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How to File an Asbestos Lawsuit If a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. The majority of them will deny the allegations and may offer a settlement prior to the trial gets underway. However the verdict of a trial typically results in higher settlement offers or trust fund claims. Patients should always hire an attorney firm that has national 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 utilized in a wide range of products from the mid-1970s because of its strength, fire-resistant properties, and its low cost. In the mid-1970s, asbestos consumption in the United States peaked. It is still found in a variety of older buildings and structures in America. Asbestos is associated with mesothelioma, lung conditions and various types of cancer. Asbestos lawsuits are the longest-running mass tort in the country's history. Asbestus lawsuits are based on the fact exposure to asbestos can cause severe and debilitating medical conditions, including mesothelioma, which is a deadly lung disease that can take years to develop. When asbestos was used in the manufacturing process, the manufacturers knew of the dangers it presented to both consumers and workers but didn't disclose this information. Because of this, asbestos victims can get compensation from the manufacturers. Plaintiffs in asbestos lawsuits employ various tactics to avoid paying out compensation. This often includes filing frivolous motions, hoping that you will die or quit before the case is settled. Our mesothelioma lawyers are skilled in stopping such attempts and ensuring that your claim is moved forward. A major development in asbestos litigation was the publication of The Restatement of the Law of Torts which declared that anyone who sells a product that is dangerous to someone else is liable for any damages suffered by that person. This ruling opened up the floodgates of asbestos lawsuits. Another breakthrough was the discovery of secret documents that revealed asbestos manufacturers tried to cover up asbestos's health risks. These documents were used by plaintiffs in court to prove their claims against asbestos companies. Tampa asbestos attorney escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it has the option to set aside money in special trusts that offer settlements to asbestos victims. The amount that a company has to pay to file for bankruptcy is a small fraction of what it would be able to recover in a civil suit. Unfortunately asbestos defendants are known to hire “experts” who help them defend themselves in court by conducting and publishing research that was paid for by the asbestos industry. This was an attempt to undermine the research-based evidence that asbestos exposure in any form can lead to mesothelioma. Suits Types Many people who suffer from asbestos-related diseases or mesothelioma did not know they were exposed to toxic substances. Certain companies that produced asbestos-containing products were aware the risks, but chose to prioritize profit over the life of a human being. They didn't share the information with the 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 considered civil suits. They may also involve personal injury or breach of contract. A judge is the judge in these cases, and the parties may make motions and other pleadings throughout the duration of the litigation. Statute of limitations The asbestos statute of limitations or the time frame for filing an action against a negligent party varies by state. Personal injury lawsuits are typically filed within three years from when the victim first starts experiencing symptoms. Particular rules are in place for mesothelioma-related cases. Mesothelioma is a rare illness which usually doesn't manifest until years after exposure to asbestos. This is the reason that patients and their families require the help of mesothelioma lawyers to ensure that they submit their claims on time. While the majority of personal injury claims involve injuries or accidents, asbestos victims face an unusual situation. The law regards mesothelioma and other asbestos-related diseases as resulting from “disability,” meaning that victims might not know of or understand the severity of their symptoms until they have suffered a significant loss. This is why asbestos statutes have a longer discovery period to account for the time between exposure and first signs. Another aspect that influences the statute of limitations for an asbestos case is the location of the injured or deceased. This is because some states have a longer statute of limitations than others. In such cases, an attorney who is knowledgeable about the appropriate jurisdiction and who is able to work with the victims to file in that location is essential. Documentation and reports that relate to the diagnosis of asbestos cancer or disease are crucial in determining when the statute of limitation starts. A mesothelioma lawyer will review the asbestos victim's work background to determine the potential areas of exposure to asbestos. Finally, it is important to remember that statutes of limitations may differ depending on the type of claim and the asbestos employer or manufacturer. This is due to the fact that many asbestos manufacturers have closed their businesses or sold to other businesses. To receive the maximum compensation for asbestos-related illnesses and injuries, the victims require preparation to make multiple lawsuits. A mesothelioma lawyer can go over the different kinds of claims that can be filed by victims and help them identify the defendants they should name in their lawsuit. Jury Verdicts The asbestos victims are awarded compensation by a judge or jury. The amount of the verdict 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 victims by seeking the highest amount of compensation from defendants who have contributed to expose their clients to asbestos. It is crucial to employ lawyers who have experience with asbestos and can explain technical and complicated issues to laypeople in a way that is simple to comprehend. In recent years, the biggest verdicts of juries in asbestos cases occurred in multi-district litigation. This is where many cases are combined and tried in one place. This allows for economies-of-scale and a more streamlined procedure for both sides. It also allows jurors to observe a consistent outcome. The “state of art” defense is a matter that can arise during multi-district litigation. This defense says that a manufacturer cannot be held liable for damages in the event that they knew at time of purchase that the product was a risk or alternatively, a seller would have known this information through an appropriate inquiry. The standard is set by the Restatement (Second), Section 402A Comment j. A lot of times, an asbestos victim may have had a lesser illness such as asbestosis prior to developing the more serious cancer mesothelioma. Because the signs of mesothelioma can be similar to other breathing problems that is why it is essential for asbestos lawyers to retain medical experts who can differentiate the two illnesses and prove that the mesothelioma is 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 passed away from mesothelioma. The jury's verdict for the victim and her husband was considerably more than the previous verdicts for this case, despite defense that the worker's smoking increased the risk of developing lung cancer due to asbestos exposure.