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How to File an Asbestos Lawsuit The defendants have 30 calendar days to respond after the attorney for the victim files an asbestos lawsuit. Most defendants will deny allegations and offer a settlement to settle before the trial starts. A verdict at trial typically results in higher payouts than trust fund claims or settlement offers. Patients should seek out an attorney who has expertise in handling mesothelioma lawsuits. The history of Asbestos Litigation Asbestos is an naturally occurring fibrous mineral that can trigger a wide variety of health issues. Asbestos was used in a myriad of products from the mid-1970s due its strength, fire-resistant properties, and its low cost. Asbestos use soared in the United States during this time and is still present in many older buildings and structures across America. Asbestos has been linked to several types of cancer respiratory diseases, as well as mesothelioma. Asbestos litigation is the longest-running mass injury in American history. Marietta asbestos lawyers arise out of the fact that exposure to asbestos can lead to debilitating and serious health issues, like mesothelioma. It is a serious 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 posed to both consumers and workers but did not disclose this information. As a result of this, asbestos victims may claim compensation from the manufacturer. The defendants in asbestos lawsuits employ different strategies to avoid paying compensation. This includes filing frivolous motions hoping that you die before your case is decided or give up. Our mesothelioma lawyers are skilled in stopping such attempts and ensuring that your claim is taken forward. The most significant development in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts which declared that anyone who sells a product is dangerous to someone else is liable for damages incurred by that person. This ruling opened up the floodgates for asbestos lawsuits. Another interesting development was the uncovered of secret documents 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. If a company declares bankruptcy and declares bankruptcy, it can put funds aside in trusts to pay settlements to asbestos victims. However, the amount the company pays out in bankruptcy proceedings is minimal in comparison to the amount that could be obtained in a civil lawsuit. Unfortunately asbestos defendants have been known to employ “experts” who would assist them in court by conducting research and publishing papers that were supported by the asbestos industry. This was a clear effort to undermine the scientific consensus that exposure to asbestos in any form can cause mesothelioma. Suits Types Many people who suffer from mesothelioma or asbestos-related diseases did not know they were exposed to toxic substances. Some companies that manufactured asbestos-containing products were aware the dangers but decided to prioritize profit over human life. They did not share the information with the general public. If you or someone near you has been diagnosed with asbestos-related disease, you may bring a lawsuit against the company responsible and receive compensation from an asbestos trust. Asbestos lawsuits fall under civil suits. They may also involve personal injury or breach of contract. A judge hears these cases, and parties can file motions and other pleadings in the duration of the litigation. Statute of Limitations The asbestos statute of limitations, or time limit for filing lawsuits against a negligent party is different for each state. Personal injury cases are generally filed within three years from when a victim first experiences symptoms. There are special rules for mesothelioma cases. Mesothelioma is a rare illness that typically does not manifest until years after asbestos exposure. This is why victims and their families require the assistance of a seasoned mesothelioma lawyer to ensure that they make a claim on time. Asbestos sufferers are in a unique situation. Most personal injury claims involve injuries or accidents. Mesothelioma, asbestos-related diseases and other illnesses are viewed by the law as “disability.” This means that victims may not be aware of or understand their symptoms until they've suffered a substantial loss. This is why asbestos statutes provide for a longer period of discovery to account for the time between exposure and first symptoms. Another factor that affects the time frame for asbestos cases is the location of the injured or deceased. Some states have a longer duration of limitation than others. In such cases, a mesothelioma lawyer who knows the proper jurisdiction and can work with the victims to file in the appropriate location is crucial. Medical records and reports that correspond to the diagnosis of asbestos disease or cancer are also essential in determining when the statute of limitations begins. An attorney for mesothelioma can look over the asbestos victims' work histories to find possible areas where asbestos exposure may have occurred. It is also important to remember that the statute of limitations can differ depending on the type of claim and the asbestos employer or manufacturer. This is due to the fact that many asbestos producers have closed their businesses or sold to other businesses. To get the most amount of compensation for asbestos-related illnesses and injuries, victims will require preparation to file multiple lawsuits. A mesothelioma attorney can review the various types of claims for the victim and assist them to determine which defendants to name in their lawsuit. Jury Verdicts The asbestos victims are awarded compensation by a jury or judge. The amount of the verdict could be greater or less than the settlement agreement reached between the victim and company. Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims by pursuing the highest amount of compensation from the defendants responsible for their clients being exposed to asbestos. To increase the odds of winning, it's important to have attorneys who are well-versed in asbestos and are able to present complex and highly technical issues in a way that is easy for a average person to comprehend. 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 tried in one place. This allows for economies of scale as well as more efficient procedures for both parties. It also allows the jury to be able to compare results. One issue that can arise in multi-district litigation is the “state of the state of the art” defense, which states that a manufacturer cannot be held responsible for any damages resulting from exposure to an item unless it was evident at the time of the sale that the product was danger, or in the alternative, a seller could have uncovered such information through reasonable inquiry. The Restatement (Second) of Torts, Section 402A, Comment j, provides the norm. Most often, asbestos victims may have had other illnesses like asbestosis prior to developing the more serious cancer of mesothelioma. Because the signs of mesothelioma may be similar to other breathing problems that is why it is essential for asbestos lawyers to retain medical experts who can distinguish the two illnesses and prove that mesothelioma is related to the asbestos exposure. Kazan McClain Satterley & Greenwood has, for instance, won a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. The jury's verdict for the victim and her husband was much higher than previous verdicts in this case. This was despite defendants ' argument that the worker's exposure to asbestos increased her risk of lung cancer because of her smoking.