How to File an Asbestos Lawsuit
The defendants have 30 calendar days to respond after a victim's attorney is able to file an asbestos lawyers lawsuit. The majority of them will deny the allegations and may offer a settlement before the trial starts.
However, a trial verdict typically will result in higher payouts than settlement offers or trust fund claims. Patients should always hire a national law firm with expertise in handling mesothelioma cases.
The history of Asbestos Litigation
Asbestos is a naturally occurring fibrous material that can cause a wide range of health issues. Due to its durability and fire-retardant abilities, as well as its low cost, asbestos was used in many different products until the mid-1970s. At this point, asbestos consumption in the United States peaked. It is still found in a variety of older buildings and structures in America. Asbestos has been linked to different types of cancers respiratory ailments, mesothelioma. Asbestos litigation has been the longest-running mass injury in American history.
Asbestus lawsuits stem from fact exposure to asbestos can cause severe and debilitating medical conditions, including mesothelioma, which is a fatal lung disease that can take years to develop. When asbestos was used in the manufacturing process, the manufacturers were aware of the dangers it posed to both consumers and workers but didn't disclose this information. Therefore, asbestos victims are able to claim compensation from the makers of these dangerous products.
Defense lawyers in asbestos lawsuits employ a variety of tactics to avoid paying compensation. This includes filing frivolous motions in the hope that you die before your case is decided or give up. However, our mesothelioma attorneys are skilled 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 stated that anyone selling a product to another person that is unreasonably hazardous can be held accountable for any damages that are suffered by that other person. This ruling opened the floodgates for asbestos lawsuits.
Another breakthrough was the discovery of secret documents which revealed that asbestos producers tried to cover up the dangers of asbestos. These documents were used in court to strengthen claims by plaintiffs against the asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy, it can set funds aside in trusts to will pay settlements to asbestos victims. However, the amount that an organization pays in bankruptcy proceedings is small in comparison to the amount that could be recovered in a civil suit.
As a matter of fact asbestos defendants have been known to hire "experts" who would help them defend their case in court by conducting research and submitting papers paid for by the asbestos industry. This was an attempt to undermine the the scientific consensus that asbestos exposure in any form could lead to mesothelioma.
Types of Suits
Many people who develop asbestos-related diseases or mesothelioma didn't realize they were exposed substances. Some companies that made asbestos-containing products were aware of the dangers however, they chose to put profits before human life. They didn't share the information with the general public. If you or someone close to you has been diagnosed with asbestos lawyer-related illness, you can bring a lawsuit against the company responsible and receive compensation from an asbestos trust.
Asbestos lawsuits are civil suits, which also include cases that involve personal injury and breach of contract. A judge decides on these cases, and parties can submit motions and other pleadings throughout the duration of the litigation.
Statute of Limitations
The statute of limitations for asbestos or time period for filing lawsuits against a negligent person, differs by state. Personal injury lawsuits are usually filed within three years of the date the victim first begins to experience symptoms. Particular rules are in place for mesothelioma cases. This is because mesothelioma symptoms usually do not manifest until years after exposure to asbestos attorney. This is why that the victims and their families require the help of a mesothelioma lawyer to ensure that they file their claim on time.
While the majority of personal injury claims result from injuries or accidents, asbestos victims face unique circumstances. The law regards mesothelioma and other asbestos-related diseases as resulting from "disability," meaning that patients may not be aware or comprehend the severity of their ailments until they've already suffered an extensive loss. This is why asbestos statutes of limitations have an extended discovery rule to account for the delay between the date of exposure and the initial appearance of symptoms.
Another factor that affects the time frame for asbestos cases is the location of the injured or deceased. Certain states have a longer duration of limitation than other. In these instances, an attorney for mesothelioma who is aware of the proper jurisdiction and is able to 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 the time when a limitation period begins. A mesothelioma lawyer may 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 vary depending on the type of claim and even the asbestos manufacturer or employer. This is due to the fact that many asbestos producers have shut down their operations or been sold to other companies. As such, victims must be prepared to sue multiple parties to ensure they receive the maximum compensation for their asbestos-related diseases and injuries. A mesothelioma attorney can review the various kinds of claims that can be filed by victims and help them identify the defendants they should name in their lawsuit.
Jury Verdicts
A judge or jury awards compensation to asbestos victims. The amount of the verdict could be higher or less than a settlement deal reached by the victim and company.
Asbestos litigation often involves multiple defendants. Plaintiffs' attorneys are seeking justice for the victims by seeking the highest amount of money from defendants who contributed to the exposure of their clients to asbestos. To maximize the chances of winning, it is crucial to hire lawyers who are familiar with asbestos and who know how to present complicated and highly technical issues in a way that is easy for a lay person to understand.
In recent years the most significant jury verdicts in asbestos lawyer cases have been based on multi-district litigation, in which there are multiple cases that are consolidated for trial in one venue. This allows for economies of scale and a simpler process for both parties and allows jurors to see a consistent pattern in the verdicts.
The "state of art" defense is a common issue that may arise in multi-district litigation. This defense states that a maker cannot be held liable for damages in the event that they knew at time of purchase that the product was a risk or alternatively, a buyer could have discovered this information through an informed inquiry. The standard is set by the Restatement (Second), Section 402A Comment j.
A lot of times, an asbestos victim may have had an illness that is less severe, such as asbestosis before developing the more serious cancer mesothelioma. Since the symptoms of mesothelioma can be similar to those of other breathing problems and conditions, it is crucial 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 for instance, securing an award of $12 million in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. The jury's award for the victim and her husband was considerably higher than previous verdicts in this case, despite defense that smoking increased the risk of lung cancer from her asbestos exposure.