How to File an Asbestos Lawsuit
The defendants have 30 calendar days to respond once a victim's attorney is able to file an asbestos lawsuit. Most will deny the allegations and offer a settlement prior to the trial starts.
However the verdict of a trial typically results in higher settlement offers or trust fund claims. Patients should seek out a law firm that has experience in handling mesothelioma claims.
The History of Asbestos Litigation
Asbestos, a mineral that is fibrous found in nature, can cause health issues in a variety of ways. Due to its durability and fire-retardant abilities, as well as its low cost, asbestos was employed in a variety of products up to the mid-1970s. At this point asbestos use in the United States peaked. It is still found in many older structures and buildings in America. Asbestos has been linked with several types of cancer respiratory diseases, as well as mesothelioma. Asbestos litigation has been the longest-running mass injury in American history.
Asbestos lawsuits arise out of the fact that asbestos exposure can cause serious and debilitating health conditions, such as mesothelioma. This is a deadly lung condition that can develop over the course of time. When asbestos was used in the manufacturing process, the manufacturers knew of the dangers it could pose to both consumers and workers but they did not divulge this information. Due to this, asbestos-related victims can claim compensation from the manufacturer.
Defendants of asbestos lawsuits use various tactics to avoid paying out compensation. This usually involves filing frivolous motions and hoping that you will die or give up before your case is settled. However, our mesothelioma attorneys are skilled at thwarting such efforts and ensuring that your claim moves forward.
One of the most significant developments in asbestos litigation was the publication of The Restatement of the Law of Torts, which stated that anyone who sells a product that is dangerous to someone else is responsible for the damages incurred by the person who sold the product. This ruling opened the floodgates of asbestos lawsuits.
A second change was the discovery of hidden documents that revealed that asbestos producers tried to hide the dangers of asbestos. These documents were used by plaintiffs in court to back their claims against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When Las Vegas asbestos lawsuit declares bankruptcy it is able to set funds aside in trusts that provide settlements to asbestos victims. However, the amount a company pays in bankruptcy proceedings is small when compared to the amount that can be recovered in a civil lawsuit.
However asbestos defendants have been known to employ "experts" who would assist them defend their cases in court by conducting research and publishing papers that were funded by the asbestos industry. This was a clear effort to discredit the scientific consensus that exposure to asbestos in any form can cause mesothelioma.
Suits Types
Many people who suffer from mesothelioma or other asbestos-related ailments didn't realize they were exposed to the toxic substance. Some companies that made asbestos-containing products were aware the risks, but chose to prioritize profits over the lives of their customers. They did not divulge the information with the general public. If you or someone near you has been diagnosed with an asbestos-related disease, you can sue the responsible company and receive compensation from an asbestos trust.
Asbestos lawsuits are civil actions that also cover cases that involve personal injury and breach of contract. These cases are ruled on by a judge and parties can file motions or other pleadings throughout the litigation.
Statute of Limitations
The asbestos statute of limitation or the time frame for filing lawsuits against a negligent party, differs by state. In general, personal injury cases must be filed within a three-year window from the date that a victim's symptoms first appear. In mesothelioma-related cases, however there are specific rules that apply. Mesothelioma is a rare illness which usually doesn't develop symptoms until years after exposure to asbestos. This is the reason why patients and their loved ones need the assistance of an experienced mesothelioma attorney to ensure they make a claim on time.
While most personal injury claims result from injuries or accidents asbestos victims are in an unusual situation. The law views mesothelioma and other asbestos-related illnesses as stemming from "disability," meaning that patients may not be aware or understand the severity of their ailments until they have already suffered a significant loss. This is why asbestos statutes have a longer discovery period to take into account the time period between exposure and first symptoms.
Another aspect that influences the time limit for an asbestos case is the location of the person who was injured or deceased. This is because certain states have the statute of limitations longer than others. In such cases, an attorney for mesothelioma who is aware of the right jurisdiction and can work with the victims to file in that state is crucial.
Documentation and reports that relate to the diagnosis of asbestos-related cancer or disease are also important when determining when the statute of limitation commences. A mesothelioma lawyer can examine the asbestos victim's work background to determine the potential areas of asbestos exposure.
It is important to remember that the statute of limitations can differ depending on the type of claim, and even by the asbestos manufacturer or employer. This is because many asbestos producers have closed their businesses or sold to other businesses. To get the most amount of compensation for asbestos-related diseases or injuries, victims need to be prepared to file multiple lawsuits. A mesothelioma lawyer can help victims determine the best defendants to sue by analyzing various kinds of claims.
Jury Verdicts
The asbestos victims are awarded compensation by a jury or judge. The amount of the verdict could be higher or lower than the settlement agreement that was reached between 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 have contributed to expose their clients to asbestos. It is important to hire attorneys who have expertise in asbestos and are able to explain technical and complex issues to lay people in a manner that is easy to comprehend.
In recent years, the biggest jury verdicts in asbestos cases came from multi-district litigation. This is where multiple cases are consolidated and are tried in one location. This allows for economies of scale as well as a more streamlined procedure for both parties. It also allows jurors to be able to compare results.
One issue that can arise in multi-district litigation is the "state of the state of the art" defense which says that a manufacturer cannot be held responsible for any damages resulting from exposure to a product unless it was known at the time of the sale that the product could pose danger, or in the alternative, a buyer could have uncovered such information through an appropriate investigation. The standard is set 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 had an illness that is less severe like asbestosis. Because the signs of mesothelioma are comparable to other breathing diseases, it is essential that asbestos lawyers have medical experts to differentiate between the two types of cancer.
For example, in the year 2019, Kazan McClain Satterley & Greenwood won a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who had died from mesothelioma. The verdict of the jury for the husband and victim was much higher than the previous verdicts in this case. This was despite defendants ' argument that the worker's exposure to asbestos increased her risk of lung cancer as a result of smoking.