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How to File an Asbestos Lawsuit

Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is due to the fact that many victims worked at a number of locations that employed asbestos-containing products.

An experienced mesothelioma lawyer can assist you in understanding your compensation options. You could be able to get compensation from the company that manufactured or installed asbestos, or from an asbestos trust fund set up to pay for claims.

How to File a Claim

In the majority of states, patients of mesothelioma and other asbestos-related diseases are able to file a claim to receive compensation. Attorneys are available to aid victims and their family members in getting the compensation they deserve. Victims must work closely their attorney, providing details to build a strong case, such as employment and medical records, and testimonials from family members.

To receive compensation lawyers and victims will typically file a lawsuit against the company that exposed them to asbestos. This includes companies that extracted asbestos, made products containing asbestos and even employers who did not safeguard their employees from exposure. Families may also file a lawsuit for wrongful deaths if their loved ones passed away due to an asbestos-related illness.

The time frame for filing a lawsuit against mesothelioma can vary from state to state, but usually begins when a person is diagnosed with a disease that is linked to asbestos. Consult a mesothelioma attorney as soon as possible to know more about your options to receive compensation.

Attorneys will review the case's details and decide whether it is worth the effort during a free consultation. They will inquire with the patient about their work background, military service, and mesothelioma-related diagnoses to determine when and how they were exposed.

Lawyers will then go over the various types of compensation a victim may be entitled to. This could include compensatory damages to cover the patient's financial needs such as medical bills and income loss. In certain cases, patients are able to receive additional financial assistance in the form of health insurance or disability benefits. In these cases an attorney will explain the implications of exploring these options on the outcome of a case for mesothelioma.

Case Review

Families of victims are able to seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits convey the message that companies who place profits before safety should be held accountable for their mistakes. While compensation cannot restore health or bring back a loved one, it can help to pay for life-extending treatments and provide financial security for affected family members.

A lawyer who is knowledgeable about the ins-and-outs of mesothelioma lawsuits can help clients through every step of the process. One of the most important steps is a case review, also known as a case evaluation. This is an opportunity for you and your attorney to discuss your exposure history in person or via the phone.

During the examination your attorney will be able to determine the extent to which you were exposed asbestos. Many people diagnosed with mesothelioma were exposed to the hazardous substance at work or while serving in the military. Your attorney can review your work history and military service records to determine the cause of your exposure.

A successful mesothelioma suit is contingent on proving how and when you were exposed to asbestos. It isn't easy for mesothelioma victims to prove their exposure to asbestos particularly if it happened many years before they were diagnosed with the disease. It can take up to 50 years for mesothelioma symptoms to manifest, making it difficult to connect asbestos exposure to the disease.

In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held a town hall to hear complaints by asbestos defendants about the docket of NYCAL being rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. He was given the responsibility of cleaning up the mess and restoring confidence in the NYCAL system.

Discovery Phase

In a lawsuit, the parties share information about their respective positions. This is referred to as discovery. It can involve looking over documents and also interviewing witnesses under oath, referred to as depositions. The lawyers for both sides will also discuss reports and testimony of experts on safety and medical issues.

The defendants in asbestos attorney litigation have been known to hire experts and scientists who can be manipulated by the defense attorneys to discredit plaintiffs' claims. It is vital to have a seasoned lawyer on your side in this phase.

Asbestos lawsuits typically involve a variety of defendants. There may have been many locations where an individual was exposed to asbestos and many different companies or manufacturers could be held responsible. For example, a mesothelioma lawsuit might claim that a worker had been exposed to asbestos at a factory in one state, an oil refinery in another and during the construction of an electric power plant in another place.

Mesothelioma symptoms typically develop between 10 and 40 years after exposure. According to state laws that treat mesothelioma patients, they could have between one and five year before the time limit expires. Patients diagnosed with the rare cancer called mesothelioma usually receive compensation to cover medical expenses funeral costs, as well as other expenses.

A successful mesothelioma lawsuit could also award damages to compensate for pain, suffering and loss in quality of life. Many victims and their families have received multimillion dollar verdicts. Some defendants have utilized bankruptcy as a way to avoid the liability for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986, and then put the money into a trust fund to pay future asbestos claims but has continued to produce asbestos-related products.

Settlements

Asbestos victims can receive compensation for medical expenses, lost income and suffering as a result of lawsuit settlements and jury verdict awards. A mesothelioma lawyer will assist victims through the legal process by filing the required paperwork and defending the client in court.

Since the 1920s asbestos-related lawsuits have been filed. However it wasn't until 1970s when evidence was gathered that established the connection between asbestos exposure and certain types of cancer. When the link was established, asbestos companies began to go under. They were also required to establish large trust funds to fund future litigation.

These asbestos litigation issues led to the formation of the Asbestos Claims Facility in 1986 It was created to centralize the handling of claims and aid in managing the ever-growing litigation crisis. However the number of cases that were pending continued to increase and by the time of the 2000s there was a backlog of tens of thousands of asbestos lawsuits.

The amount mesothelioma patient can expect to receive from a settlement in a lawsuit or jury award depends on many factors, such as the severity of the disease and the time between the exposure and first signs of symptoms showing. Victims should be aware of the impact of their condition on their quality of life, and any impairments that result from it.

While some asbestos cases ended in huge verdicts by juries, the majority victims choose to settle instead of taking the case to court. It is typically simpler for the plaintiff to settle a lawsuit than to prevail at trial, and the possibility of appeals can stall compensation for years. A lawsuit settlement also allows the victim to avoid stress and trauma of having to testify in court.

Trial

Mesothelioma, asbestosis, and other types of asbestos-related illnesses can manifest years after exposure. The result is that patients often have an extended time frame to file lawsuits against the companies that caused their illness. State laws called statutes of limitations typically give individuals between one and three years from diagnosis or discovery to file an asbestos lawsuit depending on where they live. Even after these statutes of limitations have passed the victims and their families may be able to recover compensation through a lawsuit against the companies who sold them asbestos-related goods or asbestos trust funds that assume liability for the companies.

As well as filing lawsuits on their own behalf victims may also join class actions. This allows them to submit a complaint on behalf of others who have similar asbestos exposure experiences. However, it is important to keep in mind that joining a class action can restrict your rights as a plaintiff. Additionally, you won't be able to negotiate an individual settlement with defendants.

Your lawyer will gather evidence during trial to demonstrate how you were exposed and what specific products containing asbestos caused your illness. This includes identifying asbestos producers and compiling information about their products, including areas where asbestos was used. Defendants might try to contest this evidence and claim that you haven't proved your case. A mesothelioma lawyer can successfully refute these arguments and get the compensation you deserve.

In the course of litigation, big corporations who exposed asbestos victims have tried to minimize their responsibility to compensate victims through filing claims that are frivolous. A knowledgeable mesothelioma lawyer is adept at securing victory over these tactics, which are designed to delay your case so that you will die or become too sick to continue fighting for justice.