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How to File an Asbestos Lawsuit

If a victim's lawyer file an asbestos lawsuit, the defendants have 30 days to respond. The majority of them will contest the allegations and offer a settlement prior to the trial begins.

A verdict at trial typically results in higher awards than trust fund claims or settlement offers. Patients should seek out a law firm that has experience handling mesothelioma cases.

History of Asbestos Litigation

Asbestos is a naturally occurring fibrous material that can trigger a wide variety of health problems. Asbestos was used in a myriad of products from the mid-1970s because of its strength, fire-resistant properties, and its low cost. Asbestos use soared in the United States during this time and continues to be present in a variety of older buildings and structures across America. Asbestos has been linked with different types of cancers, respiratory conditions, and mesothelioma. Asbestos litigation is the longest-running mass tort in the country's history.

Asbestus lawsuits are based on the fact that exposure to asbestos could cause serious and debilitating medical illnesses, including mesothelioma which is a deadly lung disease that can take a long time to develop. When asbestos was used in the manufacturing process, the manufacturers knew of the dangers it posed to consumers and workers, but didn't disclose this information. As a result of this, asbestos-related victims can get compensation from the manufacturers.

The defendants in asbestos lawsuits employ various strategies to avoid paying compensation. This can include filing frivolous motions and hoping that you will pass away or surrender before your case is settled. However, our mesothelioma attorneys are skilled in thwarting these attempts and ensuring that your claim moves forward.

One of the most significant developments in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts which declared that anyone who sells a product is unreasonablely risky to others is liable for damages incurred by the person who sold the product. This ruling opened up the floodgates to asbestos lawsuits.

A second development was the discovery hidden documents which revealed that asbestos manufacturers attempted to hide asbestos's dangers. 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 business declares bankruptcy, it can set funds aside in trusts that provide settlements to asbestos victims. The amount that a company has to pay to file for bankruptcy is a small fraction of what it could recover in a civil suit.

Unfortunately asbestos defendants are known to hire "experts", who would aid them in court by conducting and publishing research that was funded by the asbestos industries. This was an attempt to discredit research-based evidence that asbestos exposure of any kind could cause mesothelioma.

Suits Types

Many people who develop asbestos-related diseases or mesothelioma didn't realize they were exposed substances. Unfortunately, some of the companies that made asbestos-containing products were aware of the risks and put profit over human life, but they did not communicate this information with the public. If you or someone you love has been diagnosed with an asbestos-related illness you may bring a lawsuit against the business responsible for your exposure. You can also seek compensation from an asbestos trust fund.

Asbestos lawsuits are civil suits. They may also involve personal injury or breach of contract. These cases are argued by an adjudicator and parties may file motions or other pleadings during the trial.

Statute of limitations

The asbestos statute of limitations or the time frame for filing a lawsuit against a negligent person, varies by state. Personal injury lawsuits are typically filed within three years from when the victim first starts experiencing symptoms. In mesothelioma cases, however, special rules apply. Mesothelioma is a rare disease that usually does not show symptoms until decades after exposure to asbestos. This is why victims and their families require the help of an experienced mesothelioma lawyer to ensure that they make a claim on time.

Although the majority of personal injury cases result from injuries or accidents asbestos victims are in an unusual situation. Mesothelioma and asbestos-related diseases as well as other illnesses are viewed by law as "disability." This means that patients may not be aware of or comprehend their symptoms until after they have suffered a major loss. asbestos lawsuit settlement amounts is why asbestos statutes of limitations include an extended discovery rule to account for the delay between the dates of exposure and the first appearance of symptoms.

Another factor that affects the time limit for asbestos cases 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 situations it is crucial to find a mesothelioma lawyer that knows the appropriate jurisdiction and can assist victims to submit their claims in the right place.

Documentation and reports relating to the diagnosis of asbestos cancer or disease are also crucial when determining when the statute of limitations starts. A mesothelioma lawyer can look over the asbestos victim's employment background to determine the potential areas where asbestos exposure may have occurred.

It is important to remember that the time period for a statute of limitations may differ based on the type of claim, and even the asbestos manufacturer or employer. Many asbestos producers have either closed or been sold to another company. As a result, victims need to be prepared to sue several parties in order to receive maximum compensation for their asbestos-related illnesses and injuries. A mesothelioma lawyer can assist victims determine the best plaintiffs for their lawsuit by reviewing different kinds of claims.

Jury Verdicts

A judge or jury awards compensation to asbestos victims. The amount of the award may be higher or lower than a settlement agreement reached by the victim and the company.

Asbestos litigation often involves multiple defendants. The attorneys of the plaintiffs seek justice for the victims, requesting the highest amount of compensation possible from the defendants who contributed to their clients' exposure to asbestos. It is important to hire attorneys who have expertise in asbestos and can explain technical and complex issues to laypeople in a way that is easy to understand.

In recent years, the most significant verdicts of juries in asbestos cases occurred in multi-district litigation. This is when multiple cases are consolidated and argued in one location. This creates economies of scale and a smoother process for both parties, as well as allowing jurors to see a consistent pattern in the results.

The "state of the art" defense is a matter that can arise during multi-district litigation. This defense says that a manufacturer cannot be held accountable for damages when they knew at the time of purchase that the product was hazardous or alternatively, a seller could have uncovered this information by conducting an appropriate inquiry. The Restatement (Second) of Torts, Section 402A, Comment j, lays out the norm.

Mesothelioma can be a more serious cancer that can be found after an asbestos victim has been suffering from a less serious illness, such as asbestosis. As the symptoms of mesothelioma are comparable to other breathing diseases, it is essential that our asbestos lawyers work with medical experts to distinguish between the two types of cancer.

In the year 2019 Kazan McClain Satterley & Greenwood obtained a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who passed away from mesothelioma. The jury's verdict for the victim and her husband was considerably more than the previous verdicts for this case, despite the defendants' argument that smoking increased the risk of developing lung cancer from her asbestos exposure.

Website: https://www.asbestosclassactionlawsuit.top/