Five Things You Don't Know About Lawsuit Asbestos
How to File an Asbestos Lawsuit
The defendants have 30 calendar days to reply after the victim's lawyer files an asbestos lawsuit. The majority of defendants deny the allegations and offer a settlement before the trial gets underway.
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 handling mesothelioma cases.
Richmond asbestos attorney of Asbestos Litigation
Asbestos, a mineral that is fibrous found in nature, can cause a variety of health issues. Asbestos was utilized in a myriad of products up until the mid-1970s due to its durability, fire retardant properties and low price. Asbestos consumption peaked in the United States during this time and continues to be found in a variety of older buildings and structures across America. Asbestos is associated with mesothelioma and lung conditions and a variety of cancer. Asbestos litigation is the longest-running mass injury in American history.
Asbestos-related lawsuits result of the fact that asbestos exposure can cause serious and debilitating health issues, like mesothelioma. This is a deadly lung disease that can develop over time. Manufacturers knew asbestos could pose a danger to consumers and workers, but they did not make it clear. Due to this, asbestos victims may claim compensation from the manufacturer.
Defense lawyers in asbestos lawsuits employ a variety methods to evade paying compensation. This can include filing frivolous motions, hoping that you will die or give up before your case is resolved. However, our mesothelioma attorneys are adept in thwarting these attempts and ensuring that your claim is moved forward.
The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It ruled that anyone who sells a product to another person who is dangerous in any way can be held accountable for any damages that are suffered by that other person. This ruling opened the floodgates for asbestos lawsuits.
Another change was the discovery of hidden documents that revealed asbestos manufacturers attempted to cover up asbestos' dangers. 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 special trusts that pay out settlements to asbestos victims. The amount a company has to pay to file for bankruptcy is a tiny fraction of what it could be able to recover in a civil suit.
Unfortunately asbestos defendants are also often known to employ "experts" who assist them in court by conducting and publishing research that was supported by asbestos companies. This was a deliberate attempt to undermine the the scientific consensus that asbestos exposure in any form can lead to mesothelioma.
Suits of various types
Many people who develop mesothelioma or asbestos-related illnesses did not realize they were exposed to harmful substances. Unfortunately, some of the companies that manufactured asbestos-containing products knew its risks and put profits over the health of their customers, but did not communicate this information with the general public. If you or someone close to you has been diagnosed with asbestos-related illness, you can sue the company responsible and receive compensation from an asbestos trust.
Asbestos lawsuits are civil actions, which also include cases that involve personal injury and breach of contract. A judge hears these cases, and parties can submit motions and other pleadings in the process of litigation.
Statute of limitations
The statute of limitations for asbestos, or time limit for filing an action against a negligent person, varies by state. Personal injury cases are generally filed within three years from when the victim first starts experiencing symptoms. Particular rules are in place for mesothelioma-related cases. Mesothelioma is a rare illness that typically does not show symptoms until decades after asbestos exposure. It is for this reason that victims and their families need assistance from mesothelioma attorneys to ensure that they submit their claims on time.
While most personal injury claims involve accidents or injuries, asbestos victims face unique circumstances. The law views mesothelioma and other asbestos-related diseases as resulting from "disability," meaning that patients may not be aware or understand the severity of their symptoms until they have already suffered a significant loss. This is why asbestos statutes of limitations include an extended discovery rule to account for the time between the dates of exposure and the initial manifestation of symptoms.
The location of the injured or the deceased can also influence the time limit for asbestos cases. This is due to the fact that some states have an extended statute of limitations than others. In these situations it is crucial to have a mesothelioma attorney that knows the appropriate jurisdiction and that can work with victims to file in the right location.
Documentation and reports that relate to the diagnosis of asbestos-related cancer or disease are also crucial when determining when the statute of limitation commences. A mesothelioma lawyer may look over the asbestos victim's employment history to identify potential locations of exposure to asbestos.
Finally, it is important to keep in mind that statutes of limitation may differ based on the type of claim and even the asbestos manufacturer or employer. This is because many asbestos manufacturers have closed their businesses or sold to other businesses. To receive the most amount of amount of compensation for asbestos-related diseases or injuries, victims will require preparation to bring multiple lawsuits. An attorney for mesothelioma can look over the various types of claims for victims and help them determine which defendants to name in their lawsuit.
Jury Verdicts
The victims in asbestos lawsuits are awarded compensation by a jury or a judge. 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' attorneys seek justice for the victims, requesting the highest amount of compensation from the defendants who contributed to their clients being exposed to asbestos. To maximize the chances of winning, it's crucial to hire lawyers who are knowledgeable about asbestos and are able to present complicated and technical issues in a manner that is easy for the average person to comprehend.
In recent years, the largest jury verdicts in asbestos cases were in multi-district litigation. This is where multiple cases are consolidated and tried in one place. This allows for economies of scale and a more streamlined procedure for both parties as well as allowing the jury to see consistency in the verdicts.
One issue that may arise in multi-district litigation is the "state of the art" defense which says that a manufacturer isn't responsible for any damages resulting from exposure to a product in the event that it was discovered at the time of the sale that the product was 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, sets out the legal standard.
Mesothelioma can be a more serious form of cancer that can develop after an asbestos victim has been suffering from an illness that is not as serious, such as asbestosis. Because the signs of mesothelioma may be similar to other breathing problems that is why it is essential for asbestos lawyers to have medical experts who can distinguish the two illnesses and prove that mesothelioma can be directly related to the asbestos exposure.
For instance, in 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 substantially higher than previous verdicts in this case, despite the defense that smoking cigarettes increased the risk of lung cancer from her asbestos exposure.