How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is due to asbestos-containing products were used in many sites by victims.
A mesothelioma lawyer can assist you understand the compensation options that are available to you. You may be able receive compensation from the business which manufactured or installed asbestos, or from an asbestos trust fund set up to pay for claims.
Filing a Claim
In the majority of states, patients of mesothelioma or other asbestos-related illnesses can file a claim to be compensated. The process is complicated however, attorneys are readily available to help victims and their families get the money they need. Victims need to work closely with their attorney, supplying information to support their case, such as employment and medical records, as well as testimonials from family members.
When pursuing compensation victims and their attorneys will typically file a lawsuit against companies who exposed them to asbestos. This includes companies that mined asbestos, manufactured products containing asbestos, or employers who did not protect their employees from exposure to asbestos. Families may also file a lawsuit for wrongful death if a loved one died of an asbestos-related illness.
The statute of limitation for filing mesothelioma lawsuits can differ from state to state however, it usually begins when a person is diagnosed with a disease related to asbestos. It is recommended that people consult an expert mesothelioma lawyer in the earliest time as they can to find out the options available to seek compensation.
At a no-cost mesothelioma consult attorneys will discuss the details of the case to determine whether it is worth pursuing. They will inquire with the patient about their work history, military service, and mesothelioma diagnoses to pinpoint the time and manner in which they were exposed.
Lawyers will then go over the various types of compensation that a victim could be entitled to. This could include compensatory damages to cover the financial requirements of a patient, such as medical expenses as well as lost income and ongoing treatment costs. In some instances, patients can receive additional financial assistance through disability or health insurance. In these cases an attorney can explain the impact of pursuing these options on the outcome of a claim for mesothelioma.
Case Review
Family members and victims of asbestos exposure are able to seek financial compensation from asbestos-related companies through lawsuits. These lawsuits communicate that companies who place profits before safety must pay for their negligence. Compensation will not bring back health or a loved one's life, but it can pay for treatment that prolongs life and provide financial security to families affected.
A lawyer who understands the mesothelioma's nuances and complexities of litigation can help clients navigate each step of the procedure. One of the most crucial steps is a case review or case evaluation. This is a chance for you and your attorney to talk about your exposure history in person or on the phone.
During the review, your attorney will be in a position to determine the extent to which you were exposed. Many mesothelioma patients were exposed to the hazardous material at work or while serving in the military. Your attorney can look over your employment history as well as military service records to determine the cause of your exposure.
In order to win a mesothelioma case, you must be able to show where and how you were exposed. It can be difficult for victims to prove their exposure to asbestos in particular if it occurred several years before they were diagnosed with the disease. It can take as long as 50 years for mesothelioma symptoms to develop, making 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 to listen to the complaints of asbestos defendants that NYCAL's docket has been manipulative to favor asbestos plaintiff law firms such as Weitz & Luxenberg. He was given the task of clearing up the mess and restoring confidence in the NYCAL system.
Discovery Phase
In a lawsuit, both sides share information about their respective positions. This is known as discovery. Depositions can include examining documents as well as examining witnesses under an oath. Lawyers for both sides will also discuss the testimony of experts and reports on medical and safety issues.
Defense attorneys have been infamous in asbestos litigation to hire consultants and scientists who are employed to discredit plaintiffs' claims. It is essential to have a competent lawyer on your side in this phase.
Asbestos cases usually involve multiple defendants. It could have occurred at many different places that an individual was exposed. Many different companies or manufacturers could be held accountable. A mesothelioma suit might claim that a worker had been exposed to asbestos in a manufacturing facility, an oil refinery, and even a power plant.
The signs of mesothelioma are usually apparent between 10 and forty years after exposure. According to state laws that treat mesothelioma patients, they may have between one and five year before the statute of limitations expires. Mesothelioma is a rare cancer. Those who are diagnosed with it receive compensation for medical expenses funeral expenses, as well as other expenses.
A successful mesothelioma claim 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. However, some defendants have used bankruptcy to avoid responsibility for asbestos-related injuries. Johns-Manville, for example was declared bankrupt in 1986. The money was put into a trust fund that was set up to pay for future asbestos-related claims. However the company has continued to manufacture asbestos-related products.
Settlements
Asbestos patients can claim compensation for medical expenses, lost income, and pain and suffering through settlements in lawsuits and jury verdicts. An attorney for mesothelioma will guide patients through the legal process by filing the necessary paperwork and representing them at court proceedings.
Since the 1920s asbestos-related lawsuits were filed. However, it wasn't until the 1970s when evidence was gathered that proved the link between asbestos exposure and certain types cancer. After the connection was established asbestos companies began going into bankruptcy and were required to reserve large trust funds to cover future lawsuits.
In 1986, asbestos-related litigation issues prompted the Asbestos Claims Facility to be established. It was established to centralize the handling of claims and help manage the growing litigation issues. However, the number of cases that were pending continued to increase and by the 2000s, there was a backlog of tens of thousands of asbestos lawsuits.
The amount a mesothelioma sufferer can expect to receive from a lawsuit settlement or jury award is contingent upon several factors, including the severity of the condition and the time between exposure and first signs of symptoms showing. Victims must also consider the impact their condition has on their quality of life as well as any impairments that might result.
Although some asbestos cases have resulted in huge verdicts from juries, the majority of victims settle their cases instead of taking the case to court. A settlement in a lawsuit is typically easier to win than a trial. It is also possible that an appeal could delay compensation for a long time. Topeka asbestos lawyers in lawsuits also allow the victim to stay away from the stress and trauma that comes with testifying at trial.
Trial
In the years following exposure, asbestosis, mesothelioma and other asbestos-related diseases may develop. It is not uncommon for victims to suffer for a long amount of time before they are able to sue the companies accountable for their illness. State laws called statutes of limitations typically give people one to three years from diagnosis or discovery to file an asbestos lawsuit, depending on their location. Even after the statutes of limitations have been lapsed, the victims and their families may still be able recover compensation by suing companies that sold asbestos-related products or asbestos trust funds which assume liability on behalf of those companies.
In addition to lawsuits brought by victims on their own they can also join in class actions, which permit them to bring a lawsuit on behalf of groups of victims who have similar asbestos exposure history. It is important to remember that joining a class action could limit your rights and you won't be able to negotiate a personal award.
Your lawyer will gather evidence at trial to show you the extent to which you were exposed and which products that contain asbestos caused your illness. This involves the identification of asbestos producers as well as assembling details about their products, including the locations in which asbestos was used. The defendants may try to challenge this evidence by claiming that you haven't proved your case. However, a knowledgeable mesothelioma lawyer can successfully counter these arguments and get you the amount you are entitled to.
Throughout the litigation, major companies that exposed asbestos victims have tried to reduce their obligation to compensate victims by filing claims that are not legitimate. A skilled mesothelioma lawyer is adept at securing victory over these strategies, which are designed to delay your case so that you will end up dying or becoming too sick to fight for justice.