How to File an Asbestos Lawsuit

Once 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 begins.

However the verdict of a trial typically will result in higher payouts than settlement offers or trust fund claims. Patients should always choose an attorney firm that has national experience handling mesothelioma cases.

The History of Asbestos Litigation

Asbestos, a mineral that is fibrous found in nature, can cause a variety of health issues. Due to its durability and fire-retardant abilities, as well as its low cost, asbestos was utilized in numerous products until the mid-1970s. At this point asbestos use in the United States peaked. It remains in many older buildings and structures in America. Asbestos is linked to mesothelioma, lung conditions and a variety of cancer. Asbestos lawsuits have been the longest-running mass injury in the history of America.

Asbestos lawsuits arise out of the fact that exposure to asbestos can lead to debilitating and serious health conditions, such as mesothelioma. It is a serious lung disease that can develop over decades. When asbestos was used in the manufacturing process, the manufacturers knew about the dangers it could pose to consumers and workers, but didn't disclose this information. As a result, asbestos victims can claim compensation from the makers of these dangerous products.

Defense lawyers in asbestos lawsuits employ a variety of tactics to avoid paying compensation. This often includes filing frivolous motions, hoping you will die or quit before the case is settled. However, our mesothelioma attorneys are skilled at thwarting such efforts and ensuring that your claim is moved forward.

A major development in asbestos litigation was the publication of The Restatement of the Law of Torts, which stated that anyone who sells a product which is unreasonablely hazardous to another person is responsible for the damages incurred by that person. This ruling opened up the floodgates for asbestos lawsuits.

A second change was the discovery of hidden documents which revealed that asbestos companies tried to conceal the dangers of asbestos. These documents were used by plaintiffs in court to prove their claims against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy and declares bankruptcy, it can put money aside in trusts that will pay settlements to asbestos victims. The amount a company pays to file for bankruptcy is a small fraction of what it would be able to recover in a civil suit.

As a matter of fact asbestos defendants are recognized for hiring "experts", who would help them defend themselves in court by conducting and publishing research that was paid for by the asbestos attorneys industry. This was an obvious attempt to discredit the scientific consensus that exposure to asbestos in any form could cause mesothelioma.

Suits Types

Many people who develop mesothelioma or asbestos-related diseases didn't realize they were exposed to harmful substances. Some companies that manufactured asbestos-containing products were aware the risks but decided to prioritize profits over human life. They didn't share the information with the general public. If you or someone near you has been diagnosed with asbestos-related disease, you can bring a lawsuit against the company responsible and receive compensation from an asbestos trust.

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

Statute of limitations

The asbestos statute of limitation, or the time limit to bring a lawsuit against someone who is negligent and liable, differs from state to state. In general, personal injury cases must be filed within a period of three years from the date that the victim's symptoms first begin to manifest. Special rules apply in mesothelioma situations. Mesothelioma can be a rare condition that typically does not develop symptoms until years after asbestos exposure. This is the reason that victims and their families require the help of mesothelioma lawyers to ensure they complete their claim in time.

Although the majority of personal injury cases result from injuries or accidents, asbestos victims face unique circumstances. The law considers mesothelioma as well as other asbestos-related illnesses as stemming from "disability," meaning that patients may not be aware of or be aware of the severity of their ailments until they've already suffered a significant loss. This explains why asbestos lawyer statutes of limitations include an extended discovery rule to account for the delay between the time of exposure and the first manifestation of symptoms.

The location of the injured person or the deceased may also affect the statute of limitation for an asbestos case. Some states have a longer time of limitation than others. In such cases, an attorney who is knowledgeable about the right jurisdiction and is able to work with the victims to file a claim in that state is crucial.

Medical documentation and reports corresponding to the diagnosis of asbestos disease or cancer are also essential in determining the time when a limitation period begins. A mesothelioma lawyer may review the asbestos victim's work history to find potential places of asbestos exposure.

Finally, it is important to keep in mind that statutes of limitation may differ depending on the type of claim and the asbestos manufacturer or employer. Many asbestos producers have either closed or sold to a different company. As such, victims must be prepared to sue multiple parties to get maximum compensation for their asbestos-related diseases and injuries. A mesothelioma lawyer can go over the various 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 judge or jury. The amount of the verdict may be higher or lower than the settlement agreement that was reached between the company and the victim.

Asbestos litigation often involves multiple defendants. The attorneys of the plaintiffs seek justice for the victims by pursuing the maximum recovery possible from the defendants responsible for their clients being exposed to asbestos. It is important to hire attorneys who have expertise in asbestos and know how to explain technical and complicated issues to laypeople in a way that is easy to comprehend.

In recent years, the biggest verdicts of juries in asbestos cases were in multi-district litigation. This is when several cases are consolidated and are tried in one location. This allows for economies of scale and a smoother procedure for both parties and allows the jury to see consistency in the outcomes.

One issue that may arise in multi-district litigation is the "state of the state of the art" defense, which states that a manufacturer isn't liable for damages caused by exposure to a product unless it was known at the time of the sale that the product was risk or, in the alternative, a seller could have uncovered such information through a reasonable inquiry. The standard is set by the Restatement (Second) Section 402A. Comment j.

Mesothelioma can be a more serious cancer that can be found after an asbestos victim has suffered from an illness that is not as serious, such as asbestosis. Since the symptoms of mesothelioma may be similar to those of other breathing problems, it is important for asbestos lawyers to have medical experts who can differentiate the two illnesses and prove that the mesothelioma is directly connected to asbestos exposure.

For example, in 2019 Kazan McClain Satterley & Greenwood won a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who passed away from mesothelioma. The jury's verdict for the victim and her husband was much higher than previous verdicts in this case. This was despite defendants arguing that the worker's exposure to asbestos increased her risk of developing lung cancer as a result of smoking.