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How to File an Asbestos Lawsuit The defendants have 30 calendar days to respond after the attorney for the victim files an asbestos lawsuit. The majority of defendants deny the allegations and offer a settlement before the trial starts. However the verdict of a trial typically will result in higher payouts than settlement offers or trust fund claims. Patients should always hire a national law firm with experience in handling mesothelioma cases. History of Asbestos Litigation Asbestos is a naturally occurring fibrous material that can cause a broad variety of health issues. Asbestos was utilized in a myriad of products until the mid-1970s due to its durability, fire-resistant properties, and its low cost. Asbestos usage soared in the United States during this time and continues to be present in a variety of older structures and buildings across America. Asbestos has been linked with various types of cancer respiratory diseases, as well as mesothelioma. Asbestos lawsuits have been the longest-running mass injury in American history. Asbestus lawsuits are based on the fact exposure to asbestos can cause severe and debilitating health illnesses, including mesothelioma which is a fatal lung disease that can take years to develop. Manufacturers knew that asbestos posed a danger to consumers and workers, but they did not make it clear. Due to this, asbestos victims may get compensation from the manufacturers. Defense lawyers in asbestos lawsuits employ a variety of tactics to avoid paying compensation. This includes filing frivolous motions in the hope that you will die before your case is settled or simply give up. Our mesothelioma lawyers are proficient in stifling such attempts and ensuring that your claim is taken forward. The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It declared that anyone selling an item to another person who is dangerous in any way is liable for any damages that are incurred by that other person. This ruling opened up the floodgates of asbestos lawsuits. A second development was the discovery hidden documents that revealed that asbestos companies tried to hide the dangers of asbestos. These documents were used in court to strengthen claims by plaintiffs against the asbestos companies. Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy and declares bankruptcy, it can put funds aside in trusts to provide settlements to asbestos victims. The amount a business is required to pay to file bankruptcy is a tiny fraction of what it would 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 funded by the asbestos industries. This was an obvious attempt to discredit the scientific consensus that exposure to asbestos in any form could cause mesothelioma. Suits of different types Many people who contract mesothelioma or other asbestos-related diseases did not realize that they were exposed to the harmful substance. Certain companies that produced asbestos-containing products were aware of the dangers, but chose to prioritize profit over human life. They did not share the information with the public. If you or someone close to you has been diagnosed with asbestos-related disease, you may sue the company responsible and receive compensation from an asbestos trust. Asbestos lawsuits are civil suits and can also be a part of cases that involve personal injury and breach of contract. A judge is the judge in these cases, and parties may submit motions and other pleadings in the process of litigation. Statute of limitations The statute of limitations for asbestos or the time frame for filing lawsuits against a negligent person, differs by state. In general, personal injury cases must be filed within a period of three years from the time the symptoms of a victim first manifest. In mesothelioma-related cases, however, special rules apply. Mesothelioma is a rare disease that usually does not manifest until years after asbestos exposure. This is the reason why patients and their loved ones need the help of an experienced mesothelioma lawyer in order to file a claim in time. Asbestos victims are in a unique situation. Most personal injury claims are based on injuries or accidents. Gulfport asbestos lawsuit and other asbestos-related illnesses as stemming from “disability,” meaning that patients may not be aware of or understand the severity of their ailments until they've already suffered a significant loss. This is why asbestos statutes have an extended discovery period to be able to account for the time interval between exposure and the first onset of symptoms. The location of the injured or the deceased person's location can determine the time frame for asbestos cases. This is due to the fact that some states have an extended statute of limitations than others. In such cases, an attorney for mesothelioma who is aware of the right jurisdiction and can work with the victims to file a claim in the appropriate location is crucial. Medical documentation and reports relating to the diagnosis of asbestos-related cancer or disease are also crucial in determining when the statute of limitations begins. A mesothelioma attorney can review the asbestos victims' work histories to find possible areas where asbestos exposure may have occurred. It is important to remember that the time limit for filing a claim can differ based on the type of claim, or even by the asbestos manufacturer or employer. This is due to the fact that many asbestos producers have closed their businesses or sold to other businesses. As such, victims must be prepared to sue several parties to get maximum compensation for their asbestos-related diseases and injuries. A mesothelioma lawyer can assist victims choose the most suitable defendants for their lawsuit by analyzing different kinds of claims. Jury Verdicts The asbestos victims are awarded compensation by a jury or a judge. The amount of the verdict may be higher or lower than the settlement agreement negotiated between the company and the victim. Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for victims by seeking the highest amount of money from defendants who contributed to expose their clients to asbestos. It is essential to choose lawyers who have worked with asbestos and know how to explain technical and complicated issues to laypeople in a manner that is simple to comprehend. In recent years, the most significant verdicts of juries in asbestos cases came from multi-district litigation. This is when many cases are combined and tried in one place. This allows for economies of scale and a more streamlined process for both parties as well as allowing jurors to see a consistent pattern in the verdicts. One issue that could arise in multi-district litigation is the “state of the state of the art” defense that states that a manufacturer cannot be held liable for damages caused by exposure to a product in the event that it was discovered at the time of sale that the product posed danger, or in the alternative, a buyer could have discovered such information through an appropriate investigation. The standard is set by the Restatement (Second), Section 402A Comment j. Most often, asbestos victims has suffered from an illness that is less severe, such as asbestosis prior to developing the more serious cancer mesothelioma. Since the symptoms of mesothelioma can be similar to other breathing problems and conditions, it is crucial for our asbestos lawyers to have medical experts who can distinguish the two illnesses and prove that mesothelioma is related to the asbestos exposure. Kazan McClain Satterley & Greenwood, for example, secured a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of the worker who died from mesothelioma. The verdict of the jury for the victim and husband was significantly higher than previous verdicts in this case. This was despite defendants arguing that asbestos exposure increased the risk of lung cancer due to her smoking.