How to File an Asbestos Lawsuit
The defendants have 30 calendar days to respond after a victim's attorney is able to file an asbestos lawsuit. The majority of them will contest the allegations and offer a settlement prior to the trial starts.
However, a trial verdict typically will result in higher payouts than settlement offers or trust fund claims. Patients should always choose a law firm in the nation with experience in handling mesothelioma cases.
History of Asbestos Litigation
Asbestos is a naturally occurring fibrous mineral that can cause a broad variety of health problems. Due to its strength and fire-retardant properties, as well as its low cost, asbestos was utilized in numerous products until the mid-1970s. Asbestos usage soared in the United States during this time and continues to be present in many older buildings and structures across America. Asbestos is associated with mesothelioma and lung conditions, and several types of cancer. Asbestos lawsuits have been the longest-running mass injury in the history of America.
Asbestus lawsuits are based on the fact exposure to asbestos can cause serious and debilitating medical diseases, such as mesothelioma which is a fatal lung disease that can take decades to develop. When asbestos was used, manufacturers were aware of the dangers it could pose to both consumers and workers but did not disclose this information. As a result of this, asbestos victims can seek compensation from the manufacturers.
Defendants of asbestos lawsuits use various strategies to avoid paying out compensation. This includes filing frivolous motions with the intention that you will die before your case is decided or even give up. Our mesothelioma lawyers are proficient in stopping such attempts and ensuring that your claim is moved forward.
The most significant development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts, which stated that anyone who sells a product which is unreasonablely risky to others is liable for damages incurred by that person. This ruling opened the floodgates to asbestos lawsuits.
Elk Grove asbestos lawsuit was the uncovered of hidden documents that revealed asbestos manufacturers 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. When a business declares bankruptcy, it can put money aside in trusts with special provisions that pay out settlements to asbestos victims. However, the amount a company pays in bankruptcy proceedings is small compared to what could be obtained in a civil lawsuit.
Unfortunately asbestos defendants have been known to hire "experts" who helped them defend their case in court by conducting research and submitting papers funded by the asbestos industry. This was an attempt to undermine the research-based evidence that asbestos exposure in any form can cause mesothelioma.
Suits Types
Many people who develop mesothelioma or asbestos-related diseases did not realize they were exposed to toxic substances. Some companies that manufactured asbestos-containing products were aware of the risks, but chose to prioritize profits over the life of a human being. They did not divulge the information with the public. If you or someone you care about has been diagnosed with an asbestos-related illness you may make a claim against the business responsible for your exposure and receive compensation from an asbestos trust fund.
Asbestos lawsuits are civil suits. They may also involve personal injury or breach of contract. These cases are argued by a judge, and parties can make motions or other pleadings during the litigation.
Statute of limitations
The asbestos statute of limitations or time period for filing lawsuits against a negligent person, differs by state. In general, personal injury cases must be filed within a three-year window from the time the victim's symptoms first begin to manifest. There are special rules for mesothelioma situations. This is because mesothelioma symptoms usually do not manifest until decades after exposure to asbestos. This is why victims and their families need the assistance of an experienced mesothelioma lawyer in order to make a claim on time.
While most personal injury claims result from injuries or accidents, asbestos victims face a unique situation. Mesothelioma and asbestos-related diseases as well as other illnesses are considered by the law as "disability." This means that patients may not be aware of or comprehend their symptoms until they have suffered a significant loss. This is why asbestos laws have a longer discovery period to take into account the time period between exposure and first symptoms.
Another factor that affects the time limit for asbestos cases is the location of the victim or deceased. Some states have a longer period of limitation than other. In these instances, an attorney for mesothelioma who is aware of the appropriate jurisdiction and who is able to work with the victims to file in that location is essential.
Documentation and reports that relate to the diagnosis of asbestos cancer or disease are also crucial when determining the time when the statute of limitations begins. An attorney for mesothelioma can look over the asbestos victims' work history to determine the possible places where asbestos exposure may have occurred.
It is important to know 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. Many asbestos manufacturers have either closed or been sold to another company. In order to receive the maximum amount of compensation for asbestos-related diseases or injuries, the victims require preparation to file multiple lawsuits. A mesothelioma lawyer can assist victims determine the best defendants to sue by analyzing various kinds of claims.
Jury Verdicts
A judge or jury awards compensation to asbestos victims. The amount of the award could be higher or less than a settlement agreement reached by the victim and company.
Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims by pursuing the highest amount of compensation possible from the defendants who contributed to their clients being exposed to asbestos. It is important to hire lawyers who have experience with asbestos and are able to explain technical and complicated issues to laymen in a way that is simple to comprehend.
In recent years the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, in which the cases are combined to be tried in one location. This allows for economies-of-scale and a more streamlined procedure for both sides. It also allows jurors to see consistency of results.
The "state of the art" defense is one issue that may arise in multi-district litigation. This defense says that a manufacturer is not liable for damages when they knew at the time of purchase that the product was dangerous or, alternatively, a seller could have discovered this information by conducting a reasonable inquiry. The Restatement (Second) of Torts, Section 402A Comment j, sets out the standard.
Often, an asbestos victim has suffered from an illness that is less severe, such as asbestosis before developing the more serious cancer mesothelioma. Because the signs of mesothelioma are similar to other breathing ailments, it is important for our asbestos lawyers to have medical experts who can differentiate the two diseases and prove that mesothelioma is related to the asbestos exposure.
For example, in 2019, Kazan McClain Satterley & Greenwood won a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who passed away from mesothelioma. The verdict of the jury for the husband and victim was significantly higher than previous verdicts in this instance. This was despite defense that the worker's exposure to asbestos increased her risk of developing lung cancer because of her smoking.