How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. The reason for this is that asbestos-containing products were utilized at various locations by victims.
A knowledgeable mesothelioma lawyer will assist you in understanding your compensation options. You may be able get compensation from the company that manufactured or installed asbestos or from an asbestos trust fund established to pay for claims.
How to File a Claim
In most states, mesothelioma patients as well as those with other asbestos-related diseases can submit claims for compensation. Attorneys are available to aid victims and their family members in receiving the compensation they are entitled to. Victims must work closely their attorney, providing information to prove their case, including employment and medical records, and testimonies from family members.
To obtain compensation, victims and lawyers will typically bring a lawsuit against the company that exposed them to asbestos. This includes companies that mined raw asbestos, manufactured asbestos-based products and employers who did not protect workers from exposure to asbestos. Families can also bring a lawsuit for wrongful death if their loved ones died from an asbestos-related disease.
The statute of limitation for filing mesothelioma lawsuits can vary from state to state, but usually starts when a person is diagnosed with a condition that is related to asbestos. Contact a mesothelioma lawyer as soon as you can to know more what options you have for compensation.
At a no-cost mesothelioma consult attorneys will discuss the details of the case and determine whether it's worth the effort. 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 forms of compensation a victim might be entitled to. This could include compensatory damages to cover the financial needs of a patient like medical bills or lost income, as well as ongoing costs for treatment. In some cases, victims are able to receive additional financial assistance in the form of health insurance or disability benefits. In these situations an attorney will explain how pursuing these options could impact the outcome of a mesothelioma lawsuit.
Case Review
Families of victims are able to seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits communicate that businesses who prioritize profit over safety must pay for their negligence. Compensation cannot bring back health or a loved one but it can provide treatment that prolongs life and provide financial security for affected family members.
A lawyer who understands the mesothelioma's nuances and complexities of litigation can guide clients through each step of the procedure. One of the most important steps is an examination of your case which is also referred to as a case evaluation. This is an opportunity for you and your mesothelioma lawyer to meet in person or on the phone to go over your exposure background.
During the review, your attorney will be able to determine the extent to which you were exposed asbestos. Many people who have been diagnosed with asbestosis were exposed to the hazardous substance while working or in the military. Alhambra asbestos lawsuits can review your employment history and military service records to determine the cause of your exposure.
In order to succeed in a mesothelioma claim you must show where and how you were exposed. This is a difficult task for some victims, specifically those who were exposed prior to the diagnosis of their disease. Mesothelioma symptoms may take 20 to 50 years to manifest and it can be difficult to determine the connection between exposure and the asbestos-related disease.
In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to listen to complaints from asbestos defendants on the docket of NYCAL being rigged to favor of asbestos plaintiff law firms like Weitz & Luxenberg. The judge has been given the task of clearing up the mess and restoring trust in the NYCAL system.
Discovery Phase
In a lawsuit in a lawsuit, both sides discuss their positions in the case. This is referred to as discovery. Depositions can involve looking over documents as well as examining witnesses under the oath. Both parties will also share reports and expert testimony on medical and safety concerns.
Defense lawyers have been infamous in asbestos litigation to engage scientists and consultants who are employed to discredit the plaintiffs claims. It is essential to have a competent lawyer on your side in this phase.
Asbestos cases often involve many defendants. There may have been many locations where a person was exposed to asbestos, and several different manufacturers or companies could be held liable. A mesothelioma case could assert that a worker had been exposed to asbestos in a manufacturing facility or oil refinery and a power plant.
Mesothelioma symptoms typically develop between 10 to 40 years after exposure. According to the laws of each state patients diagnosed with mesothelioma have between one and five years to file an application before the statute of limitations expires. Mesothelioma is a rare cancer. Patients diagnosed with it receive compensation for medical expenses funeral expenses, as well as other expenses.
A successful mesothelioma case can also award damages to compensate for pain, suffering and loss of quality of life. Many victims and their families have received multimillion dollar verdicts. Some defendants have used bankruptcy as a way to avoid the liability for asbestos-related injuries. Johns-Manville for instance was declared bankrupt in 1986. The money was placed into a trust fund to pay future asbestos-related claims. However the company has continued to produce asbestos-related products.
Settlements
Asbestos patients can claim compensation for medical expenses, lost income and pain and suffering through settlements for lawsuits and jury verdict awards. A knowledgeable mesothelioma lawyer will assist the victim through the legal process, filing the proper paperwork and representing them in court.
Since the 1920s asbestos-related lawsuits were filed. However it wasn't until 1970s when evidence was gathered that proved the link between asbestos exposure and certain kinds of cancer. As soon as the link was established, asbestos companies started going bankrupt. They were also forced to establish trust funds in order to fund future litigation.
These asbestos litigation issues led to the establishment of the Asbestos Claims Facility in 1986 that was created to centralize handling of the claims and help manage the ever-growing litigation crisis. The number of asbestos litigation cases increased, and in the early 2000s, there was a backlog involving thousands of asbestos lawsuits.
The amount mesothelioma sufferers can expect to receive as a result of settlement or a jury award is contingent upon a variety of factors such as the severity of the disease as well as the time between exposure and the beginning of symptoms. Victims should also think about the impact their condition has on their lives and any impairments that could result from it.
While some asbestos cases ended in large verdicts by juries, the majority victims settle their cases instead of taking the case to court. A settlement in a lawsuit is typically easier to win than a trial. And the possibility of an appeal can delay compensation for a long time. Additionally, a settlement in a lawsuit allows the victim to get away from the stress and anxiety of appearing in court.
Trial
In the years following exposure, asbestosis, mesothelioma and other asbestos-related diseases could develop. This means that victims typically have long periods of time to file lawsuits against the companies responsible for their illnesses. State laws known as statutes of limitations typically allow individuals between one and three years from diagnosis or discovery to bring a asbestos lawsuit, depending on their location. Even after these statutes of limitation have expired victims and their loved ones could be able to claim compensation through a lawsuit against businesses that sold them asbestos-related products or asbestos trust funds that assume responsibility for the companies.
In addition to lawsuits brought by individuals and their families, victims are able to join in class actions, which permit them to make a claim on behalf of a group of victims with similar asbestos exposure experiences. It is important to remember that joining a class action may limit your rights and you won't be able to negotiate an individual award.
Your lawyer will gather evidence at trial to prove how you were exposed and which products that contain asbestos caused your condition. This involves identifying asbestos producers and assembling information on their products including the places where asbestos was employed. The defendants may try to challenge this evidence, arguing that you haven't proved your case. A mesothelioma lawyer will be able to defend these arguments and obtain the compensation you deserve.
In the course of litigation, large companies that exposed victims to asbestos have tried to minimize their responsibility to pay compensation through filing frivolous motions. A mesothelioma lawyer who is skilled is adept at securing victory over these strategies designed to delay your case, so that you be unable to live or get sick to continue fighting for justice.