How to File an Asbestos Lawsuit
The defendants have 30 calendar days to respond after the victim's lawyer files an asbestos lawsuit. The majority of them will deny the allegations and may offer a settlement prior to the trial begins.
However, a trial verdict typically yields higher awards than settlement offers or trust fund claims. Patients should always choose an attorney firm that has national experience handling mesothelioma cases.
History of Asbestos Litigation
Asbestos is a naturally occurring fibrous material that can cause a broad range of health issues. Asbestos was used in a wide range of products from the mid-1970s due its strength, fire-resistant properties, and its low cost. Asbestos use soared in the United States during this time and continues to be found in a variety of older buildings and structures across America. Asbestos has been linked to several types of cancer, respiratory conditions, and mesothelioma. Asbestos litigation is the longest-running mass tort in the nation's history.
Asbestus lawsuits stem from fact exposure to asbestos can cause severe and debilitating medical diseases, such as mesothelioma which is a deadly lung disease that can take a long time to develop. Manufacturers knew asbestos could pose a danger to workers and consumers, but they didn't disclose it. Because of this, asbestos victims can get compensation from the manufacturers.
Defense attorneys in asbestos lawsuits employ a variety strategies to avoid paying compensation. This can include filing frivolous motions, 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 most significant development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts which declared that anyone who sells a product is unreasonably dangerous to someone else is liable for any damages suffered by that person. This ruling opened up the floodgates to asbestos lawsuits.
Another breakthrough was the discovery of secret documents that revealed asbestos companies tried to cover up asbestos's health risks. 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 has the option to set aside money in trusts with special provisions that offer settlements to asbestos victims. However, the amount that the company pays out in bankruptcy proceedings is minuscule when compared to the amount that can be recovered in a civil suit.
However, asbestos defendants are also often known to employ "experts" who help them defend themselves in court by conducting and publishing research supported by asbestos companies. This was a clear attempt to undermine the scientific consensus that exposure to asbestos in any form can lead to mesothelioma.
Types of Suits
Many people who develop mesothelioma or asbestos-related illnesses didn't realize they were exposed to harmful substances. Some companies that manufactured asbestos-containing products were aware the risks, but chose to prioritize profits over the lives of their customers. They did not divulge the information with the general public. If you or someone close to you has been diagnosed with asbestos-related disease, you can sue the responsible company and receive compensation from an asbestos trust.
Asbestos lawsuits fall under civil suits. They can also be a result of personal injury or breach of contract. These cases are heard by a judge, and parties can submit motions or other pleadings during the litigation.
Statute of limitations
The asbestos statute of limitation or time period for filing a lawsuit against a negligent party varies by state. Personal injury lawsuits are typically filed within three years of the date when the victim first starts experiencing symptoms. Las Cruces asbestos lawyers apply in mesothelioma situations. The reason for this is that mesothelioma-related symptoms typically do not show until years after exposure to asbestos. This is the reason why patients and their families require the assistance of a seasoned mesothelioma lawyer in order to file a claim in time.
Although the majority of personal injury cases involve accidents or injuries, asbestos victims face an unusual situation. The law regards mesothelioma and other asbestos-related illnesses as stemming from "disability," meaning that patients may not be aware of or be aware of the severity of their symptoms until they have suffered an extensive loss. This is why asbestos laws have a longer discovery period to take into account the time period between exposure and the first onset of symptoms.
Another factor that affects the time limit for an asbestos case is the location of the victim or deceased. This is because certain states have the statute of limitations longer than others. In such cases, an attorney who is knowledgeable about the proper jurisdiction and can work with the victims to file a claim in that state is crucial.
Documentation and reports that correspond to the diagnosis of asbestos cancer or a disease are also crucial when determining when the statute of limitations begins. An attorney for mesothelioma can look over the asbestos victims' work history to identify possible locations where asbestos exposure may have occurred.
It is also important to keep in mind that statutes of limitations may differ based on the kind of claim, and even the asbestos employer or manufacturer. Many asbestos manufacturers have shut down or been sold to another 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 attorney can review the different kinds of claims that can be filed by a victim and help them decide which defendants to include in their lawsuit.
Jury Verdicts
A judge or jury awards compensation to asbestos victims. The amount of the award can be greater or smaller than a settlement agreement reached between the victim and the company.
Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims by seeking the highest amount of compensation possible from the defendants who contributed to their clients exposure to asbestos. It is essential to choose lawyers who have worked with asbestos and are able to explain technical and complex issues to lay people in a manner that is easy to understand.
In recent years, the biggest 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 and a smoother process for both parties, and allows the jury to be able to see consistency in the verdicts.
One issue that may arise in multi-district litigation is the "state of the current" defense that states that a manufacturer cannot be held accountable for damages resulting from exposure to a product unless it was evident at the time of sale that the product posed danger, or in the alternative, a seller could have discovered such information through a reasonable investigation. The standard is set by the Restatement (Second), Section 402A Comment j.
Mesothelioma can be a more serious cancer that can be found after an asbestos victim has had an illness that is less severe, such as asbestosis. Because the signs of mesothelioma can be similar to those of other breathing ailments, it is important for asbestos lawyers to retain medical experts who can differentiate the two diseases and prove that the mesothelioma is directly connected to asbestos exposure.
For example, in the year 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 much higher than previous verdicts in this case. This was despite defendants ' argument that the worker's exposure to asbestos increased her risk of lung cancer as a result of smoking.