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How to File an Asbestos Lawsuit The defendants have 30 calendar days to respond after a victim's attorney files an asbestos lawsuit. Most will deny the allegations and offer a settlement before the trial starts. 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. The History of Asbestos Litigation Asbestos is a naturally occurring fibrous mineral that can cause a broad variety of health issues. Due to its strength, fire-retardant capabilities and low cost, asbestos was used in many different products until the mid-1970s. Asbestos consumption peaked in the United States during this time and is still present in many older structures and buildings across America. Asbestos has been linked with various types of cancer respiratory diseases, as well as mesothelioma. Asbestos lawsuits are the longest-running mass tort in America's history. Asbestus lawsuits stem from fact that exposure to asbestos can cause severe and debilitating health diseases, such as mesothelioma which is a deadly lung disease that can take a long time to develop. The manufacturers knew that asbestos was an hazard to consumers and workers, but they didn't disclose it. As a result of this, asbestos victims may get compensation from the manufacturers. Defendants of asbestos lawsuits use different strategies to avoid paying compensation. This often includes filing frivolous motions, hoping you will die or quit before your case is resolved. However, our mesothelioma attorneys are skilled at thwarting these efforts and ensuring that your claim moves forward. One of the most significant developments in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts that stated that anyone who sells a product that is unreasonablely dangerous to someone else is responsible for the damages incurred by the person who sold the product. This ruling opened the floodgates of asbestos lawsuits. A second change was the discovery of hidden documents that revealed asbestos companies tried to conceal asbestos' dangers. These documents were used by plaintiffs in court to support their claims 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 to pay settlements to asbestos victims. However, the amount a company pays in bankruptcy proceedings is minimal in comparison to the amount that could be recovered in a civil lawsuit. As a matter of fact asbestos defendants have been known to hire “experts” who would assist them defend their cases in court by conducting research and publishing papers that were paid for by the asbestos industry. This was an attempt to undermine the scientific consensus that asbestos exposure of any kind could lead to mesothelioma. Suits Types Many people who develop mesothelioma or asbestos-related diseases did not know they were exposed to toxic substances. Some companies that manufactured asbestos-containing products were aware of the dangers, but chose to prioritize profits over human life. Turlock asbestos lawsuits didn't share the information with the general public. If you or someone you know has been diagnosed with an asbestos-related illness you can bring a lawsuit against the business responsible for your exposure and receive compensation from an asbestos trust fund. Asbestos lawsuits are civil actions that also cover cases involving personal injury and breach of contract. These cases are heard by an adjudicator, and parties can file motions or other pleadings during the litigation. Statute of limitations The asbestos statute of limitation or the time frame to bring a lawsuit against someone who is negligent and liable, differs from state to state. Personal injury cases are generally filed within three years from when a victim first experiences symptoms. Particular rules are in place for mesothelioma-related cases. Mesothelioma is a rare disease which usually doesn't develop symptoms until years after asbestos exposure. This is why victims and their families need the assistance of a seasoned mesothelioma attorney to ensure they submit a claim on time. Asbestos sufferers are in a unique situation. The majority of personal injury claims are based on injuries or accidents. 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've already suffered an extensive loss. This is the reason why asbestos statutes of limitations include an extended discovery rule to account for the delay between the date of exposure and the initial manifestation of symptoms. Another factor that affects the statute of limitations for asbestos cases is the location of the person who was injured or deceased. This is because certain states have a longer statute of limitations than others. In these cases, an attorney who is knowledgeable about the appropriate jurisdiction and who is able to work with the victims to file in that state is crucial. Documentation and reports that relate to the diagnosis of asbestos cancer or disease are crucial in determining the time when the statute of limitations begins. A mesothelioma lawyer may review the asbestos victim's work background to determine the potential areas where asbestos exposure may have occurred. It is important to remember that the time limit for filing a claim can vary depending on the type of claim or even by the asbestos manufacturer or employer. Many asbestos producers have either closed or sold to a different company. To receive the maximum compensation for asbestos-related illnesses and injuries, victims will require preparation to bring multiple lawsuits. A mesothelioma lawyer can assist victims determine the best plaintiffs for their lawsuit by analyzing different types of claims. Jury Verdicts The asbestos victims are awarded compensation by a jury or a judge. 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. Attorneys representing plaintiffs are seeking justice for victims by seeking the maximum amount of compensation from defendants who contributed to expose their clients to asbestos. It is important to hire lawyers who have experience with asbestos and can explain technical and complicated issues to lay people in a manner that is simple to comprehend. In recent years, the most significant verdicts of juries in asbestos cases occurred in multi-district litigation. This is where multiple cases are consolidated and are tried in one location. This allows for economies of scale and a smoother process for both parties and also allows the jury to be able to see consistency in the results. The “state of the art” defense is one issue that can arise during multi-district litigation. This defense states that a maker cannot be held accountable for damages if they knew at the time of purchase that the product was a risk or, alternatively, a seller would have known this information through a reasonable inquiry. The standard is set by the Restatement (Second) Section 402A. Comment j. Mesothelioma can be a more serious form of cancer that can develop after an asbestos victim has suffered from an illness that is not as serious, such as asbestosis. Because the signs of mesothelioma are comparable to other breathing disorders, it is vital that our asbestos lawyers work with medical experts to differentiate between the two types of cancer. Kazan McClain Satterley & Greenwood, for example, secured a $12,000,000 verdict 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 significantly higher than previous verdicts in this case, despite defendants' argument that the worker's smoking increased the risk of developing lung cancer as a result of her exposure to asbestos.