How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because asbestos-containing products were used in many locations by victims.
A knowledgeable mesothelioma lawyer will assist you in understanding your options regarding compensation. You may be eligible for compensation from the company who manufactured or installed asbestos or from an asbestos trust that was established to pay claims.
Making a Claim
In the majority of states, patients of mesothelioma or other asbestos illnesses are able to file a claim to be compensated. Attorneys are on hand to assist victims and their family members in getting the compensation they deserve. Attorneys and victims must work together to create a solid claim. This includes providing employment and medical records as well as evidence from family members.
When pursuing compensation victims and their attorneys typically bring a lawsuit against the companies that exposed them. This includes companies that produced products that contain asbestos, and even employers who did not safeguard their workers from exposure to asbestos. Families may also sue 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 generally starts when a person is diagnosed with a disease related to asbestos. It is recommended that people consult an expert mesothelioma lawyer as quickly as they can to find out the options for seeking compensation.
At a no-cost mesothelioma consult, attorneys will discuss the specifics of the case and determine whether it is worth pursuing. They will inquire about their job history, military service and mesothelioma diagnoses to pinpoint the time and manner in which they were exposed.
Lawyers will explain the various forms of compensation a victim may be entitled to. This could include compensatory damages to meet financial requirements such as medical bills and income loss. In some instances, patients are able to receive additional financial assistance in the form of disability or health insurance. In these instances, an attorney can explain how the pursuit of these options might affect the outcome of a mesothelioma lawsuit.
Case Review
Lawsuits against asbestos-related companies are a way for the victims and their families to seek financial compensation for their losses. These lawsuits communicate that companies who place profits before safety should be held accountable for their mistakes. While compensation can't bring back health or restore a loved one however, it can help pay for life-extending treatments and provide financial security for the family members affected.
A lawyer who is knowledgeable about the ins-and-outs of mesothelioma lawsuits can guide clients through each step of the process. One of the most important steps is the case review or case evaluation. This is a chance for you and your mesothelioma lawyer to meet in person or over the phone and discuss your exposure background.
During the examination, your attorney will be able to determine the extent to which you were exposed. Many mesothelioma patients were exposed to asbestos-containing substance at work or while serving in the military. Your attorney can review your documents of your employment and military records to determine where you were exposed.
To be successful in a mesothelioma lawsuit you must be able to establish the location and method by which you were exposed. Visalia asbestos lawyers can be a challenge for some victims, especially those whose exposure occurred several years prior to the diagnosis of their illness. It could take up to 50 years before mesothelioma begins to be diagnosed, which makes it difficult to link asbestos exposure to the disease.
In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to listen to the complaints of asbestos defendants that NYCAL's dockets have been modified to favor asbestos plaintiff law firms like Weitz & Luxenberg. He has been given the task of clearing up the mess and restoring trust in the NYCAL system.
Discovery Phase
In a lawsuit, both sides share information about their respective positions. This is called discovery. Depositions can include examining documents as well as interviewing witnesses under an oath. Lawyers for both sides will also discuss the testimony of experts and reports on medical and safety issues.
Defendants in asbestos litigation have been known to hire consultants and scientists who could be manipulated by the defense lawyers to undermine plaintiffs' claims. It is essential to have a seasoned lawyer on your team during this stage.
Asbestos cases usually involve multiple defendants. There could have been a variety of locations where a person was exposed to asbestos and many different companies or manufacturers could be held liable. For instance mesothelioma lawsuits could claim that a worker had been exposed to asbestos at a factory in one state and an oil refinery in a different and during the construction of an electric power plant in another location.
Mesothelioma symptoms usually manifest between 10 to 40 years after exposure. According to the laws of the state that treat mesothelioma patients, they could have between one and five year before the time limit expires. People diagnosed with the rare cancer that is mesothelioma typically receive compensation to cover medical expenses, funeral costs and other expenses.
Additionally to that, a mesothelioma lawsuit that is successful can also award compensation for pain and suffering as well as loss of quality of life. Many victims and their family members have received multimillion-dollar verdicts. Some defendants have used bankruptcy as a way to avoid the 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-related claims. However the company has continued to manufacture asbestos-related products.
Settlements
Through settlements of lawsuits and verdicts by juries, asbestos patients can receive compensation for their medical expenses, lost income, and suffering. An attorney for mesothelioma will guide victims through the legal process, filing the necessary paperwork and representing them at court proceedings.
Since the 1920s, asbestos-related lawsuits have been filed. However it wasn't until the 1970s that evidence was discovered that confirmed the link between asbestos exposure and certain kinds of cancer. Once the link was confirmed, asbestos companies began to fail. They were also forced to establish trust funds in order to pay for future litigation.
In 1986, these asbestos litigation issues led the Asbestos Claims Facility to be established. It was established to streamline the handling of claims as well as to help in managing the ever-growing litigation crises. However, the number of cases that were pending increased and by the time of the 2000s there was a backlog of thousands of asbestos lawsuits.
The amount a mesothelioma patient could expect to receive from a lawsuit settlement or jury award depends on several factors, including the severity of the disease and the time between exposure and first signs manifesting. Victims should also consider the impact their illness affects their quality of life and any impairments that could result from it.
Although asbestos cases have resulted in large jury verdicts, the majority of asbestos victims choose to settle for settlement instead of taking the case to trial. It is typically simpler for the plaintiff to secure a settlement in a lawsuit than to prevail at trial, and the possibility of appeals can tie up the amount of compensation for a long time. Additionally, a settlement in a lawsuit can help the victim stay clear of the stress and trauma of appearing in court.
Trial
In the years following exposure, asbestosis, mesothelioma and other asbestos-related diseases could develop. The result is that patients often have a long time to file lawsuits against the companies that caused their illness. 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 take on the liability for the companies.
In addition to lawsuits brought by individuals, victims can join class actions that allow them to bring a lawsuit on behalf of a group of victims with similar asbestos exposure histories. It is crucial to remember that joining a class action can limit your rights as an individual plaintiff. You will also not be in a position to negotiate an individual award with defendants.
Your lawyer will gather evidence at trial to demonstrate how you were exposed and which specific products containing asbestos caused your condition. This includes identifying asbestos producers and assembling information about their products, including places where asbestos was used. The defendants could try to counter this evidence by claiming that you haven't proved your case. A mesothelioma lawyer can successfully defend these arguments and obtain the compensation you deserve.
In the course of litigation, big corporations that have exposed asbestos victims have tried to reduce their obligation to compensate victims through filing claims that are not legitimate. A mesothelioma lawyer who is skilled is adept at thwarting these strategies that are designed to delay your case, so that you will end up dying or becoming too sick to continue fighting for justice.