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 them will deny the allegations and may 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 a law firm in the nation with expertise in handling mesothelioma cases.

The History of Asbestos Litigation

Asbestos, a fibrous mineral found in nature, could cause a variety of health issues. Because of its durability, fire-retardant capabilities and low cost, asbestos was employed in many different products until the mid-1970s. During this time asbestos use in the United States peaked. It is still found in many older buildings and structures in America. Asbestos is associated with mesothelioma, lung diseases and various types of cancer. Asbestos lawsuits are the longest-running mass tort in America's history.

Asbestos lawsuits are a result 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. Manufacturers knew asbestos could pose a danger to workers and consumers, however they did not make it clear. Therefore asbestos attorneys victims can get compensation from the producers of these dangerous products.

Defendants of asbestos lawsuits use various tactics to avoid paying out compensation. This usually involves filing frivolous motions, hoping that you will die or give up before your case is settled. However, our mesothelioma lawyers are skilled at thwarting these efforts and ensuring that your claim moves forward.

A major development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts which declared that anyone who sells a product which is unreasonablely risky to others is liable for damages incurred by the person who sold the product. This ruling opened the floodgates of asbestos lawsuits.

Another interesting development was the uncovered of documents hidden from view which revealed that asbestos manufacturers attempted to hide asbestos's health risks. These documents were used in court to strengthen claims brought by plaintiffs against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it has the option to save money in trusts with special provisions that provide settlements to asbestos victims. However, the amount the company pays out in bankruptcy proceedings is small when compared to the amount that can be recovered in a civil suit.

Unfortunately, asbestos defendants are also recognized for hiring "experts", who would help them defend themselves in court by publishing and conducting research that was supported by asbestos companies. This was a clear effort to discredit the scientific consensus that exposure to asbestos attorneys in any form can cause mesothelioma.

Types of Suits

Many people who suffer from mesothelioma or asbestos-related illnesses didn't realize they were exposed to toxic substances. Some companies that made asbestos-containing products were aware of the risks, but 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 an asbestos-related illness, you can sue the company responsible and receive compensation from an asbestos trust.

asbestos attorneys lawsuits are civil suits and can also be a part of cases involving personal injury as well as breach of contract. A judge is the judge in these cases, and the parties can file motions and other pleadings throughout the course of litigation.

Statute of limitations

The asbestos statute of limitations or time period for filing an action against a negligent person, varies by state. In general, personal injury cases must be filed within a period of three years from the time a victim's symptoms first appear. Particular rules are in place for mesothelioma-related cases. Mesothelioma is a rare disease that usually does not show symptoms until decades after exposure to asbestos. This is why that the victims and their families require the assistance of a mesothelioma lawyer to ensure they submit their claims on time.

While most personal injury claims involve injuries or accidents asbestos victims are in an unusual situation. Mesothelioma, asbestos-related diseases and other illnesses are considered by law as "disability." This means that patients may not be aware of or comprehend their symptoms until they have suffered a significant loss. This is why asbestos statutes of limitation have an extended discovery rule to account for the time between the time of exposure and the initial appearance of symptoms.

Another aspect that influences the statute of limitations for asbestos cases is the location of the injured or deceased. Certain states have a longer duration of time to file a claim than other. In such cases, a mesothelioma lawyer who knows the appropriate jurisdiction and who can assist the victims to file their claims in the appropriate location is crucial.

Documentation and reports that correspond to the diagnosis of asbestos cancer or a disease are crucial in determining when the statute of limitation commences. A mesothelioma lawyer will examine the asbestos victim's work history to find potential places of asbestos exposure.

It is important to note that the statute of limitations can differ depending on the type of claim or even by the asbestos manufacturer or employer. This is due to the fact that many asbestos producers have closed their operations or been sold to other businesses. In order to receive the most amount of compensation for asbestos-related diseases or injuries, victims need to be prepared to file multiple lawsuits. A mesothelioma attorney can review the various types of claims for victims and help them identify the defendants they should name in their lawsuit.

Jury Verdicts

The victims in asbestos lawsuits are awarded compensation by a jury or a judge. The amount of the award could be higher or less than a settlement agreement signed by the victim and company.

Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for victims by pursuing the highest amount of money from defendants who have contributed to expose their clients to asbestos. To increase the odds of winning, it is essential to have lawyers who are knowledgeable about asbestos and who know how to present complex and technical issues in a manner that is simple for a average person to comprehend.

In recent years, the most significant jury verdicts in asbestos cases have occurred in multi-district litigation. In this type of litigation, there are multiple cases that are consolidated to be tried in one location. This creates economies of scale and a more streamlined process for both parties and allows the jury to see consistency in the results.

The "state of the art" defense is a matter that can arise in multi-district litigation. This defense states that a manufacturer cannot be held liable for damages when they knew at the time of purchase that the product was hazardous or alternatively, a buyer could have uncovered this information by making an informed inquiry. The Restatement (Second) of Torts, Section 402A, Comment j, lays out the standard.

Most often, asbestos victims will have suffered from a lesser illness such as asbestosis before developing the more serious cancer of mesothelioma. Because the signs of mesothelioma are similar to other breathing ailments that is why it is essential for asbestos lawyers to retain medical experts who can distinguish the two diseases and prove that mesothelioma can be directly connected to asbestos exposure.

In the year 2019, Kazan McClain Satterley & Greenwood obtained a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who died from mesothelioma. The jury's verdict for the husband and victim was much higher than previous verdicts in this instance. This is despite defense that asbestos exposure increased the risk of lung cancer because of her smoking.