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 deny the allegations and may offer a settlement prior to the trial begins.
However the verdict of a trial typically results in higher settlement offers or trust fund claims. Patients should always hire a national law firm with experience in handling mesothelioma cases.
History of Asbestos Litigation
Asbestos, a fibrous mineral found in nature, can cause a variety of health issues. Due to its strength and fire-retardant abilities, as well as its low cost, asbestos was used in a variety of products up to the mid-1970s. Asbestos use soared in the United States during this time and continues to be present in many older structures and buildings across America. Indio asbestos lawyer is associated with mesothelioma, lung conditions and various types of cancer. Asbestos litigation has been the longest-running mass injury in American history.
Asbestus lawsuits stem from fact that exposure to asbestos could cause serious and debilitating medical illnesses, including mesothelioma which is a fatal lung disease that can take a long time to develop. Manufacturers knew that asbestos posed risk to both consumers and workers, but they didn't disclose it. As a result asbestos victims can seek compensation from the manufacturers of these dangerous products.
Defense lawyers in asbestos lawsuits employ a variety of tactics to avoid paying compensation. This includes filing frivolous motions in the hope that you will die before your case is decided or simply give up. However, our mesothelioma attorneys are adept in thwarting these attempts and ensuring your claim moves forward.
The most significant development in asbestos litigation was the publication of The Restatement of the Law of Torts which declared that anyone who sells a product is risky to others 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 asbestos manufacturers attempted to conceal the dangers of asbestos. 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 bankruptcy, it has the option to set aside money in trusts with special provisions that offer settlements to asbestos victims. The amount a business is required to pay to file bankruptcy is a small fraction of what it could recover in a civil suit.
However asbestos defendants have been known to employ "experts" who would help them defend their case in court by conducting research and publishing papers supported by the asbestos industry. This was an attempt to undermine the the scientific consensus that asbestos exposure in any form could lead to mesothelioma.
Suits Types
Many people who develop mesothelioma or other asbestos-related diseases did not realize that they were exposed to the harmful substance. Certain companies that produced asbestos-containing products were aware of the dangers however, they chose to prioritize profit over human life. They did not divulge 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 responsible for your exposure. You can also seek compensation from an asbestos trust fund.
Asbestos lawsuits are civil actions, which also include cases that involve personal injury and breach of contract. A judge decides on these cases, and parties may submit motions and other pleadings throughout the duration of the litigation.
Statute of Limitations
The asbestos statute of limitations, or time limit for filing lawsuits against a negligent party is different for each state. Personal injury cases are generally filed within three years of the date the victim first begins to experience symptoms. In mesothelioma-related cases, however, special rules apply. The reason for this is that mesothelioma-related symptoms usually don't manifest until decades after exposure to asbestos. This is why the victims and their loved ones need the help of an experienced mesothelioma lawyer to ensure that they make a claim on time.
Asbestos sufferers are in a unique position. Most personal injury cases involve injuries or accidents. Mesothelioma, asbestos-related illnesses and other diseases are classified by law as "disability." This means that victims may not be aware of or comprehend their symptoms until after they have suffered a major loss. This explains why asbestos statutes of limitations include an extended discovery rule to account for the delay between the date of exposure and the first appearance of symptoms.
The place of the person who was injured or the deceased can also affect the statute of limitation for an asbestos case. Some states have a longer period of limitation than others. In such cases, an attorney who is knowledgeable about the right jurisdiction and 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 important when determining when the statute of limitation begins. A mesothelioma lawyer can review the asbestos victim's work history to find potential places where asbestos exposure may have occurred.
It is important to note that the statute of limitations can differ based on the type of claim, and even the asbestos manufacturer or employer. Many asbestos producers have closed or sold to a different company. As such, victims must be prepared to sue several parties to ensure they receive the maximum compensation for asbestos-related injuries and illnesses. A mesothelioma lawyer can help 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 may be higher or lower than the settlement agreement that was reached between the victim and company.
Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for the victims by seeking the maximum amount of compensation from defendants who contributed to expose their clients to asbestos. To maximize the chances of winning, it's crucial to hire lawyers who are familiar with asbestos and are able to present complicated and highly technical issues in a manner that is easy for a non-specialist to comprehend.
In recent years, the most significant jury verdicts in asbestos cases came from multi-district litigation. This is when many cases are combined and argued in one location. This allows for economies of scale as well as more efficient procedures for both parties. It also allows jurors to be able to compare results.
The "state of the art" defense is a matter that can arise in multi-district litigation. This defense states that a maker cannot be held liable for damages when they knew at the time of purchase that the product was dangerous or alternatively, a seller could have uncovered this information by conducting an appropriate inquiry. The Restatement (Second) of Torts, Section 402A Comment j, sets out the norm.
Most often, asbestos victims has suffered from an illness that is less severe, such as asbestosis prior to developing the more serious cancer mesothelioma. Because the signs of mesothelioma can be similar to those of other breathing ailments that is why it is essential for our asbestos lawyers to have medical experts who can differentiate the two diseases and demonstrate that mesothelioma can be directly linked to the asbestos exposure.
Kazan McClain Satterley & Greenwood for instance, securing a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of a worker who passed away from mesothelioma. The verdict of the jury for the husband and victim was much higher than the previous verdicts in this case. This was despite defense that the worker's exposure to asbestos increased her risk of developing lung cancer as a result of smoking.