How to File an Asbestos Lawsuit

Once a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. Most will contest the allegations and offer a settlement before the trial begins.

However, a trial verdict typically results in higher settlement offers or trust fund claims. Patients should choose a law firm that has experience in handling mesothelioma claims.

History of Asbestos Litigation

Asbestos, a fibrous mineral that is found in nature, can cause a variety of health issues. Due to its strength and fire-retardant abilities, as well as its low cost, asbestos was used in many different products until the mid-1970s. Asbestos use soared in the United States during this time and continues to be present in a variety of older structures and buildings across America. Asbestos has been linked to various types of cancer, respiratory conditions, and mesothelioma. Asbestos lawsuits have been the longest-running mass injury in the history of America.

Asbestos lawsuits arise out of the fact that asbestos exposure can cause serious and debilitating health conditions, such as mesothelioma. This is a deadly lung condition that can develop over decades. When asbestos was used, the makers were aware of the dangers it posed to both consumers and workers but did not disclose this information. Because of this, asbestos victims can seek compensation from the manufacturers.

The defendants in asbestos lawsuits employ different strategies to avoid paying compensation. This includes filing frivolous motions with the intention that you die before your case is decided or simply give up. Our mesothelioma lawyers are adept in stopping such attempts and ensuring that your claim is taken forward.

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

A second breakthrough was the discovery of secret documents which revealed that asbestos companies tried to hide asbestos' dangers. These documents were used by plaintiffs in court to back their claims against asbestos companies.

Many asbestos manufacturers escaped litigation by declaring bankruptcy. If a company declares bankruptcy, it has the option to save money in trusts that specifically pay out settlements to asbestos victims. The amount a business has to pay to file for bankruptcy is a tiny fraction of the amount it could be able to recover in a civil suit.

However asbestos defendants are often known to employ "experts", who would aid them in court by publishing and conducting research funded by the asbestos industries. This was an attempt to undermine the the scientific consensus that asbestos exposure in any form could cause mesothelioma.

Suits Types

Many people who suffer from asbestos-related diseases or mesothelioma didn't realize they were exposed substances. Some companies that manufactured asbestos-containing products were aware the dangers but decided to prioritize profit over the lives of their customers. They didn't share the information with the 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 actions 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 in the process of litigation.

Statute of Limitations

The asbestos statute of limitation, or the time limit to start a lawsuit against a person who is negligent, varies from state to state. Personal injury lawsuits are typically filed within three years from the victim first begins to experience symptoms. Special rules apply in mesothelioma situations. Because mesothelioma symptoms usually do not manifest until years after exposure to asbestos. This is why that the victims and their families require the assistance of mesothelioma attorneys to ensure that they submit their claims on time.

Asbestos sufferers are in a unique position. Most personal injury cases are based on injuries or accidents. Mesothelioma, asbestos-related diseases and other illnesses are considered by law as "disability." Waterloo asbestos lawyers Links to an external site. means that victims may not be aware of or understand their symptoms until after they've suffered a substantial loss. This is why asbestos statutes of limitations include an extended discovery rule to account for the delay between the time of exposure and the initial appearance of symptoms.

The location of the injured person or the deceased may also influence the time limit for an asbestos case. Certain states have a longer time of time to file a claim than other. In these instances, a mesothelioma lawyer who knows the proper jurisdiction and can work with the victims to file in that state is crucial.

Medical records and reports that correspond to the diagnosis of asbestos-related cancer or disease are also important in determining when the time limit for a statute of limitations starts. A mesothelioma attorney can review the asbestos victims' work histories to find possible areas of exposure to asbestos.

It is important to know that the statute of limitations can differ depending on the type of claim, and even the asbestos manufacturer or employer. This is because a lot of asbestos producers have closed their businesses or sold to other businesses. Therefore, asbestos victims must be prepared to sue multiple parties to ensure they receive the maximum compensation for asbestos-related diseases and injuries. A mesothelioma lawyer can assist victims identify the most appropriate defendants for their lawsuit by analyzing various types of claims.

Jury Verdicts

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

Asbestos litigation often involves multiple defendants. Lawyers representing plaintiffs seek justice for victims by seeking the highest amount of compensation from defendants who contributed to the exposure of their clients to asbestos. To maximize the chances of winning, it is important to have lawyers who are familiar with asbestos and are able to present complicated and technical issues in a way that is easy for the average person to comprehend.

In recent years, the largest jury verdicts in asbestos cases occurred in multi-district litigation. This is where several cases are consolidated and tried in one place. This allows for economies of scale as well as a more streamlined procedure for both parties. It also allows the jury to see consistency of results.

One issue that could 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 an item in the event that it was discovered at the time of sale that the product posed a danger or, in the alternative, a buyer might have discovered this information through a reasonable investigation. The Restatement (Second) of Torts, Section 402A Comment j, lays out the legal standard.

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


Kazan McClain Satterley & Greenwood, for example, secured the award of $12,000,000 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 substantially more than the previous verdicts in this case, despite the defendants' argument that smoking increased the risk of developing lung cancer due to asbestos exposure.