Could Lawsuit Asbestos Be The Key For 2023's Challenges?
How to File an Asbestos Lawsuit
Once a victim's lawyer file an asbestos lawsuit, the defendants have 30 days to respond. The majority of them will contest the allegations and offer a settlement before the trial starts.
However it is true that a verdict in a trial usually results in higher settlement offers or trust fund claims. Patients should choose an attorney firm with experience in handling mesothelioma claims.
The History of Asbestos Litigation
Asbestos, a mineral that is fibrous found in nature, can cause health issues in a variety of ways. Asbestos was used in a variety of products from the mid-1970s because of its durability, fire retardant properties, and its low cost. Asbestos consumption peaked in the United States during this time and continues to be found in many older buildings and structures across America. Asbestos has been linked to mesothelioma, lung conditions and a variety of cancer. Asbestos litigation is the longest-running mass injury in American history.
Asbestos lawsuits are a result of the fact that asbestos exposure can lead to serious and debilitating health issues, like mesothelioma. This is a fatal lung condition that can manifest over decades. Manufacturers knew asbestos could pose an hazard to workers and consumers, but they didn't disclose it. Therefore asbestos victims are able to claim compensation from the makers of these dangerous products.
Defendants of asbestos lawsuits use various tactics to avoid paying compensation. This usually involves filing frivolous motions and hoping that you will die or give up before your case is settled. Our mesothelioma lawyers are adept in stifling 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 hazardous to another person is responsible for the damages incurred by the person who sold the product. This ruling opened the floodgates to asbestos lawsuits.
Another development was the discovery hidden documents that revealed that asbestos companies tried to conceal asbestos's dangers. These documents were used in court to strengthen claims by plaintiffs against the asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankrupt it is able to set funds aside in trusts that provide settlements to asbestos victims. However, the amount that a company pays in bankruptcy proceedings is minuscule compared to what could be obtained in a civil lawsuit.
As a matter of fact asbestos defendants have 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 a clear attempt to discredit the scientific consensus that exposure to asbestos in any form could lead to mesothelioma.
Suits Types
Many people who develop mesothelioma or other asbestos-related diseases didn't realize they were exposed to the dangerous substance. Some companies that manufactured asbestos-containing products were aware of the risks however, they chose to prioritize profits over the lives of their customers. They didn't share the information with the public. If you or someone you know has been diagnosed with an asbestos-related condition you can file a lawsuit against the company that was responsible for your exposure. You can also seek compensation from an asbestos trust fund.
Asbestos lawsuits are considered civil suits. They can also be a result of personal injury or breach of contract. These cases are heard by a judge and parties may submit motions or other pleadings in the litigation.
Statute of Limitations
The statute of limitations for asbestos or the time period to start a lawsuit against a person who is negligent, varies from state to state. In general, personal injury cases must be filed within three years from the date that the symptoms of a victim first manifest. Particular rules are in place for mesothelioma situations. Because mesothelioma symptoms typically do not show until years after exposure to asbestos. It is for this reason that victims and their families require assistance from a mesothelioma lawyer to ensure they file their claim on time.
While most personal injury claims involve injuries or accidents asbestos victims are in an unusual situation. Mesothelioma, asbestos-related illnesses and other illnesses are considered by the law as "disability." This means that the victims might not be aware of or comprehend their symptoms until they have suffered a major loss. This is why asbestos statutes of limitations have an extended discovery rule to account for the time between the dates of exposure and the first manifestation of symptoms.
Another factor that affects the time frame for an asbestos case is the location of the injured or deceased. This is because certain states have an extended statute of limitations than others. In such cases, a mesothelioma lawyer who knows the right jurisdiction and can 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 crucial in determining when the statute of limitations starts. A mesothelioma lawyer can review the asbestos victim's work history to find potential places of asbestos exposure.
It is important to remember that the time period for a statute of limitations may differ depending on the type of claim and even the asbestos manufacturer or employer. This is because many asbestos producers have shut down their operations or been sold to other companies. Therefore, asbestos victims must be prepared to sue multiple parties in order to receive maximum compensation for their asbestos-related illnesses and injuries. A mesothelioma lawyer can assist victims choose the most suitable plaintiffs for their lawsuit by analyzing various types of claims.
Jury Verdicts
A jury or judge awards compensation to asbestos victims. The amount of the award could be higher or less than a settlement agreement signed by the victim and the company.
Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for victims by seeking the maximum amount of compensation from defendants who have contributed to the exposure of their clients to asbestos. To increase the odds of winning, it's crucial to hire lawyers who are knowledgeable about asbestos and know how to present complicated and technical issues in a way that is easy for the non-specialist to comprehend.
In asbestos class action lawsuit settlement verdicts in asbestos cases have been in multi-district litigation. In this type of litigation, there are multiple cases that are consolidated to be tried in one location. This creates economies of scale and a smoother procedure for both parties as well as allowing jurors to see a consistent pattern in the results.
One issue that can arise in multi-district litigation is the "state of the art" defense, which states that a manufacturer is not responsible for any damages resulting from exposure to an item unless it was known at the time of the sale that the product could pose risk or, in the alternative, a buyer might have discovered this information through a reasonable investigation. The standard is established by the Restatement (Second), Section 402A Comment j.
Often, an asbestos victim will have suffered from an illness that is less severe, such as asbestosis before acquiring the more serious cancer of mesothelioma. Because the symptoms of mesothelioma can be similar to other breathing ailments that is why it is essential for asbestos lawyers to have medical experts who can differentiate the two diseases and prove that mesothelioma is connected to asbestos exposure.
In the year 2019, Kazan McClain Satterley & Greenwood obtained a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who had died from mesothelioma. The jury's award for the victim and her husband was considerably higher than the previous verdicts in this case, despite defense of the defendants that the worker's smoking increased the risk of developing lung cancer from her asbestos exposure.