How to File an Asbestos Lawsuit
Once a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. The majority of them will deny the allegations and offer a settlement prior to the trial starts.
However the verdict of a trial typically will result in higher payouts than settlement offers or trust fund claims. Patients should always seek out a law firm in the nation with experience in handling mesothelioma cases.
History of Asbestos Litigation
Asbestos is an naturally occurring fibrous mineral that can trigger a wide range of health issues. Asbestos was utilized in a myriad of products until the mid-1970s due its durability, fire-resistant properties and low price. In the mid-1970s asbestos usage in the United States peaked. It is still present in a variety of older buildings and structures in America. Asbestos has been linked to various types of cancer respiratory diseases, as well as mesothelioma. Asbestos litigation is the longest-running mass tort in the country's history.
Asbestos lawsuits are a result of the fact that exposure to asbestos can cause serious and debilitating health issues, like mesothelioma. This is a deadly lung condition that can develop over time. The manufacturers knew that asbestos was risk to both workers and consumers, however they didn't disclose it. As a result asbestos victims are able to get compensation from the producers of the dangerous products.
Plaintiffs in asbestos lawsuits employ various tactics to avoid paying out compensation. This usually involves filing frivolous motions and hoping that you will pass away or surrender before your case is settled. However, our mesothelioma attorneys are adept at thwarting these efforts and ensuring that your claim is moved forward.
The publication of The Restatement of the Law of Torts in 1965 was a significant step for asbestos litigation. It stated that anyone who sells an item to another person that is unreasonably hazardous can be held accountable for any damages which are suffered by the other person. This ruling opened the floodgates to asbestos lawsuits.
Another interesting development was the uncovered of secret documents which revealed that asbestos manufacturers attempted to hide asbestos's health risks. These documents were used in court to strengthen the lawsuits brought by plaintiffs against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankrupt and declares bankruptcy, it can put money aside in trusts that provide settlements to asbestos victims. The amount a business pays to file for bankruptcy is a small fraction of what it would recover in a civil suit.
Unfortunately, asbestos defendants have also been known to hire "experts" who helped them defend their case in court by conducting research and publishing papers that were supported by the asbestos industry. This was an obvious attempt to discredit the scientific consensus that exposure to asbestos in any form can lead to mesothelioma.
Suits Types
Many people who develop mesothelioma or asbestos-related illnesses did not know they were exposed to harmful substances. 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 share the information with the public. If you or someone you know has been diagnosed with an asbestos-related illness you can make a claim against the business responsible for your exposure and receive compensation from an asbestos trust fund.
Asbestos lawsuits are civil actions that also cover cases involving personal injury as well as breach of contract. A judge hears these cases, and the parties can make motions and other pleadings in the duration of the litigation.
Statute of Limitations
The asbestos statute of limitations or time period for filing a lawsuit against a negligent party is different for each state. In general, personal injury lawsuits must be filed within a three-year window from the date that a victim's symptoms first appear. Particular rules are in place for mesothelioma cases. Mesothelioma is a rare illness that typically does not show symptoms until decades after asbestos exposure. This is why that victims and their families require the assistance of mesothelioma lawyers to ensure they submit their claims on time.
Asbestos victims are in a unique situation. Most personal injury cases involve injuries or accidents. The law views mesothelioma and other asbestos-related illnesses as resulting from "disability," meaning that victims might not know of or understand the severity of their ailments until they have already suffered an extensive loss. This explains why asbestos statutes of limitations have an extended discovery rule to account for the delay between the dates of exposure and the first appearance of symptoms.
The location of the injured or the deceased can also determine the time frame for an asbestos case. This is because certain states have a longer statute of limitations than others. In such cases, an attorney for mesothelioma who is aware of the proper jurisdiction and can work with the victims to file their claims in the appropriate location is crucial.
Documentation and reports that correspond to the diagnosis of asbestos cancer or disease are crucial in determining when the statute of limitations starts. An attorney for mesothelioma can look over the asbestos-related work history of asbestos victims to determine the possible places where asbestos exposure may have occurred.
It is important to note that the time limit for filing a claim can vary depending on the type of claim, or even by the asbestos manufacturer or employer. Many asbestos manufacturers have closed or sold to a different company. Therefore, asbestos victims must be prepared to sue several parties in order to receive maximum compensation for their asbestos-related illnesses and injuries. A mesothelioma lawyer will help victims choose the most suitable defendants for their lawsuit by reviewing different kinds of claims.
Jury Verdicts
A jury or judge award compensation to asbestos victims. The amount of the verdict can be greater or smaller than a settlement agreement signed by the victim and company.
Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for the victims by seeking the highest amount of money from defendants who contributed to expose their clients to asbestos. It is important to hire lawyers who have experience with asbestos and know how to explain complex and technical issues to laymen in a way that is easy to understand.
In recent years, the largest jury verdicts in asbestos cases came from multi-district litigation. This is when multiple cases are consolidated and argued in one location. This allows for economies of scale and an easier process for both sides. It also allows jurors to observe a consistent outcome.
One issue that could arise in multi-district litigation is the "state of the current" defense that states that a manufacturer is not accountable for damages resulting from exposure to an item unless it was evident at the time of sale that the product posed risk or, in the alternative, a buyer could have discovered such information through a reasonable inquiry. Ontario asbestos attorneys (Second) of Torts, Section 402A, Comment j, provides the norm.
A lot of times, an asbestos victim will have suffered from an illness that is less severe, such as asbestosis before acquiring the more serious cancer of mesothelioma. As the symptoms of mesothelioma resemble other breathing diseases, it is essential that our asbestos lawyers work with medical experts to distinguish between the two diseases.
Kazan McClain Satterley & Greenwood, for example, secured a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. The jury's verdict for the victim and her husband was considerably higher than previous verdicts for this case, despite the defense of the defendants that the worker's smoking increased the risk of lung cancer from her asbestos exposure.