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How to File an Asbestos Lawsuit When a lawyer for a victim is able to file an asbestos lawsuit the defendants have 30 days to respond. The majority of defendants deny the allegations and offer a settlement before the trial starts. A verdict in a trial usually will result in more awards than trust fund claims or settlement offers. Patients should choose an attorney firm with experience in handling mesothelioma claims. History of Asbestos Litigation Asbestos is a naturally occurring fibrous material that can cause a wide variety of health problems. Due to its strength, fire-retardant capabilities and low cost, asbestos was utilized in numerous products until the mid-1970s. At this point asbestos use in the United States peaked. It is still found in many older buildings and structures in America. Asbestos is associated with mesothelioma, lung diseases and a variety of cancer. Asbestos litigation is the longest-running mass injury in American history. Asbestus lawsuits are based on the fact that exposure to asbestos can cause severe and debilitating health illnesses, including mesothelioma which is a life-threatening lung disease that can take years to develop. The manufacturers knew that asbestos was a danger to workers and consumers, but they didn't disclose it. As a result asbestos victims are able to claim compensation from the makers of these dangerous products. Plaintiffs in asbestos lawsuits employ different strategies to avoid paying compensation. This could include filing frivolous motions hoping that you die before your case is decided or give up. However, our mesothelioma lawyers are adept at thwarting such efforts and ensuring your claim moves forward. One of the most significant developments in asbestos litigation was the publication of The Restatement of the Law of Torts, which stated that anyone who sells a product which is unreasonably dangerous to someone else is responsible for the damages incurred by the person who sold the product. This ruling opened the floodgates for asbestos lawsuits. Another breakthrough was the discovery of secret documents that revealed that asbestos companies tried to hide asbestos's dangers. These documents were used in court to strengthen the lawsuits brought by plaintiffs against asbestos companies. Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy, it is able to set aside money in trusts that specifically provide settlements to asbestos victims. Carrollton asbestos lawyer that a company has to pay to file for bankruptcy is a small fraction of what it would be able to recover in a civil suit. Unfortunately, asbestos defendants are also often known to employ “experts”, who would assist them in court by publishing and conducting research that was supported by asbestos companies. This was a clear effort to undermine the scientific consensus that exposure to asbestos in any form could cause mesothelioma. Types of Suits Many people who suffer from mesothelioma or asbestos-related diseases did not realize they were exposed to toxic substances. Unfortunately, some of the companies that produced asbestos-containing products were aware of the risks and put profits over the health of their customers, but did not share this information with the public. If you or someone you love has been diagnosed with an asbestos-related disease, 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 civil actions, which also include cases involving personal injury and breach of contract. A judge hears these cases, and parties may file motions and other pleadings in the duration of the litigation. Statute of limitations The asbestos statute of limitation, or time limit for filing an action against a negligent party is different for each state. In general, personal injury lawsuits must be filed within a three-year window from the time the symptoms of a victim first manifest. Special rules apply in mesothelioma-related cases. 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 families need the help of an experienced mesothelioma lawyer to ensure that they file a claim in time. While the majority of personal injury claims involve accidents or injuries asbestos victims are in unique circumstances. 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've already suffered an extensive loss. This is why asbestos laws have an extended discovery period to take into account the time period between exposure and first signs. The place of the person who was injured or the deceased can also affect the statute of limitation for an asbestos case. Certain states have a longer duration of limitation than other. In these situations it is essential to find a mesothelioma lawyer who is familiar with the proper jurisdiction and that can assist victims to submit their claims in the right place. Documentation and reports relating to the diagnosis of asbestos cancer or a disease are crucial in determining the time when the statute of limitations begins. An attorney for mesothelioma may review the asbestos victims' work history to identify possible locations where asbestos exposure may have occurred. In the end, it is important to remember that the statute of limitations can differ depending on the type of claim and even the asbestos manufacturer or employer. Many asbestos producers have closed or been sold to a different company. In order to receive the most amount of compensation for asbestos-related diseases or injuries, the victims need to be prepared to bring multiple lawsuits. A mesothelioma lawyer can help victims choose the most suitable defendants for their lawsuit by analyzing different types of claims. Jury Verdicts A jury or judge awards compensation to asbestos victims. The amount of the verdict could be greater or less than the settlement agreement negotiated between the victim and 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 being exposed to asbestos. To increase the odds of winning, it's essential to have attorneys who are well-versed in asbestos and know how to present complex and highly technical issues in a way that is easy for a lay person to understand. In recent years, the most significant jury verdicts in asbestos cases were in multi-district litigation. This is where several cases are consolidated and tried in one place. This allows for economies of scale as well as a more streamlined procedure for both parties. 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 cannot be held liable for damages caused by exposure to an item unless it was known at the time of the sale that the product could pose a danger or, in the alternative, a buyer might have discovered this information through a reasonable inquiry. The Restatement (Second) of Torts, Section 402A Comment j, lays out the standard. Mesothelioma is a more serious cancer that can develop after an asbestos victim has been suffering from a less serious illness such as asbestosis. Because the symptoms of mesothelioma may be similar to other breathing ailments and conditions, it is crucial for our asbestos lawyers to have medical experts who can differentiate the two diseases and demonstrate that mesothelioma is linked to the asbestos exposure. For instance, in the year the year 2019, Kazan McClain Satterley & Greenwood secured a $12 million verdict against Johnson & Johnson and Colgate-Palmolive for a worker who passed away from mesothelioma. The jury's award for the victim and her husband was significantly more than the previous verdicts in this case, despite defense that smoking cigarettes increased the risk of developing lung cancer due to asbestos exposure.