20 Things That Only The Most Devoted Lawsuit Asbestos Fans Know
How to File an Asbestos Lawsuit
The defendants have 30 calendar days to respond once the attorney for the victim file an asbestos lawsuit. The majority of them will contest the allegations and offer a settlement prior to the trial starts.
However it is true that a verdict in a trial usually yields higher awards than settlement offers or trust fund claims. Patients should seek out an attorney firm with expertise in handling mesothelioma lawsuits.
The history of Asbestos Litigation
Asbestos is a naturally occurring fibrous mineral that can cause a broad range of health issues. Asbestos was used in a myriad of products up until the mid-1970s due to its durability, fire retardant properties, and its low cost. During this time asbestos usage in the United States peaked. It is still present in many older buildings and structures in America. Asbestos has been linked to different types of cancers, respiratory conditions, and mesothelioma. Asbestos litigation is the longest-running mass tort in the country's history.
Asbestos lawsuits arise out of the fact that exposure to asbestos can lead to debilitating and serious health issues, like mesothelioma. This is a deadly lung condition that can develop over the course of time. When asbestos was used, the makers were aware of the dangers it presented to consumers and workers, but did not disclose this information. Due to this, asbestos victims may get compensation from the manufacturers.
Defendants of asbestos lawsuits use various tactics to avoid paying compensation. This could include filing frivolous motions in the hope that you die before your case is settled or even give up. Our mesothelioma lawyers are proficient in stopping such attempts and ensuring that your claim is taken forward.
The publication of The Restatement of the Law of Torts in 1965 was a significant step for asbestos litigation. It stated that anyone selling a product to another person who is dangerous in any way is liable for any damages that are incurred by that other person. This ruling opened the floodgates for asbestos lawsuits.
Another interesting development was the uncovered of secret documents that revealed asbestos companies tried to hide asbestos's health risks. These documents were used in court to strengthen claims brought by plaintiffs against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a business declares bankruptcy, it can set aside money in trusts with special provisions that provide settlements to asbestos victims. The amount a business pays to file for bankruptcy is a small fraction of what it could get in a civil lawsuit.
However asbestos defendants are also often known to employ "experts" who assist them in court by publishing and conducting research that was funded by the asbestos industries. This was an attempt to undermine the research-based evidence that asbestos exposure of any kind could lead to mesothelioma.
Suits Types
Many people who develop asbestos-related diseases or mesothelioma did not know they were exposed substances. Unfortunately, some of the companies that manufactured asbestos-containing products were aware of the risks and put profits over human life, but they did not disclose this information with the public. If you or someone close to you has been diagnosed with asbestos-related illness, you can bring a lawsuit against 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. These cases are ruled on by an adjudicator, and parties can make motions or other pleadings during the litigation.
Statute of Limitations
The asbestos statute of limitation or the time frame for filing a lawsuit against a negligent party varies by state. In general, personal injury lawsuits must be filed within a period of three years from the time a victim's symptoms first appear. Particular rules are in place for mesothelioma-related cases. The reason for this is that mesothelioma-related symptoms typically do not show until decades after exposure to asbestos. This is the reason why patients and their families need the help of an experienced mesothelioma attorney to ensure they make a claim on time.
Asbestos victims are in a unique situation. Most personal injury claims deal with accidents or injuries. Mesothelioma, asbestos-related illnesses and other diseases are classified by law as "disability." This means that the victims might not be aware of or comprehend their symptoms until they have suffered a significant loss. lawsuits asbestos explains why asbestos statutes of limitations have an extended discovery rule to account for the time between the dates of exposure and the initial manifestation of symptoms.
Another factor that affects the time limit for an asbestos case is the location of the person who was injured or deceased. Certain states have a longer period of limitation than others. In such cases, an attorney who is knowledgeable about the right jurisdiction and can assist the victims to file their claims in that location is essential.
Medical documentation and reports corresponding to the diagnosis of asbestos disease or cancer are also crucial in determining when the statute of limitations begins. A mesothelioma lawyer will look over the asbestos victim's employment background to determine the potential areas where asbestos exposure may have occurred.
Finally, it is important to keep in mind that statutes of limitation may differ based on the kind of claim, and even the asbestos employer or manufacturer. This is because a lot of asbestos producers have closed their operations or been sold to other businesses. As a result, victims need to be prepared to sue multiple parties to ensure they receive the maximum compensation for asbestos-related diseases and injuries. A mesothelioma attorney can review the different types of claims for victims and help them identify the defendants they should name in their lawsuit.
Jury Verdicts
The asbestos lawsuit victims are awarded compensation by a jury or judge. The amount of the award may be higher or lower than a settlement deal reached between the victim and the company.
Asbestos litigation often involves multiple defendants. Plaintiffs' attorneys are seeking justice for victims by seeking the maximum amount of compensation from defendants who have contributed to the exposure of their clients to asbestos. To maximize the chances of winning, it is essential to have lawyers who are knowledgeable about asbestos and know how to present complex and highly technical issues in a manner that is easy for the average person to comprehend.
In recent years, the most significant jury verdicts in asbestos cases have been based on multi-district litigation, where there are multiple cases that are consolidated for trial in a single venue. This allows for economies of scale as well as a more streamlined procedure for both parties. It also allows the jury to observe a consistent outcome.
One issue that could arise in multi-district litigation is the "state of the state of the art" defense that states that a manufacturer cannot be held responsible for any damages resulting from exposure to an item unless it was evident at the time of sale that the product posed a danger or, in the alternative, a seller could have uncovered such information through an appropriate inquiry. The Restatement (Second) of Torts, Section 402A Comment j, sets out the standard.
Mesothelioma is a more serious cancer that can be found after an asbestos victim has had an illness that is not as serious, such as asbestosis. Because the signs of mesothelioma can be similar to other breathing ailments and conditions, it is crucial for our asbestos lawyers to retain medical experts who can distinguish the two diseases and prove that mesothelioma is linked to the asbestos exposure.
Kazan McClain Satterley & Greenwood, for example, secured a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of the worker who died from mesothelioma. The jury's award for the victim and her husband was considerably higher than previous verdicts in this case, despite the defendants' argument that the worker's smoking increased the risk of developing lung cancer as a result of her exposure to asbestos.