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How to File an Asbestos Lawsuit The defendants have 30 calendar days to respond once the victim's lawyer is able to file an asbestos lawsuit. The majority of defendants deny the allegations and offer a settlement to settle before the trial begins. However the verdict of a trial typically results in higher settlement offers or trust fund claims. Patients should hire an attorney firm with experience handling mesothelioma cases. History of Asbestos Litigation Asbestos, a mineral that is fibrous found in nature, can cause health issues in a variety of ways. Asbestos was utilized in a wide range of products up until the mid-1970s due to its durability, fire-resistant properties, and low cost. Asbestos usage soared in the United States during this time and continues to be present in a variety of older buildings and structures across America. Asbestos is associated with mesothelioma and lung conditions and various types of cancer. Asbestos lawsuits have been the longest-running mass injury in American history. Asbestos lawsuits arise out of the fact that exposure to asbestos can lead to debilitating and serious health issues, like mesothelioma. It is a serious lung condition that can manifest over decades. When asbestos was used, manufacturers knew about the dangers it posed to both consumers and workers but did not disclose the information. As a result asbestos victims are able to seek compensation from the manufacturers of the dangerous products. Plaintiffs in asbestos lawsuits employ various strategies to avoid paying compensation. This could include filing frivolous motions in the hope that you die before your case is decided or even give up. However, our mesothelioma lawyers are skilled at thwarting these efforts and ensuring your claim moves forward. The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It ruled that anyone selling a product to another person who is dangerous in any way is liable for any damages that are suffered by that other person. This ruling opened the floodgates for asbestos lawsuits. Another interesting development was the uncovered of hidden documents that revealed asbestos manufacturers tried to cover up asbestos' health risks. 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 and declares bankruptcy, it can put funds aside in trusts that pay settlements to asbestos victims. The amount a company pays to file for bankruptcy is only a fraction of the amount it could recover in a civil suit. However, asbestos defendants have also been known to contract “experts” who would assist them in court by conducting research and publishing papers that were paid for by the asbestos industry. This was a clear effort to discredit the scientific consensus that exposure to asbestos in any form could cause mesothelioma. Suits of different types Many people who develop mesothelioma or asbestos-related illnesses didn't realize they were exposed to harmful substances. Some companies that made asbestos-containing products were aware of the dangers, but chose to prioritize profit over the lives of their customers. They did not share the information with the general public. If you or someone near you has been diagnosed with asbestos-related disease, you can sue the responsible company and receive compensation from an asbestos trust. Asbestos lawsuits are civil suits that also cover cases that involve personal injury and breach of contract. These cases are argued by an adjudicator and parties may submit motions or other pleadings during the litigation. Statute of Limitations The statute of limitations for asbestos, or the time limit to file a lawsuit against someone who is negligent, varies from state to state. In general, personal injury lawsuits must be filed within a three-year window from the date that the symptoms of a victim first manifest. Particular rules are in place for mesothelioma situations. The reason for this is that mesothelioma-related symptoms usually do not manifest until years after exposure to asbestos. This is the reason that the victims and their families require the assistance of mesothelioma lawyers to ensure that they complete their claim in time. Asbestos sufferers are in a unique situation. Most personal injury cases involve injuries or accidents. Mesothelioma, asbestos-related diseases and other illnesses are considered by law as “disability.” This means that the victims might not be aware of or comprehend their symptoms until they have suffered a significant loss. This is why asbestos statutes of limitations have an extended discovery rule to account for the delay between the date of exposure and the first appearance of symptoms. Another aspect that influences the time frame for an asbestos case is the location of the injured or deceased. Certain states have a longer duration of time to file a claim than other. In these cases it is essential to have a mesothelioma attorney who knows the right jurisdiction and that can work with victims to submit their claims in the right place. Medical documentation and reports relating to the diagnosis of an asbestos disease or cancer are also essential in determining when the time limit for a statute of limitations starts. An attorney for mesothelioma may review the asbestos-related work history of asbestos victims to determine the possible places of exposure to asbestos. It is also important to remember that statutes of limitations may differ based on the type of claim and the asbestos employer or manufacturer. Boca Raton asbestos attorneys have shut down or been sold to another company. As a result, victims need to be prepared to sue multiple parties in order to receive maximum compensation for their asbestos-related injuries and illnesses. A mesothelioma lawyer can go over the different kinds of claims that can be filed by a victim and help them identify the defendants they should name in their lawsuit. Jury Verdicts The asbestos lawsuit victims are awarded compensation by a jury or a judge. The amount of the award could be higher or less than a settlement agreement reached between the victim and the company. Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for the victims by seeking the highest amount of compensation from defendants who have contributed to expose their clients to asbestos. To increase the odds of winning, it is essential to have lawyers who are knowledgeable about asbestos and who know how to present complex and highly technical issues in a way that is easy for a non-specialist to comprehend. In recent years, the largest verdicts of juries in asbestos cases came from multi-district litigation. This is when multiple cases are consolidated and are tried in one location. This allows for economies-of-scale and more efficient procedures for both sides. It also allows the jury to see consistency of results. The “state of art” defense is a matter that can arise during multi-district litigation. This defense says that a manufacturer is not liable for damages when they knew at the time of purchase that the product was a risk or alternatively, a seller could have uncovered this information through an informed inquiry. The standard is established by the Restatement (Second), Section 402A Comment j. A lot of times, an asbestos victim has suffered from other illnesses like asbestosis before developing the more serious cancer mesothelioma. Because the symptoms of mesothelioma can be similar to other breathing problems, it is important for our asbestos lawyers to have medical experts who can differentiate the two diseases and demonstrate that mesothelioma can be directly connected to asbestos exposure. For instance, in the year 2019, Kazan McClain Satterley & Greenwood obtained a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who had died from mesothelioma. The verdict of the jury for the victim and husband was much higher than previous verdicts in this instance. This is despite defense that the worker's exposure to asbestos increased her risk of lung cancer as a result of smoking.