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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. Most will deny the allegations and may offer a settlement before the trial begins. A verdict in a trial usually results in higher awards than trust fund claims or settlement offers. Patients should choose a law firm that has experience in handling mesothelioma claims. History of Asbestos Litigation Asbestos, a mineral that is fibrous that is found in nature, can cause health issues in a variety of ways. Due to its durability and fire-retardant abilities, as well as its low cost, asbestos was utilized in a variety of products up to the mid-1970s. Asbestos use soared in the United States during this time and is still present in many older structures and buildings across America. Asbestos has been linked to mesothelioma, lung diseases and a variety of cancer. Asbestos litigation is the longest-running mass tort in the country's history. Asbestus lawsuits stem from fact that exposure to asbestos could cause severe and debilitating medical illnesses, including mesothelioma which is a deadly lung disease that can take years to develop. Manufacturers knew asbestos could pose a danger to consumers and workers, but they did not disclose it. Because of this, asbestos-related victims can get compensation from the manufacturers. Defense lawyers in asbestos lawsuits employ a variety strategies to avoid paying compensation. This can include filing frivolous motions and hoping that you will die or give up before your case is resolved. However, our mesothelioma lawyers are skilled in thwarting these attempts and ensuring your claim moves forward. The publication of The Restatement of the Law of Torts in 1965 was a significant step for asbestos litigation. It declared that anyone who sells an item to another person that is unreasonably hazardous will be liable for any damage that are suffered by that other person. This ruling opened up the floodgates for asbestos lawsuits. A second development was the discovery hidden documents which revealed that 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 bankrupt and declares bankruptcy, it can put funds aside in trusts to provide settlements to asbestos victims. The amount a business pays to file for bankruptcy is only a fraction of what it could recover in a civil suit. However St. Joseph asbestos lawyers have been known to contract “experts” who would help them defend their cases in court by conducting research and submitting papers supported by the asbestos industry. This was a clear attempt to undermine the scientific consensus that exposure to asbestos in any form could lead to mesothelioma. Suits Types Many people who suffer from mesothelioma or other asbestos-related diseases did not realize they were exposed to the dangerous substance. Unfortunately, a few companies that manufactured asbestos-containing products were aware of the risks and put profits ahead of the health of their customers, but did not communicate this information with the public. If you or someone near you has been diagnosed with asbestos-related disease, you can bring a lawsuit against the company responsible and receive compensation from an asbestos trust. Asbestos lawsuits fall under civil suits. They may also involve personal injury or breach of contract. A judge hears these cases, and parties can submit motions and other pleadings during the course of litigation. Statute of Limitations The asbestos statute of limitation, or the time limit to file a lawsuit against someone who is negligent is different from state to state. Personal injury cases are generally filed within three years from the date when a victim first experiences symptoms. In mesothelioma-related cases, however, special rules apply. This is because mesothelioma symptoms typically do not show until decades after exposure to asbestos. It is for this reason that victims and their families need the help of mesothelioma attorneys to ensure they file their claim on time. While most personal injury claims involve accidents or injuries, asbestos victims face an unusual situation. The law regards 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 have already suffered an extensive loss. This is why asbestos statutes of limitation have an extended discovery rule to account for the delay between the time of exposure and the first appearance of symptoms. The location of the injured or the deceased may also affect the statute of limitation for asbestos cases. Some states have a longer duration of time to file a claim than other. In these cases, a mesothelioma lawyer who knows the appropriate jurisdiction and who can work with the victims to file a claim in that location is essential. Medical documentation and reports corresponding to the diagnosis of asbestos-related cancer or disease are also crucial in determining when the time limit for a statute of limitations starts. A mesothelioma lawyer may review the asbestos victim's work history to find potential places of asbestos exposure. In the end, it is important to keep in mind that the statute of limitations can vary by kind of claim, and even the asbestos employer or manufacturer. Many asbestos manufacturers have closed or been sold to another company. To get the most compensation for asbestos-related illnesses or injuries, victims will require preparation to make multiple lawsuits. A mesothelioma lawyer can help victims identify the most appropriate defendants to sue by reviewing different kinds of claims. Jury Verdicts The asbestos victims are awarded compensation by a jury or judge. The amount of the verdict can be greater or smaller than a settlement agreement reached by the victim and company. Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims by seeking the highest amount of compensation possible from the defendants responsible for their clients exposure to asbestos. To maximize the chances of winning, it is important to have lawyers who are familiar with asbestos and know how to present complicated and technical issues in a way that is easy for the average person to comprehend. In recent years the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, where there are multiple cases consolidated for trial in a single venue. This allows for economies of scale and an easier process for both sides. It also allows the jury to be able to compare results. One issue that could arise in multi-district litigation is the “state of the art” defense, which states that a manufacturer is not liable for damages caused by exposure to the product in the event that it was discovered at the time of the sale that the product could pose risk or, in the alternative, a seller could have discovered such information through an appropriate inquiry. The Restatement (Second) of Torts, Section 402A Comment j, sets out the norm. Often, an asbestos victim will have suffered from other illnesses like asbestosis prior to developing the more serious cancer of mesothelioma. Because the symptoms of mesothelioma may be similar to other breathing ailments, it is important for our asbestos lawyers to retain medical experts who can distinguish the two illnesses and prove that mesothelioma is linked to the asbestos exposure. For example, in 2019 Kazan McClain Satterley & Greenwood secured a $12 million verdict against Johnson & Johnson and Colgate-Palmolive for a worker who died from mesothelioma. The verdict of the jury for the victim and husband was significantly higher than the previous verdicts in this case. This is despite the defendants arguing that the worker's exposure to asbestos increased the risk of lung cancer due to her smoking.