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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. Most will deny the allegations and offer a settlement before the trial starts. However the verdict of a trial typically yields higher awards than settlement offers or trust fund claims. Patients should hire an attorney who has expertise in handling mesothelioma lawsuits. The History of Asbestos Litigation Asbestos is a naturally occurring fibrous mineral that can cause a wide variety of health issues. Asbestos was used in a wide range of products until the mid-1970s due its durability, fire-resistant properties, and low cost. In the mid-1970s asbestos usage in the United States peaked. It is still present in a variety of older structures and buildings in America. Asbestos has been linked with several types of cancer respiratory ailments, mesothelioma. Asbestos litigation has been the longest-running mass injury in the history of America. Asbestos-related lawsuits result of the fact that exposure to asbestos can cause serious and debilitating health conditions, such as mesothelioma. It is a serious lung disease that can develop over the course of time. When asbestos was used in the manufacturing process, the manufacturers knew of the dangers it could pose to workers and consumers but did not disclose the information. As a result, asbestos victims can claim compensation from the makers of these dangerous products. Defense lawyers in asbestos lawsuits employ a variety of methods to evade paying compensation. This can include filing frivolous motions, hoping that you will die or give up before the case is settled. However, our mesothelioma attorneys are skilled at thwarting such efforts 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 ruled that anyone selling a product to another person who is dangerous in any way will be liable for any damage that are suffered by that other person. This ruling opened the floodgates to asbestos lawsuits. Another interesting development was the uncovered of hidden documents that revealed asbestos companies tried to hide asbestos's health risks. These documents were used in court to strengthen claims brought by plaintiffs against asbestos companies. Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it is able to set aside money in trusts that specifically offer settlements to asbestos victims. However, the amount that an organization pays in bankruptcy proceedings is minuscule in comparison to the amount that could be recovered in a civil suit. As a matter of fact asbestos defendants have been known to contract “experts” who would help them defend their cases in court by conducting research and publishing papers that were funded by the asbestos industry. This was a deliberate attempt to discredit the scientific consensus that asbestos exposure in any form can cause mesothelioma. Suits Types Many people who develop mesothelioma or asbestos-related illnesses did not know they were exposed substances. Unfortunately, many of the companies that manufactured asbestos-containing products were aware of the risks and put profits ahead of human life, but 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 suits. They may also involve personal injury or breach of contract. A judge is the judge in these cases, and the parties may file motions and other pleadings in the course of litigation. Statute of limitations The asbestos statute of limitation or the time frame for filing an action against a negligent party differs by state. In general, personal injury cases must be filed within a three-year window from the date that the victim's symptoms first begin to manifest. Particular rules are in place for mesothelioma cases. The reason for this is that mesothelioma-related symptoms usually do not manifest until decades after exposure to asbestos. This is why the victims and their families need the help of an experienced mesothelioma attorney to ensure they submit a claim on time. Asbestos sufferers are in a unique position. Most personal injury cases involve injuries or accidents. Mesothelioma, asbestos-related illnesses and other diseases are classified by law as “disability.” This means that patients may not be aware of or even comprehend their symptoms until after they have suffered a significant loss. This is why asbestos statutes of limitations have an extended discovery rule to account for the delay between the dates of exposure and the first manifestation of symptoms. Another aspect that influences the statute of limitations for an asbestos case is the location of the person who was injured or deceased. This is because certain states have an extended statute of limitations than others. In these cases, an attorney for mesothelioma who is aware of the right jurisdiction and can work with the victims to file in that location is essential. Documentation and reports relating to the diagnosis of asbestos cancer or disease are crucial in determining when the statute of limitations begins. A mesothelioma attorney can review the asbestos victims' work histories to identify possible locations of asbestos exposure. New Orleans asbestos attorney is important to remember that the time limit for filing a claim can differ depending on the type of claim, and even the asbestos manufacturer or employer. This is due to the fact that many asbestos producers have shut down their businesses or sold to other businesses. To receive the most amount of amount of compensation for asbestos-related diseases or injuries, the victims need to be prepared to make multiple lawsuits. A mesothelioma lawyer can assist victims identify the most appropriate defendants to sue by analyzing different kinds of claims. Jury Verdicts The asbestos victims are awarded compensation by a jury or judge. The amount of the award may be higher or lower than the settlement agreement reached between the company and the plaintiff. Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims by seeking the highest amount of compensation from the defendants responsible for their clients being exposed to asbestos. To increase the odds of winning, it is important to have lawyers who are knowledgeable about asbestos and are able to explain complex and technical issues in a manner that is easy for a lay person 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 tried in one place. This creates economies of scale and a smoother procedure for both parties as well as allowing the jury to be able to see consistency in the verdicts. The “state of the art” defense is a matter that may arise in multi-district litigation. This defense states that a manufacturer cannot be held accountable for damages in the event that they knew at time of purchase that the product was dangerous or, alternatively, a seller could have uncovered this information through an appropriate inquiry. The standard is set by the Restatement (Second), Section 402A Comment j. Often, an asbestos victim has suffered from other illnesses like asbestosis prior to developing the more serious cancer mesothelioma. Since the symptoms of mesothelioma are similar to other breathing conditions, it is crucial that asbestos lawyers have medical experts to distinguish between the two types of cancer. For instance, in the year the year 2019, Kazan McClain Satterley & Greenwood secured a $12 million verdict against Johnson & Johnson and Colgate-Palmolive for a worker who had died from mesothelioma. The jury's verdict for the husband and victim was much higher than the previous verdicts in this case. This was despite defendants arguing that the worker's exposure to asbestos increased her risk of lung cancer due to her smoking.