5 Lessons You Can Learn From Lawsuit Asbestos
How to File an Asbestos Lawsuit
The defendants have 30 calendar days to reply after a victim's attorney is able to file an asbestos lawsuit. The majority of them will deny the allegations and offer a settlement before the trial begins.
A verdict at trial typically results in higher awards than trust fund claims or settlement offers. Patients should always hire a national law firm with experience in handling mesothelioma cases.
The History of Asbestos Litigation
Asbestos is an naturally occurring fibrous mineral that can trigger a wide variety of health issues. Asbestos was used in a myriad of products from the mid-1970s because of its durability, fire retardant properties and low price. At this point, asbestos consumption in the United States peaked. It remains in a variety of older structures and buildings in America. Asbestos is linked to several types of cancer respiratory ailments, mesothelioma. Asbestos lawsuits are the longest-running mass tort in the nation's history.
Asbestos lawsuits arise out of the fact that asbestos exposure can cause serious and debilitating health issues, like mesothelioma. It is a serious lung disease that can develop over the course of time. When asbestos was used, manufacturers were aware of the dangers it posed to both consumers and workers but did not disclose this information. As a result of this, asbestos victims can claim compensation from the manufacturer.
Defendants of asbestos lawsuits use various strategies to avoid paying out compensation. This often includes filing frivolous motions, hoping you will die or give up before the case is settled. However, our mesothelioma lawyers are adept at thwarting such efforts and ensuring that your claim is moved forward.
The publication of The Restatement of the Law of Torts in 1965 was a significant step for asbestos litigation. It stated that anyone who sells an item to a person who is dangerous in any way can be held accountable for any damages which are suffered by the other person. This ruling opened up the floodgates of asbestos lawsuits.
Another breakthrough was the discovery of hidden documents that revealed asbestos manufacturers tried to hide the health hazards of asbestos. These documents were used in court to strengthen the lawsuits brought by plaintiffs against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it can set aside money in special trusts that provide settlements to asbestos victims. The amount that a company has to pay to file for bankruptcy is a tiny fraction of what it would get in a civil lawsuit.
However, asbestos defendants are also recognized for hiring "experts", who would assist them in court by publishing and conducting research that was funded by the asbestos industries. This was a deliberate attempt to discredit research-based evidence that asbestos exposure in any form can cause mesothelioma.
Suits Types
Many people who develop mesothelioma or other asbestos-related ailments did not realize they were exposed to the harmful substance. Unfortunately, many of the companies that made asbestos-containing products were aware of its dangers and put profits ahead of human life, but did not communicate this information with the general public. If you or someone close to you has been diagnosed with asbestos-related disease, you may bring a lawsuit against the company responsible and receive compensation from an asbestos trust.
Asbestos lawsuits are civil suits. They can also be a result of personal injury or breach of contract. These cases are ruled on by a judge and parties may make motions or other pleadings during the process of litigation.
Statute of Limitations
The asbestos statute of limitations, or time limit for filing an action against a negligent party differs by state. Personal injury lawsuits are usually filed within three years from the victim first begins to experience symptoms. Particular rules are in place for mesothelioma-related cases. Mesothelioma is a rare illness which usually doesn't manifest until years after asbestos exposure. This is why victims and their families require the assistance of an experienced mesothelioma attorney to ensure they make a claim on time.
While the majority of personal injury claims result from injuries or accidents, asbestos victims face a unique situation. Mesothelioma, asbestos-related illnesses and other diseases are classified by the law as "disability." This means that patients may not be aware of or even comprehend their symptoms until they have suffered a significant loss. This is why asbestos statutes have a longer discovery period to be able to account for the time interval between exposure and first symptoms.
Another factor that affects the time frame for an asbestos case is the location of the victim or deceased. This is because certain states have an extended statute of limitations than others. In these instances, an attorney who is knowledgeable about the proper jurisdiction and is able to work with the victims to file in that state is crucial.
Medical documentation and reports corresponding to the diagnosis of an asbestos-related cancer or disease are also important in determining the time when a time limit for a statute of limitations starts. A mesothelioma attorney can review the asbestos victims' work histories to determine the possible places where asbestos exposure may have occurred.
It is important to remember that the time limit for filing a claim can differ depending on the type of claim, and even the asbestos manufacturer or employer. Many asbestos manufacturers have closed or been sold to a different company. In order to receive the maximum amount of compensation for asbestos-related diseases or injuries, victims need to be prepared to bring multiple lawsuits. A mesothelioma lawyer can go over the various kinds of claims available to a victim and help them decide which defendants to include in their lawsuit.
Jury Verdicts
The victims in asbestos lawsuits are awarded compensation by a jury or a judge. The amount of the award can be greater or smaller than a settlement agreement signed by the victim and the 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 have contributed to expose their clients to asbestos. It is essential to choose lawyers who have experience with asbestos and know how to explain technical and complex issues to laypeople in a way that is easy to comprehend.
In recent years, the most significant jury verdicts in asbestos cases came from multi-district litigation. This is where many cases are combined and tried in one place. This creates economies of scale and a simpler process for both parties, and also allows jurors to see a consistent pattern in the outcomes.
The "state of art" defense is a matter that can arise in multi-district litigation. This defense states that a manufacturer cannot be held accountable for damages when they knew at the time of purchase that the product was a risk or alternatively, a buyer could have discovered this information through an appropriate inquiry. The standard is established by the Restatement (Second) Section 402A. Comment j.
Most often, asbestos victims may have had an illness that is less severe, such as asbestosis prior to developing the more serious cancer of mesothelioma. Since the symptoms of mesothelioma resemble other breathing conditions, it is crucial that our asbestos lawyers retain medical experts to distinguish between the two types of cancer.
Kazan McClain Satterley & Greenwood for instance, securing the award of $12,000,000 in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. The jury's verdict for the victim and husband was significantly higher than previous verdicts in this case. Erie asbestos attorneys was despite defendants arguing that asbestos exposure increased her risk of developing lung cancer because of her smoking.