How to File an Asbestos Lawsuit
When a lawyer for a victim file an asbestos lawsuit, the defendants have 30 days to respond. Most will deny the allegations and may offer a settlement prior to the trial begins.
However it is true that a verdict in a trial usually yields higher awards than settlement offers or trust fund claims. Patients should always seek out a national law firm with experience handling mesothelioma cases.
The History of Asbestos Litigation
Asbestos is a naturally occurring fibrous material that can cause a wide variety of health issues. Asbestos was used in a wide range of products from the mid-1970s due its durability, fire retardant properties and low price. Asbestos consumption peaked 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 several types of cancer respiratory diseases, as well as mesothelioma. Asbestos litigation has been the longest-running mass injury in American history.
Asbestos lawsuits are a result of the fact that asbestos exposure can cause serious and debilitating health conditions, such as mesothelioma. It is a serious lung condition that can develop over time. The manufacturers knew that asbestos was risk to both workers and consumers, however they did not make it clear. As a result, asbestos victims are able to get compensation from the producers of the dangerous products.
Defense attorneys in asbestos lawsuits employ a variety of strategies to avoid paying compensation. This includes filing frivolous motions hoping that you will die before your case is decided or give up. Our mesothelioma lawyers are skilled in stopping such attempts and ensuring that your claim gets 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 is unreasonably risky to others is liable for damages incurred by the person who sold the product. This ruling opened the floodgates to asbestos lawsuits.
Another development was the discovery of hidden documents that revealed asbestos companies tried to cover up the health hazards of asbestos. 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, it can set money aside in trusts that provide settlements to asbestos victims. However, the amount that an organization pays in bankruptcy proceedings is small when compared to the amount that can be recovered in a civil suit.
Unfortunately, asbestos defendants have also been known to employ "experts" who would assist them defend their cases in court by conducting research and publishing papers supported by the asbestos industry. This was an obvious attempt to discredit the scientific consensus that exposure to asbestos in any form could cause mesothelioma.
Suits of different types
Many people who develop mesothelioma or asbestos-related diseases did not realize they were exposed substances. Unfortunately, some of the companies that produced asbestos-containing products knew its risks and put profits ahead of human life, but did not disclose this information with the general public. If you or someone close to you has been diagnosed with asbestos-related disease, you may 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. A judge hears these cases, and the parties may file motions and other pleadings during the duration of the litigation.
Statute of Limitations
The statute of limitations for asbestos or the time period to bring a lawsuit against someone who is negligent, varies from state to state. Personal injury lawsuits are usually filed within three years from when a victim first experiences symptoms. Particular rules are in place for mesothelioma situations. This is because mesothelioma symptoms typically do not show until years after exposure to asbestos. This is the reason why patients and their families require the help of an experienced mesothelioma attorney to ensure they file a claim in time.
Although the majority of personal injury cases result from injuries or accidents, asbestos victims face a unique situation. Mesothelioma, asbestos-related illnesses and other diseases are classified by law as "disability." Bolingbrook asbestos attorneys means that patients may not be aware of or comprehend their symptoms until after they have suffered a significant loss. This is why asbestos statutes provide for a longer period of discovery to take into account the time period between exposure and the first onset of symptoms.
The location of the injured or the deceased may also determine the time frame for an asbestos case. This is due to the fact that some states have the statute of limitations longer than others. In such cases, an attorney who is knowledgeable about the appropriate jurisdiction and who can work with the victims to file their claims in the appropriate location is crucial.
Medical records and reports that correspond to the diagnosis of asbestos disease or cancer are also essential in determining the time when a time limit for a statute of limitations starts. A mesothelioma lawyer can look over the asbestos victim's employment history to find potential places of asbestos exposure.
It is important to note that the time period for a statute of limitations may differ based on the type of claim, or even by the asbestos manufacturer or employer. This is due to the fact that many asbestos producers have shut down their businesses or sold to other companies. As a result, victims need to be prepared to sue several parties to ensure they receive the maximum compensation for their asbestos-related injuries and illnesses. A mesothelioma lawyer can go over the various kinds of claims that can be filed by a victim and help them identify the defendants they should name in their lawsuit.
Jury Verdicts
A jury or judge award compensation to asbestos victims. The amount of the verdict could be greater or less than the settlement agreement negotiated between the company and the plaintiff.
Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims by seeking the maximum recovery possible from the defendants who contributed to their clients' exposure to asbestos. To maximize the chances of winning, it is essential to have lawyers who are familiar with asbestos and who know how to present complicated and technical issues in a manner that is easy for a average person to comprehend.
In recent years, the most significant jury verdicts in asbestos cases have been in multi-district litigation, in which there are multiple cases that are consolidated for trial in a single venue. This allows for economies of scale and a simpler process for both parties, and also allows jurors to see a consistent pattern in the results.
The "state of the art" defense is one issue that can arise during multi-district litigation. This defense states that a manufacturer cannot be held accountable for damages if they knew at the time of purchase that the product was dangerous or alternatively, a seller could have discovered this information by making an informed inquiry. The standard is set by the Restatement (Second), Section 402A Comment j.
Most often, asbestos victims has suffered from other illnesses like asbestosis before developing the more serious cancer mesothelioma. As the symptoms of mesothelioma resemble other breathing disorders, it is vital that our asbestos lawyers work with medical experts to differentiate between the two diseases.
Kazan McClain Satterley & Greenwood has, for instance, won a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of the worker who died from mesothelioma. The jury's verdict for the victim and her husband was significantly higher than previous verdicts in this instance. This is despite the defendants ' argument that asbestos exposure increased the risk of lung cancer as a result of smoking.