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How to File an Asbestos Lawsuit The defendants have 30 calendar days to respond once a victim's attorney is able to file an asbestos lawsuit. The majority of them will deny the allegations and offer a settlement prior to the trial starts. However, a trial verdict typically will result in higher payouts than settlement offers or trust fund claims. Patients should choose an attorney who has expertise in handling mesothelioma lawsuits. History of Asbestos Litigation Asbestos, a mineral that is fibrous that is found in nature, can cause a variety of health issues. Asbestos was utilized in a wide range of products until the mid-1970s due its strength, fire-resistant properties, and its low cost. At this point asbestos use in the United States peaked. It remains in a variety of older buildings and structures in 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 that exposure to asbestos could cause severe and debilitating health conditions, including mesothelioma, which is a life-threatening lung disease that can take years to develop. When asbestos was used in the manufacturing process, the manufacturers were aware of the dangers it presented to consumers and workers, but didn't disclose the information. Therefore, asbestos victims can seek compensation from the manufacturers of these dangerous products. Plaintiffs in asbestos lawsuits employ various tactics to avoid paying compensation. This can include filing frivolous motions, hoping you will die or quit before the case is settled. However, our mesothelioma lawyers are adept in thwarting these attempts and ensuring your claim moves forward. The publication of The Restatement of the Law of Torts in 1965 was a major development for asbestos litigation. It declared that anyone who sells an item to another person that is unreasonably hazardous will be liable for any damage that are suffered by that other person. This ruling opened up the floodgates of asbestos lawsuits. Another breakthrough was the discovery of secret documents which revealed that asbestos manufacturers attempted to hide asbestos' health risks. 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 company declares bankrupt, it can set funds aside in trusts that pay settlements to asbestos victims. However, the amount that a company pays in bankruptcy proceedings is minuscule when compared to the amount that can be recovered in a civil suit. As a matter of fact asbestos defendants have been known to hire “experts” who would assist them in court by conducting research and publishing papers that were paid for by the asbestos industry. This was an attempt to discredit research-based evidence that asbestos exposure of any kind could cause mesothelioma. Types of Suits Many people who develop mesothelioma or other asbestos-related diseases did not realize they were exposed to the toxic substance. Unfortunately, a few companies that produced asbestos-containing products were aware of its dangers and put profits ahead of human life, but they did not share this information with the public. If you or someone close to you has been diagnosed with asbestos-related disease, you may sue the responsible company and receive compensation from an asbestos trust. Asbestos lawsuits are civil actions, which also include cases that involve personal injury and breach of contract. A judge hears these cases, and the parties may submit motions and other pleadings throughout the course of litigation. Statute of Limitations The statute of limitations for asbestos or the time frame to bring a lawsuit against someone who is negligent and liable, differs from state to state. Personal injury lawsuits are usually filed within three years of the date when a victim first experiences symptoms. There are special rules for mesothelioma cases. Mesothelioma is a rare disease which usually doesn't manifest until years after exposure to asbestos. This is the reason why patients and their families require the assistance of an experienced mesothelioma lawyer to ensure that they file a claim in time. While the majority of personal injury claims result from injuries or accidents, asbestos victims face a unique situation. Mesothelioma and asbestos-related diseases as well as other illnesses are viewed by the law as “disability.” This means that victims may not be aware of or comprehend their symptoms until they have suffered a major loss. This is why asbestos laws provide for a longer period of discovery to be able to account for the time interval between exposure and first symptoms. Another factor that affects the time limit for an asbestos case is the location of the victim or deceased. This is because certain states have the statute of limitations longer than others. In such cases, an attorney who is knowledgeable about the proper jurisdiction and can assist the victims to file a claim in that location is essential. Medical documentation and reports corresponding to the diagnosis of asbestos-related cancer or disease are also important in determining when a statute of limitations begins. Tempe asbestos lawyer for mesothelioma may review the asbestos victims' work histories to find possible areas of asbestos exposure. Finally, it is important to keep in mind that statutes of limitations may differ depending on the type of claim and the asbestos manufacturer or employer. Many asbestos manufacturers have closed or sold to a different company. To get the most compensation for asbestos-related illnesses and injuries, victims will have to be prepared to make multiple lawsuits. A mesothelioma lawyer can go over the various kinds of claims that can be filed by a victim and help them identify the defendants they should name in their lawsuit. Jury Verdicts The asbestos victims are awarded compensation by a jury or judge. The amount of the award may be higher or lower than a settlement agreement signed by the victim and company. Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims, requesting the maximum recovery possible from the defendants responsible for their clients' exposure to asbestos. To maximize the chances of winning, it's important to have attorneys who are well-versed in asbestos and who know how to present complex and highly technical issues in a manner that is easy for the average person to comprehend. In recent years the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, in which there are multiple cases consolidated to be tried in one location. This allows for economies-of-scale and a more streamlined procedure for both parties. It also allows jurors to see consistency of results. 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 if they knew at the time of purchase that the product was hazardous or alternatively, a seller would have known this information by making an informed inquiry. The Restatement (Second) of Torts, Section 402A, Comment j, sets out the norm. Mesothelioma is a more serious form of cancer that can develop after an asbestos victim has suffered from a less serious illness like asbestosis. Since the symptoms of mesothelioma resemble other breathing diseases, it is essential that our asbestos lawyers work with medical experts to differentiate between the two types of cancer. Kazan McClain Satterley & Greenwood for instance, securing the award of $12,000,000 in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of the worker who died from mesothelioma. The jury's verdict for the victim and her husband was substantially more than the previous verdicts for this case, despite the defense of the defendants that the worker's smoking increased the risk of developing lung cancer due to asbestos exposure.