How to File an Asbestos Lawsuit
If a victim's lawyer file 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 starts.
A trial verdict usually will result in more awards than trust fund claims or settlement offers. Patients should always seek out a law firm in the nation with experience in handling mesothelioma cases.
The history of Asbestos Litigation
Asbestos, a mineral that is fibrous found in nature, could cause many health problems. Asbestos was utilized in a variety of products up until the mid-1970s due its strength, fire-resistant properties, and low cost. In the mid-1970s asbestos usage in the United States peaked. It remains in many older buildings and structures in America. Asbestos has been linked with various types of cancer respiratory ailments, mesothelioma. Asbestos lawsuits have been the longest-running mass injury in the history of America.
Asbestus lawsuits are based on the fact that exposure to asbestos could cause serious and debilitating medical conditions, including mesothelioma, which is a life-threatening lung disease that can take a long time to develop. When asbestos was used, manufacturers knew about the dangers it could pose to both consumers and workers but didn't disclose the information. As a result, asbestos victims are able to seek compensation from the manufacturers of the dangerous products.
Defense attorneys in asbestos lawsuits employ a variety of strategies to avoid paying compensation. This can include filing frivolous motions, hoping that you will die or give up before your case is resolved. However, our mesothelioma lawyers are skilled in thwarting these attempts and ensuring your claim moves forward.
A major development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts, which stated that anyone who sells a product is dangerous to someone else is responsible for the damages incurred by the person who sold the product. This ruling opened up the floodgates of asbestos lawsuits.
Another breakthrough was the discovery of secret documents which revealed that asbestos manufacturers attempted to cover up asbestos' health risks. These documents were used by plaintiffs in court to support their claims against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy it is able to set money aside in trusts that pay settlements to asbestos victims. However, the amount the company pays out in bankruptcy proceedings is minimal in comparison to the amount that could be recovered in a civil lawsuit.
Unfortunately asbestos defendants are also often known to employ "experts" who aid them in court by conducting and publishing research that was paid for by the asbestos industry. This was a deliberate attempt to undermine the scientific consensus that asbestos exposure in any form can lead to mesothelioma.
Suits Types
Many people who suffer from mesothelioma or other asbestos-related diseases didn't realize they were exposed to the toxic substance. Unfortunately, some of the companies that made asbestos-containing products knew its risks and put profit over the health of their customers, but did not communicate this information with the general public. If you or someone you love has been diagnosed with an asbestos-related illness, you can make a claim against the business responsible for your exposure and access compensation from an asbestos trust fund.
Asbestos lawsuits are civil suits, which also include cases involving personal injury as well as breach of contract. A judge is the judge in these cases, and the parties may file motions and other pleadings in the duration of the 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. Personal injury lawsuits are usually filed within three years of the date when the victim first starts experiencing symptoms. There are special rules for mesothelioma-related cases. Because mesothelioma symptoms typically do not show until decades after exposure to asbestos. This is why that the victims and their families require the assistance of a mesothelioma lawyer to ensure that they complete their claim in time.
Asbestos sufferers are in a unique position. The majority of personal injury claims are based on injuries or accidents. The law views mesothelioma and other asbestos-related illnesses as resulting from "disability," meaning that patients may not be aware or be aware of the severity of their symptoms until they've already suffered an extensive loss. This is why asbestos statutes of limitations include 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 victim or deceased. New Rochelle asbestos lawyer is due to the fact that some states have an extended statute of limitations than others. In such cases, it is important to have a mesothelioma attorney that knows the appropriate jurisdiction and can help victims file in the right location.
Medical documentation and reports relating to the diagnosis of an asbestos disease or cancer are also important in determining when the time limit for a statute of limitations starts. An attorney for mesothelioma may review the asbestos-related work history of asbestos victims to identify possible locations where asbestos exposure may have occurred.
In the end, it is important to remember that statutes of limitation may differ depending on the type of claim and the asbestos employer or manufacturer. This is due to the fact that many asbestos producers have closed their businesses or have been sold to other companies. As such, victims must be prepared to sue multiple parties to get maximum compensation for asbestos-related diseases and injuries. A mesothelioma attorney can review the different kinds of claims that can be filed by victims and help them decide which defendants to include in their lawsuit.
Jury Verdicts
A judge or jury awards compensation to asbestos victims. The amount of the verdict may be higher or lower than the settlement agreement that was reached between the victim and company.
Asbestos litigation often involves multiple defendants. Attorneys representing plaintiffs are seeking justice for victims by pursuing the highest amount of money from defendants who have contributed to the exposure of their clients to asbestos. It is crucial to employ lawyers who have experience with asbestos and know how to explain technical and complex issues to laymen in a manner that is easy to comprehend.
In recent years the most significant jury verdicts in asbestos cases have been based on multi-district litigation. In this type of litigation, there are multiple cases consolidated for trial in one venue. This allows for economies of scale and a simpler procedure for both parties and allows the jury to be able to see consistency in the results.
One issue that may arise in multi-district litigation is the "state of the current" defense, which states that a manufacturer isn't accountable for damages resulting from exposure to an item unless it was known at the time of sale that the product posed danger, or in the alternative, a buyer could have uncovered such information through an appropriate investigation. The Restatement (Second) of Torts, Section 402A Comment j, lays out the legal standard.
Mesothelioma can be a more serious cancer that can be found after an asbestos victim has been suffering from an illness that is less severe such as asbestosis. Since the symptoms of mesothelioma may be similar to other breathing ailments, it is important for our asbestos lawyers to engage medical experts who can distinguish the two diseases and prove that the mesothelioma is directly linked to the asbestos exposure.
In the year 2019 Kazan McClain Satterley & Greenwood secured a $12 million verdict against Johnson & Johnson and Colgate-Palmolive for a worker who passed away from mesothelioma. The verdict of the jury in favor of the victim and husband was significantly higher than previous verdicts in this instance. This is despite the defense that the worker's exposure to asbestos increased her risk of lung cancer as a result of smoking.