Notes

Ten Lawsuit Asbestos That Will Make Your Life Better
How to File an Asbestos Lawsuit

The defendants have 30 calendar days to respond after a victim's attorney file an asbestos lawsuit. The majority of defendants will deny the allegations and offer a settlement before the trial gets underway.

A trial verdict usually results in higher awards than trust fund claims or settlement offers. Patients should choose an attorney firm with experience in handling mesothelioma claims.

History of Asbestos Litigation

Asbestos, a fibrous mineral that is found in nature, can cause health issues in a variety of ways. Due to its strength, fire-retardant capabilities and low cost, asbestos was utilized in a variety of products up to the mid-1970s. Asbestos use soared in the United States during this time and continues to be present in many older structures and buildings across America. Asbestos is linked to mesothelioma, lung diseases, and several types of cancer. Asbestos litigation is the longest-running mass tort in America's history.

Asbestus lawsuits stem from fact that exposure to asbestos can cause serious and debilitating medical diseases, such as mesothelioma which is a fatal lung disease that can take years to develop. When asbestos was used, manufacturers knew about the dangers it posed to workers and consumers but they did not divulge this information. As a result of this, asbestos-related victims can claim compensation from the manufacturer.

Defense attorneys in asbestos lawsuits employ a variety tactics to avoid paying compensation. This usually involves filing frivolous motions, hoping that you will die or quit before your case is resolved. However, our mesothelioma lawyers are adept in thwarting these attempts and ensuring your claim moves forward.

The publication of The Restatement of the Law of Torts in 1965 was a significant development for asbestos litigation. It ruled that anyone selling an item to another person who is unsafe for the reason that it is will be liable for any damage that are incurred by that other person. This ruling opened up the floodgates for asbestos lawsuits.

Another development was the discovery hidden documents which revealed that asbestos producers tried to cover up the dangers of asbestos. These documents were used by plaintiffs in court to support their claims against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy it is able to set funds aside in trusts to provide settlements to asbestos victims. The amount a business has to pay to file for bankruptcy is only a fraction of what it would get in a civil lawsuit.

However asbestos defendants have been known to hire "experts" who would assist them defend their cases in court by conducting research and submitting papers paid for by the asbestos industry. This was a clear attempt to undermine the scientific consensus that exposure to asbestos in any form could cause mesothelioma.

Suits Types

Many people who suffer from mesothelioma or other asbestos-related diseases did not realize that they were exposed to the toxic substance. Some companies that made asbestos-containing products were aware of the risks but decided to prioritize profit over the life of a human being. They did not divulge the information with the general public. If you or someone close to you has been diagnosed with an asbestos-related disease, you may sue the responsible company and receive compensation from an asbestos trust.

Asbestos lawsuits are civil suits and can also be a part of cases involving personal injury as well as breach of contract. These cases are heard by a judge, and parties can file motions or other pleadings throughout the process of litigation.

Statute of Limitations

The statute of limitations for asbestos or the time frame for filing lawsuits against a negligent party differs by state. In general, personal injury cases must be filed within three years from the date the victim's symptoms first begin to manifest. Special rules apply in mesothelioma-related cases. Because mesothelioma symptoms usually do not manifest until years after exposure to asbestos. This is why victims and their families need the assistance of an experienced mesothelioma attorney to ensure they file a claim in time.

Asbestos victims are in a unique situation. Grand Prairie asbestos attorney deal with accidents or injuries. The law regards mesothelioma and other asbestos-related illnesses as resulting from "disability," meaning that patients may not be aware of or comprehend the severity of their ailments until they have already suffered an extensive loss. This is why asbestos laws have a longer discovery period to account for the time between exposure and the first onset of symptoms.

Another aspect that influences the statute of limitations for asbestos cases is the location of the victim or deceased. Certain states have a longer duration of time to file a claim than other. 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.

Medical records and reports that correspond to the diagnosis of an asbestos-related cancer or disease are also important in determining when the statute of limitations begins. An attorney for mesothelioma may review the asbestos victims' work history to identify possible locations where asbestos exposure may have occurred.

It is also important to remember that statutes of limitation may vary by type of claim and even the asbestos employer or manufacturer. This is because a lot of asbestos producers have shut down their businesses or sold to other businesses. Therefore, asbestos victims must be prepared to sue several parties to get maximum compensation for asbestos-related diseases and injuries. A mesothelioma lawyer will help victims identify the most appropriate plaintiffs for their lawsuit by analyzing different kinds of claims.

Jury Verdicts

A jury or judge award compensation to asbestos victims. The amount of the verdict may 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 seeking the maximum recovery possible from the defendants who contributed to their clients exposure to asbestos. To increase the odds of winning, it is important to have attorneys who are well-versed in asbestos and who know how to present complex and technical issues in a manner that is easy for a average person to comprehend.

In recent years, the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, in which the cases are combined for trial in a single venue. This creates economies of scale and a more streamlined procedure for both parties as well as allowing jurors to see a consistent pattern in the results.

One issue that may 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 risk or, in the alternative, a seller could have uncovered such information through an appropriate investigation. The Restatement (Second) of Torts, Section 402A Comment j, lays out the standard.

Mesothelioma is a serious cancer that can develop after an asbestos victim has been suffering from an illness that is less severe such as asbestosis. Because the signs of mesothelioma can be similar to other breathing ailments, it is important for asbestos lawyers to retain medical experts who can differentiate the two diseases and demonstrate that mesothelioma can be directly connected to asbestos exposure.


Kazan McClain Satterley & Greenwood, for example, secured a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. The jury's award for the victim and her husband was significantly higher than previous verdicts for this case, despite the defense that smoking increased the risk of lung cancer as a result of her exposure to asbestos.

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