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How to File an Asbestos Lawsuit When a lawyer for a victim is able to file an asbestos lawsuit the defendants have 30 days to respond. Most defendants will deny allegations and offer a settlement before the trial gets underway. However the verdict of a trial typically results in higher settlement offers or trust fund claims. Patients should seek out an attorney who has expertise in handling mesothelioma lawsuits. History of Asbestos Litigation Asbestos is a naturally occurring fibrous mineral that can cause a wide range of health issues. Asbestos was utilized in a variety of products up until the mid-1970s because of its durability, fire retardant properties, and its low cost. Asbestos use soared in the United States during this time and is still present in a variety of older buildings and structures across America. Asbestos is associated with mesothelioma and lung conditions and a variety of cancer. Asbestos litigation is the longest-running mass tort in America's history. Asbestos lawsuits are a result of the fact that exposure to asbestos can lead to debilitating and serious health conditions, such as mesothelioma. This is a fatal lung disease that can develop over time. Manufacturers knew that asbestos posed an hazard to consumers and workers, but they did not disclose it. As Passaic asbestos attorney are able to get compensation from the producers of these dangerous products. Defense attorneys in asbestos lawsuits employ a variety of strategies to avoid paying compensation. This often includes filing frivolous motions and hoping that 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 is moved forward. The most significant development in asbestos litigation was the publication of The Restatement of the Law of Torts that stated that anyone who sells a product which is dangerous to someone else is liable for any damages suffered by that person. This ruling opened the floodgates to asbestos lawsuits. A second change was the discovery of hidden documents that revealed that asbestos producers tried to cover up asbestos' dangers. These documents were used in court to strengthen claims by plaintiffs against the asbestos companies. Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it is able to put money aside in trusts with special provisions that pay out settlements to asbestos victims. The amount a business pays to file for bankruptcy is only a fraction of what it would be able to recover in a civil suit. Unfortunately asbestos defendants have been known to contract “experts” who would assist them defend their cases in court by conducting research and publishing papers supported by the asbestos industry. This was an attempt to discredit research-based evidence that asbestos exposure in any form can lead to mesothelioma. Suits Types Many people who contract mesothelioma, or other asbestos-related illnesses, did not realize they were exposed to the toxic substance. Unfortunately, some of the companies that manufactured asbestos-containing products were aware of its dangers and put profit over the health of their customers, but did not communicate this information with the general public. If you or someone close to 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 can also involve personal injury or breach of contract. These cases are ruled on by an adjudicator and parties may file motions or other pleadings throughout the litigation. Statute of Limitations The statute of limitations for asbestos or the time frame for filing a lawsuit against a negligent person, differs by state. In general, personal injury cases must be filed within a period of three years from the date that the victim's symptoms first begin to manifest. Special rules apply in mesothelioma cases. Mesothelioma can be a rare condition that typically does not develop symptoms until years after asbestos exposure. This is why that patients and their families require the assistance of a mesothelioma lawyer to ensure they file their claim on time. While the majority of personal injury claims involve accidents or injuries, asbestos victims face unique circumstances. Mesothelioma, asbestos-related diseases and other illnesses are viewed by law as “disability.” This means that victims may not be aware of or even comprehend their symptoms until they've suffered a substantial loss. This explains why asbestos statutes of limitations have an extended discovery rule to account for the time between the time of exposure and the first manifestation of symptoms. Another aspect that influences the time frame for an asbestos case 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 can work with the victims to file their claims in the appropriate location is crucial. Documentation and reports relating to the diagnosis of asbestos cancer or disease are also important when determining when the statute of limitations begins. A mesothelioma attorney can review the asbestos-related work history of asbestos victims to identify possible locations where asbestos exposure may have occurred. It is important to know that the time period for a statute of limitations may differ depending 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 operations or been sold to other companies. In order to receive the maximum compensation for asbestos-related illnesses and injuries, victims will need to be prepared to make multiple lawsuits. An attorney for mesothelioma can look over the various 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 jury or a judge. The amount of the verdict could be higher or less than a settlement agreement signed by the victim and the company. Asbestos litigation often involves multiple defendants. The plaintiffs' attorneys seek justice for the victims by pursuing the maximum recovery possible from the defendants who contributed to their clients exposure to asbestos. It is crucial to employ lawyers who have experience with asbestos and know how to explain technical and complicated issues to laymen in a way that is easy to understand. In recent years, the biggest jury verdicts in asbestos cases came from multi-district litigation. This is where multiple cases are consolidated and are tried in one location. This allows for economies of scale and a more streamlined procedure for both sides. It also allows jurors to be able to compare results. The “state of art” defense is a matter that can arise during multi-district litigation. This defense states 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 could have uncovered this information through a reasonable inquiry. The Restatement (Second) of Torts, Section 402A, Comment j, lays out the norm. A lot of times, an asbestos victim has suffered from an illness that is less severe, such as asbestosis before developing the more serious cancer mesothelioma. Because the signs of mesothelioma may be similar to other breathing problems and conditions, it is crucial for our asbestos lawyers to retain medical experts who can differentiate the two diseases and demonstrate that mesothelioma can be directly related to the asbestos exposure. In the year 2019 Kazan McClain Satterley & Greenwood obtained a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who had died from mesothelioma. The jury's verdict for the victim and husband was significantly higher than previous verdicts in this case. This is despite defendants arguing that asbestos exposure increased the risk of lung cancer as a result of smoking.