Here's A Few Facts Regarding Lawsuit Asbestos
How to File an Asbestos Lawsuit
If a victim's lawyer file an asbestos lawsuit, the defendants have 30 days to respond. Most defendants will deny allegations and offer a settlement before the trial gets underway.
However it is true that a verdict in a trial usually yields higher awards than settlement offers or trust fund claims. Patients should always choose a law firm in the nation with experience in handling mesothelioma cases.
History of Asbestos Litigation
Asbestos is a naturally occurring fibrous material that can cause a wide variety of health problems. Brownsville asbestos lawsuit was utilized in a myriad of products until the mid-1970s due to its strength, fire-resistant properties and low price. Asbestos use soared in the United States during this time and continues to be present in many older structures and buildings across America. Asbestos is linked to several types of cancer respiratory diseases, as well as mesothelioma. Asbestos lawsuits are the longest-running mass tort in the nation's history.
Asbestos lawsuits arise out of the fact that exposure to asbestos can lead to serious and debilitating health issues, like mesothelioma. This is a deadly lung disease that can develop over time. When asbestos was used, the makers knew of the dangers it presented to consumers and workers, but did not disclose the information. Therefore asbestos victims can get compensation from the producers of the dangerous products.
Defense attorneys in asbestos lawsuits employ a variety of strategies to avoid paying compensation. This often includes filing frivolous motions and hoping that you will die or quit before your case is resolved. Our mesothelioma lawyers are adept in thwarting such efforts and ensuring that your claim gets forward.
The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It stated that anyone who sells an item to a person who is dangerous in any way will be liable for any damage which are suffered by the other person. This ruling opened the floodgates to asbestos lawsuits.
Another interesting development was the uncovered of documents hidden from view that revealed asbestos companies tried to cover up the health hazards of asbestos. These documents were used in court to support claims brought by plaintiffs 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 that specifically offer settlements to asbestos victims. However, the amount that an organization pays in bankruptcy proceedings is minuscule compared to what could be obtained in a civil lawsuit.
However, asbestos defendants have also been known to hire "experts" who would help them defend their case in court by conducting research and publishing papers that were supported by the asbestos industry. This was a clear attempt to discredit the scientific consensus that exposure to asbestos in any form could lead to mesothelioma.
Suits Types
Many people who develop mesothelioma or asbestos-related illnesses did not know they were exposed substances. Unfortunately, a few companies that made asbestos-containing products knew its risks and put profits over human life, but they did not share this information with the general public. If you or someone near you has been diagnosed with asbestos-related disease, you may sue the responsible company and receive compensation from an asbestos trust.
Asbestos lawsuits are considered civil suits. They may also involve personal injury or breach of contract. These cases are ruled on by a judge and parties may submit motions or other pleadings in the trial.
Statute of limitations
The statute of limitations for asbestos, or time limit for filing a lawsuit against a negligent party, is different for each state. Personal injury cases are generally filed within three years of the date when the victim first starts experiencing symptoms. In mesothelioma cases, however there are special rules in place. Mesothelioma can be a rare condition that typically does not develop symptoms until years after asbestos exposure. This is why the victims and their families need the assistance of an experienced mesothelioma lawyer to ensure that they submit a claim on time.
Although the majority of personal injury cases involve accidents or injuries, asbestos victims face unique circumstances. The law considers mesothelioma as well as other asbestos-related illnesses as resulting from "disability," meaning that victims might not know of or be aware of the severity of their ailments until they have suffered a significant loss. This explains why asbestos statutes of limitations include an extended discovery rule to account for the time between the date of exposure and the initial appearance of symptoms.
Another aspect that influences the statute of limitations for asbestos cases is the location of the injured or deceased. Some states have a longer time of limitation than others. In such cases, it is important to find a mesothelioma lawyer that knows the appropriate jurisdiction and that can help victims submit their claims in the right place.
Medical documentation and reports relating to the diagnosis of asbestos disease or cancer are also crucial in determining the time when a statute of limitations begins. An attorney for mesothelioma can look over the asbestos victims' work histories to determine the possible places of asbestos exposure.
It is important to know that the time period for a statute of limitations may vary depending on the type of claim, or even by the asbestos manufacturer or employer. This is because many asbestos producers have closed their businesses or have been sold to other businesses. To get the most amount of compensation for asbestos-related illnesses or injuries, the victims have to be prepared to file multiple lawsuits. A mesothelioma lawyer can help victims determine the best defendants to sue by analyzing different kinds of claims.
Jury Verdicts
A judge or jury awards compensation to asbestos victims. The amount of the award could be greater or less than the settlement agreement that was reached between the company and the plaintiff.
Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims by pursuing the highest amount of compensation possible from the defendants who contributed to their clients' exposure to asbestos. It is important to hire lawyers who have experience with asbestos and are able to explain technical and complicated issues to laypeople in a way that is easy to comprehend.
In recent years the most significant jury verdicts in asbestos cases have been in multi-district litigation, where there are multiple cases that are consolidated for trial in a single venue. This allows for economies of scale and a smoother process for both parties, and allows jurors to see a consistent pattern in the verdicts.
The "state of art" defense is one issue that can arise in multi-district litigation. This defense states that a manufacturer is not liable for damages when they knew at the time of purchase that the product was dangerous or, alternatively, a seller could have discovered this information through an informed inquiry. The standard is set by the Restatement (Second), Section 402A Comment j.
Mesothelioma is a more serious cancer that can be found after an asbestos victim has been suffering from an illness that is less severe, such as asbestosis. Because the symptoms of mesothelioma are similar to those of other breathing ailments that is why it is essential for asbestos lawyers to have medical experts who can differentiate the two diseases and prove that the mesothelioma is directly related to the asbestos exposure.
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 verdict of the jury for the victim and husband was significantly higher than previous verdicts in this instance. This was despite defendants arguing that the worker's exposure to asbestos increased her risk of lung cancer as a result of smoking.