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How to File an Asbestos Lawsuit The defendants have 30 calendar days to reply after a victim's attorney file an asbestos lawsuit. Most will deny the allegations and offer a settlement before the trial gets underway. However it is true that a verdict in a trial usually results in higher settlement offers or trust fund claims. Patients should hire an attorney who has experience handling mesothelioma cases. The history of Asbestos Litigation Asbestos, a mineral that is fibrous that is found in nature, can cause many health problems. Asbestos was utilized in a wide range of products from the mid-1970s due to its durability, fire retardant properties and low price. During this time, asbestos consumption in the United States peaked. It is still present in a variety of older structures and buildings in America. Asbestos has been linked to mesothelioma and lung conditions and various types of cancer. Asbestos litigation is the longest-running mass tort in the nation's history. Asbestus lawsuits stem from the fact that exposure to asbestos could cause serious and debilitating medical illnesses, including mesothelioma which is a fatal lung disease that can take decades to develop. When asbestos was used, manufacturers were aware of the dangers it could pose to both consumers and workers but didn't disclose this information. As a result asbestos victims are able to seek compensation from the manufacturers of the dangerous products. The defendants in asbestos lawsuits employ different strategies to avoid paying compensation. This can include filing frivolous motions hoping that you will die before the case is resolved or give up. Our mesothelioma lawyers are skilled in stopping such attempts and ensuring that your claim is taken forward. The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It stated that anyone who sells a product to another person who is dangerous in any way is liable for any damages which are suffered by the other person. This ruling opened the floodgates of asbestos lawsuits. Another breakthrough was the discovery of secret documents that revealed asbestos companies tried to hide the health hazards of asbestos. These documents were used by plaintiffs in court to prove their claims against asbestos companies. Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it has the option to set aside money in special trusts that pay out settlements to asbestos victims. However, the amount a company pays in bankruptcy proceedings is small when compared to the amount that can be obtained in a civil lawsuit. Unfortunately asbestos defendants have been known to employ “experts” who would help them defend their case in court by conducting research and publishing papers paid for by the asbestos industry. This was an obvious attempt to undermine the scientific consensus that exposure to asbestos in any form can cause mesothelioma. Types of Suits Many people who suffer from asbestos-related diseases or mesothelioma did not know they were exposed substances. Some companies that manufactured asbestos-containing products were aware the dangers but decided to put profits before the life of a human being. They didn't share the information with the general public. If you or someone close to you has been diagnosed with asbestos-related disease, you can sue the responsible company and receive compensation from an asbestos trust. Asbestos lawsuits are considered civil suits. They may also involve personal injury or breach of contract. A judge decides on these cases, and the parties may file motions and other pleadings throughout the course of litigation. Statute of Limitations The asbestos statute of limitations or time period for filing lawsuits against a negligent person, varies by state. In general, personal injury lawsuits must be filed within three years from the time the victim's symptoms first begin to manifest. There are special rules for mesothelioma situations. The reason for this is that mesothelioma-related symptoms usually don't manifest until decades after exposure to asbestos. This is why victims and their loved ones need the assistance of an experienced mesothelioma attorney to ensure they file a claim in time. Asbestos sufferers are in a unique position. Most personal injury cases involve injuries or accidents. Mesothelioma, asbestos-related illnesses and other illnesses are considered by the law as “disability.” This means that the victims might not be aware of or comprehend their symptoms until they have suffered a significant loss. This is the reason asbestos laws provide for a longer period of discovery to account for the time between exposure and the first onset of symptoms. The place of the person who was injured or the deceased can also determine the time frame for asbestos cases. This is because certain states have a longer statute of limitations than others. In Clarksville asbestos lawsuits , an attorney for mesothelioma who is aware of the proper jurisdiction and is able to work with the victims to file a claim in the appropriate location is crucial. Documentation and reports relating to the diagnosis of asbestos-related cancer or disease are also crucial when determining the time when the statute of limitations begins. A mesothelioma lawyer will review the asbestos victim's work history to identify potential locations of asbestos exposure. It is important to note that the time limit for filing a claim can differ depending on the type of claim and even the asbestos manufacturer or employer. Many asbestos companies have closed or been sold to a different company. To receive the most amount of compensation for asbestos-related diseases or injuries, the victims have to be prepared to make multiple lawsuits. A mesothelioma lawyer will help victims choose the most suitable defendants to sue by reviewing different types of claims. Jury Verdicts The victims in asbestos lawsuits are awarded compensation by a judge or jury. The amount of the award could be higher or lower than the settlement agreement reached between the victim and company. Asbestos litigation often involves multiple defendants. The attorneys of the plaintiffs seek justice for the victims by pursuing the maximum recovery possible from the defendants responsible for their clients' exposure to asbestos. It is important to hire lawyers who have worked with asbestos and know how to explain technical and complicated issues to lay people in a way that is easy to understand. In recent years, the biggest jury verdicts in asbestos cases occurred in multi-district litigation. This is where multiple cases are consolidated and argued in one location. This allows for economies of scale and a smoother process for both parties, and allows jurors to see a consistent pattern in the results. One issue that can arise in multi-district litigation is the “state of the art” defense, which states that a manufacturer cannot be held accountable for damages resulting from exposure to a product in the event that it was discovered at the time of the sale that the product was danger, or in the alternative, a buyer could have discovered such information through an appropriate investigation. The Restatement (Second) of Torts, Section 402A, Comment j, provides the legal standard. A lot of times, an asbestos victim has suffered from other illnesses like asbestosis prior to developing the more serious cancer mesothelioma. Because the symptoms of mesothelioma may be similar to those of other breathing ailments and conditions, it is crucial for asbestos lawyers to engage medical experts who can differentiate the two diseases and demonstrate that mesothelioma is linked to the asbestos exposure. Kazan McClain Satterley & Greenwood, for example, secured a $12,000,000 verdict 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 considerably higher than previous verdicts for this case, despite defense of the defendants that the worker's smoking increased the risk of developing lung cancer due to asbestos exposure.