Why Is Lawsuit Asbestos So Famous?
How to File an Asbestos Lawsuit
The defendants have 30 calendar days to respond after the attorney for the victim file an asbestos lawsuit. The majority of defendants deny the allegations and offer a settlement to settle before the trial starts.
However it is true that a verdict in a trial usually will result in higher payouts than settlement offers or trust fund claims. Patients should always choose a national law firm with experience in handling mesothelioma cases.
History of Asbestos Litigation
Asbestos is an naturally occurring fibrous mineral that can cause a broad range of health issues. Due to its durability and fire-retardant abilities, as well as its low cost, asbestos was utilized in numerous products until the mid-1970s. Asbestos use soared in the United States during this time and is still present in a variety of older structures and buildings across America. Asbestos has been linked to various types of cancer, respiratory conditions, and mesothelioma. Asbestos litigation is the longest-running mass tort in the country's history.
Asbestus lawsuits stem from the fact exposure to asbestos can cause serious and debilitating medical illnesses, including mesothelioma which is a fatal lung disease that can take decades to develop. When asbestos was used, the makers were aware of the dangers it posed to both consumers and workers but they did not divulge this information. Therefore, Scottsdale asbestos lawyer can claim compensation from the makers of these dangerous products.
Defendants of asbestos lawsuits use different strategies to avoid paying compensation. This often includes filing frivolous motions, hoping you will die or give up before your case is settled. However, our mesothelioma lawyers are skilled at thwarting these efforts and ensuring that your claim moves forward.
The publication of The Restatement of the Law of Torts in 1965 was a major development for asbestos litigation. It ruled that anyone selling a product to another person who is unsafe for the reason that it is is liable for any damages that are suffered by that other person. This ruling opened up the floodgates for asbestos lawsuits.
A second development was the discovery hidden documents that revealed that asbestos producers tried to cover up asbestos's dangers. These documents were used by plaintiffs in court to back their claims against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy, it has the option to set aside money in trusts with special provisions that pay out settlements to asbestos victims. However, the amount an organization pays in bankruptcy proceedings is small when compared to the amount that can be obtained in a civil lawsuit.
Unfortunately, asbestos defendants have also been known to employ "experts" who helped them in court by conducting research and submitting papers supported by the asbestos industry. This was an obvious attempt to discredit the scientific consensus that exposure to asbestos in any form could cause mesothelioma.
Suits of various types
Many people who suffer from mesothelioma or other asbestos-related diseases did not realize they were exposed to the dangerous substance. Unfortunately, a few companies that produced asbestos-containing products knew its risks and put profits ahead of human life, but they did not communicate this information with the general public. If you or someone near you has been diagnosed with an asbestos-related disease, you can bring a lawsuit against the company responsible and receive compensation from an asbestos trust.
Asbestos lawsuits are civil actions that also cover cases that involve personal injury and breach of contract. These cases are argued by a judge, and parties can file motions or other pleadings in the process of litigation.
Statute of limitations
The asbestos statute of limitations, or time limit for filing lawsuits against a negligent person, differs by state. Personal injury lawsuits are typically filed within three years of the date when the victim first starts experiencing symptoms. There are special rules for mesothelioma-related cases. Mesothelioma is a rare disease which usually doesn't show symptoms until decades after asbestos exposure. This is the reason why patients and their families need the assistance of an experienced mesothelioma attorney to ensure they submit a claim on time.
While the majority of personal injury claims result from injuries or accidents asbestos victims are in a unique situation. The law views mesothelioma and other asbestos-related illnesses as resulting from "disability," meaning that patients may not be aware of or comprehend the severity of their ailments until they have already suffered a significant loss. This is why asbestos statutes provide for a longer period of discovery to account for the time between exposure and first signs.
Another aspect that influences the time frame for an asbestos case is the location of the injured or deceased. Certain states have a longer period of time to file a claim than other. In these situations it is crucial to have a mesothelioma attorney that knows the appropriate jurisdiction and who can assist victims to file the appropriate form in the correct location.
Documentation and reports that correspond to the diagnosis of asbestos cancer or a disease are also important when determining when the statute of limitations starts. An attorney for mesothelioma can look over the asbestos-related work history of asbestos victims to identify possible locations where asbestos exposure may have occurred.
Finally, it is important to keep in mind that the statute of limitations can differ depending on the type of claim and the asbestos employer or manufacturer. This is because a lot of asbestos producers have shut down their businesses or have been sold to other businesses. To get the maximum amount of compensation for asbestos-related diseases or injuries, victims need to be prepared to file multiple lawsuits. A mesothelioma attorney can review the various kinds of claims available to the victim and assist them to decide which defendants to include in their lawsuit.
Jury Verdicts
A jury or judge awards compensation to asbestos victims. The amount of the award could be higher or lower than the settlement agreement reached between the company and the plaintiff.
Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for the victims by seeking the maximum amount of compensation from defendants who contributed to expose their clients to asbestos. It is crucial to employ lawyers who have experience with asbestos and know how to explain complex and technical issues to laypeople in a way that is simple to comprehend.
In recent years, the most significant jury verdicts in asbestos cases have been in multi-district litigation. In this type of litigation, the cases are combined for trial in a single venue. This allows for economies-of-scale and more efficient procedures for both parties. It also allows the jury to see consistency of results.
One issue that may arise in multi-district litigation is the "state of the art" defense that states that a manufacturer is not 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 could pose risk or, in the alternative, a buyer might have discovered this information through reasonable investigation. The standard is established by the Restatement (Second), Section 402A Comment j.
Mesothelioma can be 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. As the symptoms of mesothelioma resemble other breathing conditions, it is crucial that our asbestos lawyers work with medical experts to distinguish between the two types of cancer.
Kazan McClain Satterley & Greenwood has, for instance, won a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. The verdict of the jury in favor of the husband and victim was significantly higher than previous verdicts in this case. This was despite defendants arguing that asbestos exposure increased her risk of developing lung cancer as a result of smoking.