How to File an Asbestos Lawsuit
When a lawyer for a victim is able to file an asbestos lawsuit the defendants have 30 days to respond. The majority of them will contest the allegations and offer a settlement prior to the trial begins.
However it is true that a verdict in a trial usually results in higher settlement offers or trust fund claims. Patients should choose an attorney firm with expertise in handling mesothelioma lawsuits.
History of Asbestos Litigation
Asbestos is an naturally occurring fibrous mineral that can cause a broad range of health issues. Due to its durability and fire-retardant properties, as well as its low cost, asbestos was used in many different products until the mid-1970s. Asbestos use soared in the United States during this time and continues to be present in a variety of older structures and buildings across America. Asbestos is linked to mesothelioma, lung conditions, and several types of cancer. Asbestos litigation is the longest-running mass injury in American history.
Asbestos lawsuits are a result of the fact that exposure to asbestos can lead to serious and debilitating health conditions, such as mesothelioma. This is a deadly lung disease that can develop over decades. Manufacturers knew asbestos could pose risk to both workers and consumers, however they did not make it clear. As a result of this, asbestos-related victims can get compensation from the manufacturers.
Defendants of asbestos lawsuits use various tactics to avoid paying compensation. This often includes filing frivolous motions, hoping you will die or give up before the case is settled. Our mesothelioma lawyers are adept in stopping such attempts 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 unreasonably dangerous to someone else is responsible for the damages incurred by the person who sold the product. This ruling opened the floodgates for asbestos lawsuits.
Another interesting development was the uncovered of secret documents that revealed asbestos companies tried to hide the health hazards of asbestos. These documents were used by plaintiffs in court to support their claims against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankrupt, it can set funds aside in trusts that provide settlements to asbestos victims. However, the amount that an organization pays in bankruptcy proceedings is small in comparison to the amount that could be obtained in a civil lawsuit.
However asbestos defendants are often known to employ "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 clear attempt to discredit the scientific consensus that exposure to asbestos in any form can lead to mesothelioma.
Suits Types
Many people who develop mesothelioma, or other asbestos-related illnesses, did not realize that they were exposed to the toxic substance. Unfortunately, a few companies that produced asbestos-containing products were aware of its dangers and put profit over the health of their customers, but did not communicate this information with the public. If you or someone near you has been diagnosed with asbestos-related illness, you can sue the company responsible and receive compensation from an asbestos trust.
Asbestos lawsuits are civil actions and can also be a part of cases that involve personal injury and breach of contract. These cases are heard by an adjudicator and parties can make motions or other pleadings during the process of litigation.
Statute of limitations
The asbestos statute of limitations or the time frame for filing a lawsuit against a negligent party is different for each state. Personal injury lawsuits are usually filed within three years of the date when a victim first experiences symptoms. In mesothelioma cases, however there are specific rules that apply. Mesothelioma can be a rare condition that typically does not manifest until years after exposure to asbestos. It is for this reason that the victims and their families need the help of a mesothelioma lawyer to ensure that they file their claim on time.
Asbestos sufferers are in a unique position. Most personal injury cases deal with accidents or injuries. The law regards mesothelioma and other asbestos-related diseases as resulting from "disability," meaning that victims might not know of or understand the severity of their symptoms until they have already suffered an extensive loss. This is the reason asbestos laws provide for a longer period of discovery to account for the time between exposure and the first onset of symptoms.
The location of the injured or the deceased person's location can affect the statute of limitation for asbestos cases. This is because some states have a longer statute of limitations than others. In these situations, it is important to find a mesothelioma lawyer that knows the appropriate jurisdiction and who can assist victims to file in the right location.
Documentation and reports relating to the diagnosis of asbestos cancer or a disease are also crucial when determining when the statute of limitations commences. A mesothelioma lawyer can examine the asbestos victim's work background to determine the potential areas of asbestos exposure.
It is important to note that the time period for a statute of limitations may differ depending on the type of claim, and even by the asbestos manufacturer or employer. This is because many asbestos manufacturers have closed their businesses or sold to other businesses. In order to receive the most amount of amount of compensation for asbestos-related diseases or injuries, victims have to be prepared to file multiple lawsuits. A mesothelioma lawyer can go over the various kinds of claims that can be filed by a victim and help them decide which defendants to include in their lawsuit.
Jury Verdicts
A jury or judge awards compensation to asbestos victims. The amount of the award could be higher or lower than the settlement agreement negotiated between the victim and company.
Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims by seeking the maximum recovery possible from the defendants responsible for their clients' exposure to asbestos. It is important to hire lawyers who have worked with asbestos and can explain technical and complex issues to laymen in a manner that is easy to understand.
In recent years, the largest jury verdicts in asbestos cases were in multi-district litigation. This is where multiple cases are consolidated and tried in one place. This allows for economies of scale and a simpler procedure for both parties and allows the jury to see consistency in the results.
One issue that may arise in multi-district litigation is the "state of the state of the art" defense, which states that a manufacturer is not liable for damages caused by exposure to a product in the event that it was discovered at the time of the sale that the product could pose a danger or, in the alternative, a buyer could have uncovered such information through an appropriate inquiry. The Restatement (Second) of Torts, Section 402A, Comment j, sets out the norm.
Most often, asbestos victims has suffered from a lesser illness such as asbestosis prior to developing the more serious cancer of mesothelioma. Because the signs of mesothelioma are similar to other breathing problems that is why it is essential for asbestos lawyers to engage medical experts who can differentiate the two illnesses and prove that mesothelioma is connected to asbestos exposure.
Kazan McClain Satterley & Greenwood, for example, secured the award of $12,000,000 in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. St. Paul asbestos lawsuit for the victim and her husband was substantially higher than previous verdicts in this case, despite defense that smoking cigarettes increased the risk of lung cancer as a result of her exposure to asbestos.