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How to File an Asbestos Lawsuit The defendants have 30 calendar days to respond after the victim's lawyer file an asbestos lawsuit. Sparks asbestos lawyers will deny the allegations and offer a settlement prior to the trial begins. However, a trial verdict typically results in higher settlement offers or trust fund claims. Patients should always seek out a national law firm with expertise in handling mesothelioma cases. The history of Asbestos Litigation Asbestos, a mineral that is fibrous found in nature, can cause a variety of health issues. Asbestos was used in a variety of products from the mid-1970s due its durability, fire-resistant properties, and low cost. In the mid-1970s, asbestos consumption in the United States peaked. It is still present in many older structures and buildings in America. Asbestos is linked to mesothelioma, 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 lead to debilitating and serious health issues, like mesothelioma. This is a fatal lung disease that can develop over decades. When asbestos was used, the makers knew about the dangers it could pose to workers and consumers but didn't disclose this information. Due to this, asbestos-related victims can get compensation from the manufacturers. The defendants in asbestos lawsuits employ various tactics to avoid paying compensation. This can include filing frivolous motions hoping that you die before your case is decided or give up. Our mesothelioma lawyers are proficient in stifling such attempts and ensuring that your claim gets forward. The most significant development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts that stated that anyone who sells a product is unreasonablely dangerous to someone else is liable for any damages suffered by the person who sold the product. This ruling opened the floodgates to asbestos lawsuits. Another important development was the discovery hidden documents which revealed that asbestos producers tried to hide asbestos' dangers. These documents were used in court to support the lawsuits brought by plaintiffs against asbestos companies. Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it is able to save money in special trusts that provide settlements to asbestos victims. The amount a business is required to pay to file bankruptcy is a small fraction of what it would be able to recover in a civil suit. As a matter of fact, asbestos defendants have also been known to hire “experts” who would assist them in court by conducting research and publishing papers supported by the asbestos industry. This was an attempt to discredit the scientific consensus that asbestos exposure in any form could cause mesothelioma. Types of Suits Many people who contract mesothelioma, or other asbestos-related illnesses, did not realize they were exposed to the dangerous substance. Some companies that made asbestos-containing products were aware the risks but decided to put profits before human life. They did not divulge the information with the general public. If you or someone close to 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 are considered civil suits. They can also involve personal injury or breach of contract. A judge is the judge in these cases, and the parties can file motions and other pleadings during the course of litigation. Statute of Limitations The asbestos statute of limitation or the time frame to start a lawsuit against a person who is negligent is different from state to state. In general, personal injury cases must be filed within three years from the date the symptoms of a victim first manifest. There are special rules for mesothelioma cases. Mesothelioma can be a rare condition which usually doesn't manifest until years after exposure to asbestos. This is why that victims and their families need assistance from mesothelioma attorneys to ensure they file their claim on time. While the majority of personal injury claims involve injuries or accidents, asbestos victims face an unusual situation. Mesothelioma, asbestos-related diseases and other illnesses are viewed by the law as “disability.” This means that victims may not be aware of or comprehend their symptoms until after they have suffered a significant loss. This is why asbestos laws have a longer discovery period to account for the time between exposure and first signs. The location of the injured or the deceased may also affect the statute of limitation for asbestos cases. Some states have a longer time of limitation than other. In these cases, an attorney who is knowledgeable about the appropriate jurisdiction and who is able to work with the victims to file their claims in that state is crucial. Medical documentation and reports relating to the diagnosis of an asbestos-related cancer or disease are also essential in determining the time when a statute of limitations begins. A mesothelioma lawyer can examine the asbestos victim's work history to identify potential locations of exposure to asbestos. Finally, it is important to remember that statutes of limitations may differ based on the type of claim and even the asbestos employer or manufacturer. This is due to the fact that many asbestos producers have closed their businesses or have been sold to other businesses. To receive the maximum compensation for asbestos-related illnesses or injuries, victims have to be prepared to file multiple lawsuits. A mesothelioma lawyer can help victims choose the most suitable defendants for their lawsuit by reviewing different types of claims. Jury Verdicts A jury or judge awards compensation to asbestos victims. The amount of the award could be greater or less than the settlement agreement reached between the company and the plaintiff. Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for victims by pursuing the highest amount of compensation from defendants who have contributed to the exposure of their clients to asbestos. To maximize the chances of winning, it's important to have lawyers who are knowledgeable about asbestos and who know how to present complicated and technical issues in a way that is simple for a lay person to understand. In recent years the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, where there are multiple cases that are consolidated to be tried in one location. This creates economies of scale and a more streamlined process for both parties and allows the jury to see consistency in the outcomes. One issue that can arise in multi-district litigation is the “state of the state of the art” defense that states that a manufacturer is not responsible for any damages resulting from exposure to a product unless it was evident at the time of sale that the product posed a danger or, in the alternative, a seller might have discovered this information through a reasonable investigation. The Restatement (Second) of Torts, Section 402A, Comment j, sets out the norm. Most often, asbestos victims will have suffered from an illness that is less severe, such as asbestosis before acquiring the more serious cancer of mesothelioma. Because the symptoms of mesothelioma are similar to other breathing disorders, it is important for our asbestos lawyers to have medical experts who can differentiate the two diseases and demonstrate that the mesothelioma is directly linked to the asbestos exposure. Kazan McClain Satterley & Greenwood has, for instance, won the award of $12,000,000 in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of a worker who passed away from mesothelioma. The jury's verdict for the victim and her husband was substantially higher than the previous verdicts for this case, despite defense that smoking increased the risk of developing lung cancer as a result of her exposure to asbestos.