How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because asbestos-containing products were used at various locations by victims.
A mesothelioma attorney can help you understand the compensation options that are available to you. You could be eligible to receive compensation from the business that manufactured or installed asbestos or from an asbestos trust established to settle claims.
How to File a Claim
In most states, mesothelioma patients and those with other asbestos-related illnesses are able to submit claims for compensation. Attorneys are available to aid victims and their families in obtaining the compensation they deserve. Victims must work closely their attorney, supplying information to support their case, including documents from employment and medical records and also testimony from family members.
When pursuing compensation the victims and their lawyers typically pursue a lawsuit against businesses who exposed them to asbestos. This includes companies who produced products containing asbestos and even employers who failed to protect their workers from exposure. Family members may also file a wrongful death suit when a loved one dies from an asbestos illness.
The time limit for filing mesothelioma-related lawsuits may differ from state to state, but usually begins when someone is diagnosed with a condition that is related to asbestos. Get in touch with a mesothelioma attorney as soon as possible to know more about your options for compensation.
During a free mesothelioma consultation attorneys will discuss the specifics of the case and determine whether it is worth investigating. They will inquire with the patient about their job history, military service and mesothelioma diagnosis to determine the time and manner in which they were exposed.
The lawyers will then explain to the victim the types of compensation they may be entitled. This can include compensatory damages to cover the financial needs of a patient such as medical expenses as well as lost income and ongoing costs for treatment. In some instances, patients may be able to obtain additional forms of financial aid such as health insurance or disability benefits. In these situations an attorney will explain how seeking these options might affect the outcome of a mesothelioma claim.
Case Review
Families of victims are able to seek compensation for their losses from asbestos companies through lawsuits. These lawsuits communicate that companies who put profits over safety must pay for their mistakes. Compensation will not bring back health or a loved one, but it can provide treatment that prolongs life and provide financial security to affected family members.
A lawyer who is knowledgeable about the ins and outs of mesothelioma lawsuits can help clients through every step of the procedure. One of the most crucial steps is a case review which is also referred to as a case evaluation. This is a chance for you and your mesothelioma lawyer to meet in person or over the phone and discuss your exposure information.
During the review your attorney will be able to assess the extent to which you were exposed asbestos. Many people diagnosed with asbestosis were exposed to this dangerous substance at work or in the military. Your attorney can examine your work history and military service records to determine the source of your exposure.
A successful mesothelioma lawsuit hinges on proving how and when you were exposed to asbestos. It is not easy for patients to prove their asbestos exposure in particular if it occurred many years before they were diagnosed with the disease. It can take up to 50 years for mesothelioma symptoms to be diagnosed, which makes it difficult to connect asbestos exposure to the disease.
In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held an open town hall meeting to hear complaints from asbestos defendants that NYCAL's docket has been modified to favor asbestos plaintiff law firms such as Weitz & Luxenberg. He was given the task 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 in the case. This is referred to as discovery. Depositions can involve looking over documents as well as interviewing witnesses under the oath. The lawyers on both sides will also provide reports and testimony of experts on medical and safety issues.
The defendants in asbestos litigation have been known to employ consultants and scientists who can be manipulated by the defense lawyers to undermine plaintiffs' claims. In this phase of the process, it is important to have an experienced lawyer to represent you.
Asbestos claims typically involve multiple defendants. It could have occurred in a variety of places that a person was exposed. Several different companies or manufacturers can be held responsible. A mesothelioma suit might claim that a worker had been exposed to asbestos in a workplace, an oil refinery, and even a power plant.
Mesothelioma symptoms usually manifest between 10 to 40 years after exposure. According to Carrollton asbestos lawsuits of the state, those diagnosed with mesothelioma may have between one and five year before the statute of limitations expires. Those diagnosed with the rare cancer known as mesothelioma typically receive compensation to pay for medical bills funeral costs, as well as other expenses.
A successful mesothelioma lawsuit could also award damages to compensate for suffering, pain and loss in quality of life. A lot of victims and their families have been awarded multimillion-dollar settlements. However some defendants have opted for bankruptcy to avoid liability for asbestos-related injuries. Johns-Manville, for example, filed for bankruptcy in 1986. The money was put into a trust fund to pay future asbestos claims. However the company continues to manufacture asbestos products.
Settlements
Through settlements of lawsuits or jury verdicts, asbestos victims are entitled to compensation for medical expenses, lost income, and suffering. A mesothelioma lawyer who is knowledgeable will guide the victim through the legal process, including the proper paperwork and representing them in court proceedings.
Since the 1920s asbestos-related lawsuits have been filed. However it wasn't until the 1970s that evidence was gathered that established the connection between asbestos exposure and certain kinds of cancer. Once the link was discovered, asbestos-related companies started going bankrupt. They were also forced to establish trust funds to pay for future litigation.
In 1986, these asbestos litigation issues led the Asbestos Claims Facility to be formed. It was set up to streamline the handling of claims and to help manage the growing litigation issues. The number of asbestos-related cases increased, and in the early 2000s, there was a backlog involving thousands of asbestos lawsuits.
The dollar amount that mesothelioma patients can expect to receive as a result of settlement or a jury award depends on a number of factors that include the severity of the disease as well as the time between the exposure and the first onset of symptoms. Victims must be aware of the impact of their illness on their quality of life, and any impairments that result from it.
Although asbestos cases can result in huge jury verdicts, the majority of asbestos victims choose to settle for settlement instead of proceeding to trial. A settlement in a lawsuit is typically easier to win than a trial. The possibility of an appeal could delay compensation for many years. Also, a lawsuit settlement lets the victim stay clear of the stress and trauma of appearing in court.
Trial
After exposure, mesothelioma, asbestosis and other asbestos-related diseases may develop. It is not unusual for asbestos-related victims to suffer for a long amount of time before they can bring a lawsuit against the companies responsible for their condition. State laws, also known as statutes of limitations typically give victims between one and three years from diagnosis or discovery to bring a asbestos lawsuit, depending on their location. Even after these statutes of limitations expire the victims and their loved ones could be eligible to receive compensation through a lawsuit against the companies who sold them asbestos-related goods or asbestos trust funds that take on the liability for those companies.
In addition to lawsuits brought by victims on their own and their families, victims are able to join class actions, which permit them to make a claim on behalf of a group of victims with similar asbestos exposure histories. However, it is important to keep in mind that joining a class action could limit your rights as a plaintiff and you will not be capable of negotiating an individual settlement with defendants.
Your lawyer will collect evidence at trial to show you how you were exposed and which specific products containing asbestos caused your illness. This includes identifying asbestos producers and compiling information on their products, as well as the places 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 argue against these arguments and secure the compensation you are entitled to.
In the course of litigation, big companies that exposed asbestos victims have attempted to minimize their obligation to compensate victims by filing frivolous claims. A knowledgeable mesothelioma lawyer is adept at securing victory over these tactics designed to delay your case, so that you will end up dying or becoming too sick to continue fighting for justice.