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How to File an Asbestos Lawsuit The defendants have 30 calendar days to respond after the victim's lawyer file an asbestos lawsuit. Most will contest the allegations and offer a settlement before the trial gets underway. However, a trial verdict typically will result in higher payouts than settlement offers or trust fund claims. Patients should seek out an attorney who has expertise in handling mesothelioma lawsuits. The History of Asbestos Litigation Asbestos, a mineral that is fibrous found in nature, could cause health issues in a variety of ways. Asbestos was utilized in a myriad of products up until the mid-1970s because of its durability, fire-resistant properties, and low cost. Asbestos consumption peaked in the United States during this time and is still present in many older structures and buildings across America. Asbestos is linked to various types of cancer, respiratory conditions, and mesothelioma. Asbestos litigation is the longest-running mass injury in American history. Asbestos lawsuits are a result of the fact that asbestos exposure can cause serious and debilitating health conditions, such as mesothelioma. This is a fatal lung condition that can manifest over time. When asbestos was used, the makers knew of the dangers it presented to both consumers and workers but didn't disclose the information. Therefore, asbestos victims can get compensation from the producers of these dangerous products. Defense lawyers in asbestos lawsuits employ a variety methods to evade paying compensation. This could include filing frivolous motions hoping that you die before your case is decided or give up. Our mesothelioma lawyers are proficient in stifling such attempts and ensuring that your claim gets 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 hazardous to another person is liable for damages incurred by the person who sold the product. This ruling opened up the floodgates to asbestos lawsuits. Another development was the discovery hidden documents that revealed asbestos producers tried to cover up the dangers of asbestos. 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 can set aside money in trusts that specifically provide 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. However, asbestos defendants are also often known to employ “experts” who assist them in court by conducting and publishing research that was supported by asbestos companies. This was an attempt to discredit scientific consensus that asbestos exposure in any form can lead to mesothelioma. Suits Types Many people who suffer from mesothelioma, or other asbestos-related illnesses, did not realize that they were exposed to the dangerous substance. 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 public. If you or someone near you has been diagnosed with an asbestos-related illness, you can bring a lawsuit against the company responsible and receive compensation from an asbestos trust. Asbestos lawsuits are civil suits. They can also involve personal injury or breach of contract. These cases are argued by an adjudicator and parties may submit motions or other pleadings throughout the trial. Statute of Limitations The asbestos statute of limitations or the time frame for filing a lawsuit against a negligent party, varies by state. In general, personal injury lawsuits must be filed within a three-year window from the date a victim's symptoms first appear. There are special rules for mesothelioma cases. The reason for this is that mesothelioma-related symptoms usually do not manifest until years after exposure to asbestos. This is why victims and their families require the help of an experienced mesothelioma attorney to ensure they make a claim on time. Although the majority of personal injury cases involve injuries or accidents asbestos victims are in a unique situation. The law considers mesothelioma as well as 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 an extensive loss. This is why asbestos statutes of limitations have an extended discovery rule to account for the delay between the date of exposure and the first manifestation of symptoms. The place of the person who was injured or the deceased can also affect the statute of limitation for asbestos cases. This is because some states have the statute of limitations longer than others. In such cases, a mesothelioma lawyer who knows the appropriate jurisdiction and who can work with the victims to file a claim in that location is essential. Medical documentation and reports corresponding to the diagnosis of an asbestos disease or cancer are also crucial in determining the time when a statute of limitations begins. An attorney for mesothelioma can look over the asbestos victims' work history to find possible areas where asbestos exposure may have occurred. It is important to remember that the statute of limitations can differ based on the type of claim, and even by the asbestos manufacturer or employer. This is because many asbestos producers have shut down their businesses or sold to other companies. To receive the most compensation for asbestos-related illnesses or injuries, victims need to be prepared to make multiple lawsuits. A mesothelioma lawyer can assist victims identify the most appropriate plaintiffs for their lawsuit by analyzing various types of claims. Jury Verdicts The asbestos victims are awarded compensation by a judge or jury. The amount of the verdict may be higher or lower than the settlement agreement negotiated between the company and the victim. Miramar asbestos lawsuit involves multiple defendants. The plaintiffs' lawyers seek justice for the victims by seeking the maximum recovery possible from the defendants responsible for their clients' exposure to asbestos. It is crucial to employ lawyers who have worked with asbestos and can explain technical and complicated issues to laypeople in a manner that is easy to comprehend. In recent years, the most significant jury verdicts in asbestos cases have been based on multi-district litigation. In this type of litigation, there are multiple cases that are consolidated to be tried in one location. This allows for economies of scale as well as a more streamlined procedure for both sides. It also allows jurors to see consistency of results. One issue that could arise in multi-district litigation is the “state of the art” defense that states that a manufacturer is not accountable for damages resulting from exposure to a product unless it was known at the time of the sale that the product could pose a danger or, in the alternative, a seller might have discovered this information through an appropriate inquiry. The standard is set by the Restatement (Second) Section 402A. Comment j. Mesothelioma is a serious form of cancer that can develop after an asbestos victim has been suffering from a less serious illness such as asbestosis. As the symptoms of mesothelioma resemble other breathing diseases, it is essential that asbestos lawyers have medical experts to distinguish between the two conditions. For example, in the year 2019, Kazan McClain Satterley & Greenwood won a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who died from mesothelioma. The verdict of the jury in favor of the victim and husband was significantly higher than the previous verdicts in this case. This is despite defense that asbestos exposure increased her risk of developing lung cancer because of her smoking.