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How to File an Asbestos Lawsuit When a lawyer for a victim files an asbestos lawsuit, the defendants have 30 days to respond. Most defendants will deny allegations and offer a settlement before the trial gets underway. However the verdict of a trial typically will result in higher payouts than settlement offers or trust fund claims. Patients should hire an attorney firm with experience in handling mesothelioma claims. The history of Asbestos Litigation Asbestos, a fibrous mineral that is found in nature, can cause health issues in a variety of ways. Because of its durability and fire-retardant properties, as well as its low cost, asbestos was employed in a variety of products up to the mid-1970s. In the mid-1970s, asbestos consumption in the United States peaked. It remains in a variety of older structures and buildings in America. Yakima asbestos attorney has been linked to several types of cancer, respiratory conditions, and mesothelioma. Asbestos lawsuits are the longest-running mass tort in the country's history. Asbestus lawsuits are based on the fact that exposure to asbestos can cause serious and debilitating medical diseases, such as mesothelioma which is a life-threatening lung disease that can take decades to develop. When asbestos was used in the manufacturing process, the manufacturers knew of the dangers it presented to both consumers and workers but did not disclose this information. As a result, asbestos victims are able to seek compensation from the manufacturers of these dangerous products. Plaintiffs in asbestos lawsuits employ various strategies to avoid paying compensation. This usually involves filing frivolous motions, hoping that you will die or give up before your case is settled. Our mesothelioma lawyers are proficient in thwarting such efforts and ensuring that your claim gets forward. The publication of The Restatement of the Law of Torts in 1965 was a significant step for asbestos litigation. It stated that anyone selling an item to another person who is dangerous in any way can be held accountable for any damages that are incurred by that other person. This ruling opened up the floodgates for asbestos lawsuits. Another development was the discovery of documents hidden from view which revealed that asbestos manufacturers attempted to hide the health hazards of asbestos. These documents were used in court to support the lawsuits brought by plaintiffs against asbestos companies. Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a business declares bankruptcy, it can save money in special trusts that provide settlements to asbestos victims. However, the amount a company pays in bankruptcy proceedings is small compared to what could be obtained in a civil lawsuit. However asbestos defendants are also recognized for hiring “experts” who assist them in court by conducting and publishing research funded by the asbestos industries. This was an obvious attempt to discredit the scientific consensus that exposure to asbestos in any form can lead to mesothelioma. Suits Types Many people who develop mesothelioma or asbestos-related illnesses didn't realize they were exposed to toxic substances. Some companies that made asbestos-containing products were aware the dangers but decided to prioritize profits over the life of a human being. They did not share the information with the general public. If you or someone near you has been diagnosed with an asbestos-related disease, you may sue the company responsible and receive compensation from an asbestos trust. Asbestos lawsuits are civil suits. They can also be a result of personal injury or breach of contract. These cases are heard by an adjudicator, and parties can submit motions or other pleadings throughout the process of litigation. Statute of Limitations The statute of limitations for asbestos, or time limit for filing lawsuits against a negligent party, differs by state. In general, personal injury cases must be filed within three years from the date a victim's symptoms first appear. In mesothelioma cases, however there are special rules in place. Mesothelioma is a rare illness that typically does not develop symptoms until years after exposure to asbestos. This is why that victims and their families need the assistance of mesothelioma attorneys to ensure they file their claim on time. While most personal injury claims involve injuries or accidents asbestos victims are in a unique situation. Mesothelioma and asbestos-related diseases as well as other illnesses are viewed by the law as “disability.” This means that victims may not be aware of or even comprehend their symptoms until they've suffered a substantial loss. This is why asbestos statutes of limitation have an extended discovery rule to account for the time between the time of exposure and the initial manifestation of symptoms. Another factor that affects the statute of limitations for asbestos cases is the location of the person who was injured or deceased. Some states have a longer time of limitation than other. In these cases, an attorney who is knowledgeable about the appropriate jurisdiction and who can work with the victims to file their claims in that location is essential. Documentation and reports relating to the diagnosis of asbestos cancer or a disease are also important when determining when the statute of limitation begins. An attorney for mesothelioma can look over the asbestos victims' work histories to determine the possible places where asbestos exposure may have occurred. It is also important to keep in mind that the statute of limitations can differ based on the kind of claim, and even the asbestos manufacturer or employer. This is due to the fact that many asbestos manufacturers have closed their operations or been sold to other businesses. As a result, victims need to be prepared to sue multiple parties to get maximum compensation for asbestos-related illnesses and injuries. A mesothelioma lawyer will help victims identify the most appropriate defendants to sue by reviewing different types of claims. Jury Verdicts A jury or judge award compensation to asbestos victims. The amount of the award could be higher or lower than the settlement agreement that was reached between the victim and company. Asbestos litigation often involves multiple defendants. The plaintiffs' lawyers seek justice for the victims, requesting the maximum recovery possible from the defendants who contributed to their clients' exposure to asbestos. To maximize the chances of winning, it is essential to have lawyers who are familiar with asbestos and know how to present complex and technical issues in a manner that is simple for a non-specialist to comprehend. In recent years, the largest jury verdicts in asbestos cases came from multi-district litigation. This is where several cases are consolidated and tried in one place. This allows for economies of scale and a more streamlined procedure for both sides. It also allows jurors to be able to compare results. The “state of the art” defense is a common issue that can arise during multi-district litigation. This defense states that a manufacturer cannot be held accountable for damages in the event that they knew at time of purchase that the product was a risk or alternatively, a seller could have discovered this information through a reasonable inquiry. The standard is set by the Restatement (Second), Section 402A Comment j. A lot of times, an asbestos victim may have had other illnesses like asbestosis before acquiring the more serious cancer of mesothelioma. As the symptoms of mesothelioma resemble other breathing conditions, it is crucial that asbestos lawyers have medical experts to distinguish between the two diseases. For instance, in the year 2019, Kazan McClain Satterley & Greenwood secured a $12 million verdict against Johnson & Johnson and Colgate-Palmolive for a worker who passed away from mesothelioma. The verdict of the jury in favor of the victim and husband was significantly higher than previous verdicts in this case. This is despite the defendants arguing that the worker's exposure to asbestos increased the risk of lung cancer because of her smoking.