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How to File Baltimore asbestos lawsuits have 30 calendar days to respond once the victim's lawyer files an asbestos lawsuit. Most defendants will deny allegations and offer a settlement to settle before the trial starts. However, a trial verdict typically yields higher awards than settlement offers or trust fund claims. Patients should seek out an attorney who has expertise in handling mesothelioma lawsuits. The history of Asbestos Litigation Asbestos, a mineral that is fibrous found in nature, could cause many health problems. Asbestos was utilized in a wide range of products up until the mid-1970s due to its strength, fire-resistant properties, and low cost. Asbestos use soared in the United States during this time and continues to be found in many older structures and buildings across America. Asbestos has been linked to several types of cancer, respiratory conditions, and mesothelioma. Asbestos lawsuits are the longest-running mass tort in the nation's history. Asbestus lawsuits stem from fact that exposure to asbestos can cause severe and debilitating medical diseases, such as mesothelioma which is a deadly lung disease that can take years to develop. The manufacturers knew that asbestos was an hazard to consumers and workers, but they did not disclose it. Therefore, asbestos victims are able to claim compensation from the makers of these dangerous products. Plaintiffs in asbestos lawsuits employ various tactics to avoid paying out compensation. This usually involves filing frivolous motions, hoping you will pass away or surrender before the case is settled. Our mesothelioma lawyers are proficient in stopping such attempts and ensuring that your claim is moved forward. One of the most significant developments in asbestos litigation was the 1965 publication of The Restatement of the Law of Torts which declared that anyone who sells a product that is unreasonablely risky to others is liable for any damages suffered by that person. This ruling opened the floodgates of asbestos lawsuits. Another change was the discovery of hidden documents that revealed asbestos producers tried to conceal asbestos's dangers. These documents were used in court to support claims brought by plaintiffs against asbestos companies. Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankruptcy, it has the option to put money aside in trusts with special provisions that offer settlements to asbestos victims. The amount a company has to pay to file for bankruptcy is a tiny fraction of the amount it could recover in a civil suit. Unfortunately, asbestos defendants are also often known to employ “experts” who help them defend themselves in court by publishing and conducting research that was supported by asbestos companies. This was a clear effort to discredit the scientific consensus that exposure to asbestos in any form can lead to mesothelioma. Suits Types Many people who develop mesothelioma or other asbestos-related ailments did not realize they were exposed to the dangerous substance. Unfortunately, some of the companies that produced asbestos-containing products were aware of the risks and put profits ahead of human life, but they did not communicate this information with the general public. If you or someone you care about has been diagnosed with an asbestos-related illness you can make a claim against the company responsible for your exposure. You can also seek compensation from an asbestos trust fund. Asbestos lawsuits are civil suits that also cover cases involving personal injury and breach of contract. These cases are argued 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 time limit for filing an action against a negligent party, is different for each state. In general, personal injury lawsuits must be filed within three years from the date a victim's symptoms first appear. For mesothelioma cases there are specific rules that apply. The reason for this is that mesothelioma-related symptoms usually don't manifest until years after exposure to asbestos. This is the reason why patients and their families require the assistance of a seasoned mesothelioma lawyer to ensure that they submit a claim on time. Asbestos sufferers are in a unique position. The majority of personal injury claims deal with accidents or injuries. Mesothelioma, asbestos-related diseases and other illnesses are viewed by law as “disability.” This means that patients may not be aware of or even comprehend their symptoms until they have suffered a major loss. This is why asbestos laws have an extended discovery period to take into account the time period between exposure and first symptoms. The place of the person who was injured or the deceased person's location can influence the time limit for an asbestos case. This is due to the fact that some states have a longer statute of limitations than others. In such cases, a mesothelioma lawyer who knows the proper jurisdiction and can assist the victims to file a claim in the appropriate location is crucial. Documentation and reports relating to the diagnosis of asbestos-related cancer or disease are also important when determining when the statute of limitation starts. A mesothelioma attorney can review the asbestos victims' work history to find possible areas of exposure to asbestos. It is also important to keep in mind that the statute of limitations can vary by type of claim and the asbestos employer or manufacturer. Many asbestos manufacturers have shut down or been sold to a different company. As a result, victims need to be prepared to sue several parties to ensure they receive the maximum compensation for asbestos-related injuries and illnesses. An attorney for mesothelioma can look over the various kinds of claims available to the victim and assist them to identify the defendants they should name in their lawsuit. Jury Verdicts A jury or judge award compensation to asbestos victims. The amount of the verdict could be greater or less than the settlement agreement reached between the company and the plaintiff. Asbestos litigation often involves multiple defendants. Plaintiffs' attorneys are seeking justice for the victims by seeking the highest amount of compensation from defendants who have contributed to expose their clients to asbestos. It is essential to choose lawyers who have experience with asbestos and are able to explain technical and complicated issues to lay people in a manner that is simple to comprehend. In recent years, the most significant jury verdicts in asbestos cases have occurred in multi-district litigation, in which there are multiple cases that are consolidated for trial in a single venue. This allows for economies of scale and a smoother procedure for both parties and also allows the jury to see consistency in the results. The “state of the art” defense is one issue that can arise in multi-district litigation. This defense states that a maker cannot be held accountable for damages in the event that they knew at time of purchase that the product was hazardous or, alternatively, a seller could have discovered this information by conducting an informed inquiry. The standard is established by the Restatement (Second) Section 402A. Comment j. Mesothelioma is a more serious cancer that can develop after an asbestos victim has suffered from an illness that is less severe such as asbestosis. As the symptoms of mesothelioma are comparable to other breathing disorders, it is vital that our asbestos lawyers retain medical experts to distinguish between the two conditions. Kazan McClain Satterley & Greenwood for instance, securing a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of a worker who passed away from mesothelioma. The jury's verdict for the husband and victim was significantly higher than the previous verdicts in this case. This was despite defense that asbestos exposure increased her risk of developing lung cancer as a result of smoking.