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How to File an Asbestos Lawsuit Once a victim's lawyer file an asbestos lawsuit, the defendants have 30 days to respond. Most will deny the allegations and offer a settlement prior to the trial starts. However it is true that a verdict in a trial usually results in higher settlement offers or trust fund claims. Patients should always hire an attorney firm that has national expertise in handling mesothelioma cases. The 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 durability and fire-retardant properties, as well as its low cost, asbestos was employed in many different products until the mid-1970s. Asbestos consumption peaked in the United States during this time and is still present in a variety of older structures and buildings across America. Asbestos has been linked with various types of cancer respiratory diseases, as well as mesothelioma. Asbestos litigation is the longest-running mass tort in the country's history. Asbestos lawsuits arise out of the fact that exposure to asbestos can lead to serious and debilitating health conditions, such as mesothelioma. This is a fatal lung condition that can manifest over the course of time. When asbestos was used in the manufacturing process, the manufacturers were aware of the dangers it presented to both consumers and workers but did not disclose this information. Therefore 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 with the intention that you die before your case is decided or simply give up. Our mesothelioma lawyers are proficient in stifling 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 declared that anyone who sells an item to another person who is unsafe for the reason that it is is liable for any damages that are suffered by that other person. This ruling opened the floodgates of asbestos lawsuits. Another interesting development was the uncovered of documents hidden from view which revealed that asbestos manufacturers attempted to cover up asbestos's health risks. These documents were used in court to strengthen the lawsuits 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 special trusts that offer settlements to asbestos victims. However, the amount an organization pays in bankruptcy proceedings is small compared to what could be obtained in a civil lawsuit. However asbestos defendants have been known to contract “experts” who would help them in court by conducting research and publishing papers that were paid for by the asbestos industry. This was a clear attempt to discredit the scientific consensus that exposure to asbestos in any form could cause mesothelioma. Suits of different types Many people who suffer from mesothelioma or asbestos-related illnesses did not know they were exposed to toxic substances. Unfortunately, a few companies that produced asbestos-containing products were aware of its dangers and put profit over human life, but did not disclose this information with the public. If you or someone you care about has been diagnosed with an asbestos-related disease you may make a claim against the company that was responsible for your exposure and receive compensation from an asbestos trust fund. Asbestos lawsuits are civil suits, which also include cases involving personal injury as well as breach of contract. These cases are heard by a judge and parties may make motions or other pleadings during the trial. Statute of limitations The statute of limitations for asbestos or the time frame to bring a lawsuit against someone who is negligent is different from state to state. In general, personal injury cases must be filed within three years from the date that a victim's symptoms first appear. There are Troy asbestos attorney for mesothelioma-related cases. The reason for this is that mesothelioma-related symptoms typically do not show until years after exposure to asbestos. This is the reason that the victims and their families require the help of mesothelioma lawyers to ensure that they file their claim on time. Asbestos sufferers are in a unique situation. Most personal injury cases deal with accidents or injuries. The law regards mesothelioma and other asbestos-related diseases as resulting from “disability,” meaning that patients may not be aware or comprehend the severity of their ailments until they have already suffered a significant loss. This is the reason why asbestos statutes of limitation have an extended discovery rule to account for the time between the time of exposure and the first appearance of symptoms. The place of the person who was injured or the deceased person's location can determine the time frame for an asbestos case. This is due to the fact that some states have the statute of limitations longer than others. In these cases, an attorney for mesothelioma who is aware of the right jurisdiction and can work with the victims to file a claim in the appropriate location is crucial. Medical records and reports that correspond to the diagnosis of an asbestos-related cancer or disease are also important in determining when a limitation period begins. A mesothelioma lawyer will look over the asbestos victim's employment background to determine the potential areas of asbestos exposure. It is important to note that the statute of limitations can vary depending on the type of claim and even by the asbestos manufacturer or employer. Many asbestos manufacturers have either closed or been sold to another company. As a result, victims need to be prepared to sue multiple parties to ensure they receive the maximum compensation for their asbestos-related illnesses and injuries. A mesothelioma lawyer will help victims identify the most appropriate defendants to sue by analyzing different types of claims. Jury Verdicts The asbestos victims are awarded compensation by a jury or judge. The amount of the verdict can be greater or smaller than a settlement agreement reached by the victim and company. Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for the victims by seeking the highest amount of compensation from defendants who contributed to the exposure of their clients to asbestos. It is important to hire lawyers who have experience with asbestos and can explain complex and technical issues to laymen in a way that is easy to understand. In recent years, the most significant jury verdicts in asbestos cases have been in 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 and more efficient procedures for both sides. It also allows the jury to see consistency of results. The “state of art” defense is one issue that can arise during multi-district litigation. This defense states that a manufacturer is not liable for damages if they knew at the time of purchase that the product was a risk or alternatively, a seller would have known this information by conducting an informed inquiry. The standard is established by the Restatement (Second) Section 402A. Comment j. Mesothelioma can be a more serious cancer that can develop after an asbestos victim has suffered from a less serious illness like asbestosis. Since the symptoms of mesothelioma may be similar to other breathing problems, it is important for asbestos lawyers to have medical experts who can differentiate the two diseases and demonstrate that the mesothelioma is directly linked to the asbestos exposure. In the year the year 2019, Kazan McClain Satterley & Greenwood obtained a verdict of $12 million against Johnson & Johnson and Colgate-Palmolive for a worker who had died from mesothelioma. The jury's verdict for the victim and her husband was significantly higher than previous verdicts in this case, despite defendants' argument that smoking cigarettes increased the risk of lung cancer due to asbestos exposure.