is crucial to find a mesothelioma lawyer who knows the right jurisdiction and that can help victims file the appropriate form in the correct location.
Medical documentation and reports relating to the diagnosis of asbestos-related cancer or disease are also important in determining the time when a statute of limitations begins. A mesothelioma lawyer may look over the asbestos attorneys victim's employment background to determine the potential areas of asbestos exposure.
It is also important to remember that the statute of limitations can differ depending on the kind of claim, and even the asbestos employer or manufacturer. Many asbestos producers have shut down or sold to a different company. In order 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 can go over the different kinds of claims available to a victim and help them decide which defendants to include in their lawsuit.
Jury Verdicts
The asbestos lawsuit victims are awarded compensation by a judge or jury. The amount of the verdict may be higher or lower than the settlement agreement negotiated between the company and the plaintiff.
Asbestos litigation often involves multiple defendants. The attorneys of the plaintiffs seek justice for the victims by seeking the maximum recovery possible from the defendants responsible for their clients being exposed to asbestos. To increase the odds of winning, it is crucial to hire attorneys who are well-versed in asbestos and are able to present complex and highly technical issues in a manner that is easy for a lay person to understand.
In recent years, the most significant verdicts of juries in asbestos cases occurred in multi-district litigation. This is when several cases are consolidated and tried in one place. This creates economies of scale and a more streamlined process for both parties, as well as allowing jurors to see a consistent pattern in the outcomes.
The "state of the art" defense is a matter that may 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 a risk or alternatively, a buyer 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 develop after an asbestos victim has been suffering from an illness that is not as serious like asbestosis. As the symptoms of mesothelioma are similar to other breathing diseases, it is essential that our asbestos lawyers work with medical experts to differentiate between the two types of cancer.
Kazan McClain Satterley & Greenwood has, for instance, won a $12,000,000 verdict 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 substantially more than the previous verdicts in this case, despite defense of the defendants that the worker's smoking increased the risk of developing lung cancer from her asbestos exposure.