How to File an Asbestos Lawsuit
Once a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. Troy asbestos attorney of defendants deny the allegations and offer a settlement to settle before the trial begins.
A verdict in a trial usually results in higher payouts than trust fund claims or settlement offers. Patients should always seek out a law firm in the nation with experience in handling mesothelioma cases.
History of Asbestos Litigation
Asbestos, a mineral that is fibrous found in nature, can cause many health problems. Asbestos was utilized in a wide range of products until the mid-1970s due to its strength, fire-resistant properties, and low cost. Asbestos usage soared in the United States during this time and continues to be found in a variety of older buildings and structures across America. Asbestos has been linked to mesothelioma, lung conditions, and several types of cancer. Asbestos lawsuits have been the longest-running mass injury in the history of America.
Asbestos-related lawsuits result of the fact that exposure to asbestos can lead to debilitating and serious health issues, like mesothelioma. This is a deadly lung condition that can develop over time. Manufacturers knew that asbestos posed risk to both workers and consumers, however they did not make it clear. Therefore asbestos victims can get compensation from the producers of these dangerous products.
Plaintiffs in asbestos lawsuits employ various strategies to avoid paying out compensation. This usually involves filing frivolous motions, hoping that you will die or give up before your case is resolved. Our mesothelioma lawyers are adept in stifling such attempts and ensuring that your claim gets forward.
The most significant development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts which declared that anyone who sells a product that is unreasonablely hazardous to another person is liable for damages incurred by the person who sold the product. This ruling opened the floodgates to asbestos lawsuits.
Another change was the discovery of hidden documents that revealed that asbestos companies tried to hide asbestos' dangers. 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 pay settlements to asbestos victims. The amount that a company is required to pay to file bankruptcy is only a fraction of what it could get in a civil lawsuit.
Unfortunately asbestos defendants are known to hire "experts" who assist them in court by conducting and publishing research paid for by the asbestos industry. This was an obvious attempt to undermine the scientific consensus that exposure to asbestos in any form can cause mesothelioma.
Suits Types
Many people who develop mesothelioma or other asbestos-related diseases did not realize they were exposed to the toxic substance. Some companies that made asbestos-containing products were aware of the dangers but decided to prioritize profit over the life of a human being. They didn't share the information with the general public. If you or someone close to you has been diagnosed with an asbestos-related disease, you may sue the company responsible and receive compensation from an asbestos trust.
Asbestos lawsuits are civil suits and can also be a part of cases that involve personal injury and breach of contract. A judge decides on these cases, and parties may submit motions and other pleadings during the course of litigation.
Statute of limitations
The statute of limitations for asbestos, or the time limit to file a lawsuit against someone who is negligent and liable, differs from state to state. In general, personal injury lawsuits must be filed within three years from the date that the symptoms of a victim first manifest. Special rules apply in mesothelioma-related cases. This is because mesothelioma symptoms usually don't manifest until years after exposure to asbestos. This is why the victims and their loved ones need the assistance of an experienced mesothelioma lawyer in order to file a claim in time.
Although the majority of personal injury cases result from injuries or accidents asbestos victims are in a unique situation. Mesothelioma, asbestos-related illnesses and other illnesses are viewed by law as "disability." This means that victims may not be aware of or even comprehend their symptoms until they have suffered a major loss. This is the reason asbestos laws have a longer discovery period to take into account the time period between exposure and first signs.
The location of the injured or the deceased can also affect the statute of limitation for an asbestos case. This is because certain states have a longer statute of limitations than others. In these cases, it is important to have a mesothelioma attorney that knows the appropriate jurisdiction and that can assist victims to file in the right location.
Documentation and reports relating to the diagnosis of asbestos cancer or disease are also important when determining when the statute of limitations commences. A mesothelioma attorney can review the asbestos-related work history of asbestos victims to find possible areas of asbestos exposure.
It is important to know that the statute of limitations can differ based on the type of claim or even by the asbestos manufacturer or employer. Many asbestos companies have either closed or been sold to another company. As a result, victims need to be prepared to sue several parties to ensure they receive the maximum compensation for asbestos-related illnesses and injuries. A mesothelioma attorney can review the various kinds of claims available to victims and help them decide which defendants to include in their lawsuit.
Jury Verdicts
The asbestos lawsuit victims are awarded compensation by a jury or judge. The amount of the verdict can be greater or smaller than a settlement deal reached by the victim and the company.
Asbestos litigation often involves multiple defendants. Attorneys representing plaintiffs are seeking justice for the victims by seeking the highest amount of money from defendants who contributed to expose their clients to asbestos. To increase the odds of winning, it's important to have lawyers who are familiar with asbestos and who know how to present complex and highly technical issues in a way that is easy for the average person to comprehend.
In recent years the most significant jury verdicts in asbestos cases have been in multi-district litigation, where the cases are combined for trial in one venue. This creates economies of scale and a more streamlined procedure for both parties as well as allowing jurors to see a consistent pattern in the results.
One issue that can arise in multi-district litigation is the "state of the art" defense that states that a manufacturer is not responsible for any damages resulting from exposure to a product in the event that it was discovered at the time of sale that the product posed a danger or, in the alternative, a buyer could have uncovered such information through a reasonable inquiry. The standard is established by the Restatement (Second), Section 402A Comment j.
Mesothelioma can be a more serious form of cancer that can develop after an asbestos victim has been suffering from an illness that is less severe, such as asbestosis. Because the signs of mesothelioma are comparable to other breathing disorders, it is vital that our asbestos lawyers work with medical experts to distinguish between the two diseases.
Kazan McClain Satterley & Greenwood has, for instance, won the award of $12,000,000 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 defendants' argument that the worker's smoking increased the risk of developing lung cancer due to asbestos exposure.