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 variety of locations that employed asbestos-containing products.
A mesothelioma lawyer can assist you understand the options for compensation that are available to you. You may be able to receive compensation from the business that produced or installed asbestos or from an asbestos trust fund set up to pay for claims.
How to File a Claim
In many states, those suffering of mesothelioma or other asbestos illnesses are able to file a claim to be compensated. The process is complicated however, attorneys are readily available to assist victims and their families get the compensation they deserve. Victims must work closely with their attorney, providing details to build a strong case, including medical and employment records, and testimonials from family members.
In the event of pursuing compensation, victims and their lawyers usually pursue a lawsuit against businesses that exposed them to asbestos. This includes companies that produced products containing asbestos and even employers who failed to protect their employees from exposure to asbestos. Family members can also file a wrongful death suit in the event that a loved one has died from an asbestos-related illness.
The time limit for filing a lawsuit against mesothelioma can vary from state-to-state however, it usually begins when someone is diagnosed with a disease related to asbestos. Get in touch with a mesothelioma attorney immediately to know more about your options to receive compensation.
During a free mesothelioma consultation attorneys will discuss the specifics of the case and decide whether it is worth pursuing. They will inquire about the person's employment background, military service and mesothelioma to determine if and when the patient was exposed.
The lawyers will explain to the victim the types of compensation they could be entitled to. This can include compensatory damage to pay for the patient's financial requirements such as medical bills and lost income. In some instances, patients are able to receive additional financial assistance in the form of health insurance or disability benefits. In these cases, an attorney can explain how pursuing these options could impact the outcome of a mesothelioma lawsuit.
Case Review
Victims and their families are able to seek compensation for their losses from asbestos companies through lawsuits. These lawsuits communicate that those who place profits over safety must pay for their negligence. Fayetteville asbestos lawsuit will not bring back health or a loved one's life, but it can provide treatment that prolongs life and provide financial security for affected family members.
A lawyer who is knowledgeable about the mesothelioma's nuances and complexities of litigation can assist clients through each step of the process. A case review is also known as a "case evaluation". This is an opportunity for you and your attorney to talk about your exposure history in person or via the phone.
During the review the attorney will be able assess the extent to which you were exposed asbestos. Many people who have been diagnosed with asbestosis were exposed to this dangerous substance at work or in the military. Your attorney can examine your employment history and military service records to determine the cause of your exposure.
A successful mesothelioma lawsuit hinges on establishing the manner and location you were exposed to asbestos. This can be a challenge for some victims, especially those whose exposure occurred years before the diagnosis of their illness. Mesothelioma symptoms can take 20 to 50 years for the development and it can be difficult to determine the connection between exposure and the asbestos-related disease.
In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to hear complaints from asbestos defendants who claim that NYCAL's docket has been rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. He has been given the task of clearing up the mess and restoring confidence in the NYCAL system.
Discovery Phase
In a lawsuit, both sides discuss their positions in the case. This is known as discovery. This could involve looking at documents and interviewing witnesses under oath, known as depositions. Lawyers for both sides will also share reports and testimony of experts regarding safety and medical issues.
The defendants in asbestos litigation have been known to engage experts and scientists who can be manipulated by the defense lawyers to undermine plaintiffs' claims. It is crucial to have a seasoned lawyer on your team during this stage.
Asbestos cases usually involve multiple defendants. It may have been at many different places that an individual was exposed. A variety of different companies or manufacturers can be held accountable. A mesothelioma case could assert that a worker had been exposed to asbestos in a workplace 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, individuals diagnosed with mesothelioma will have between one and five years to make a claim before the statute of limitations expires. People diagnosed with the rare cancer called mesothelioma typically receive compensation to cover medical expenses funeral costs, as well as other expenses.
A successful mesothelioma claim can also award damages to pay for pain, suffering and loss of quality of life. Many victims and their family members have received multimillion dollar verdicts. However, some defendants have used bankruptcy to avoid responsibility for asbestos-related injuries. Johns-Manville for instance, filed for bankruptcy in 1986. The money was placed into a trust fund to cover future asbestos claims. However the company continues to manufacture asbestos products.
Settlements
Through settlements of lawsuits or verdicts of a jury, asbestos victims can be awarded compensation for medical expenses, lost income and suffering. A knowledgeable mesothelioma lawyer will assist the victim through the legal process, filing the proper paperwork and representing them in court.
The lawsuits claiming asbestos exposure and illnesses have been filed from the 1920s onward, but it was not until the 1970s when evidence collected to prove the connection between asbestos and certain types of cancers. After the connection was established, asbestos companies began going into bankruptcy and were required to set aside large trust funds to pay for future lawsuits.
In 1986, these asbestos litigation issues led the Asbestos Claims Facility to be formed. It was set up to coordinate the handling of claims as well as to help manage the growing litigation crisis. The number of pending asbestos cases increased, and by the 2000s there was a backlog involving thousands of asbestos lawsuits.
The amount mesothelioma patients is likely to receive as a result of a jury award or settlement is contingent upon a variety of factors, including the severity of the disease as well as the time period between exposure and the beginning of symptoms. Victims should also consider the impact their condition affects their lives and any impairments that may result.
Although some asbestos cases have resulted in substantial verdicts from juries, the majority of victims settle their cases rather than go to court. A lawsuit settlement is usually more likely to be won than a trial. It is also possible that an appeal could delay compensation for years. A settlement with a lawsuit can help the victim avoid the stress and trauma of testifying at trial.
Trial
Years after exposure, asbestosis, mesothelioma and other asbestos-related diseases could develop. This means that victims typically have a long time to file lawsuits against the companies that caused their illness. Statutes of limitations, as they are known in the state allow people between one and three years to file a lawsuit against asbestos depending on where they live. Even after the statutes of limitations have been lapsed, the victims and their families could still be able to obtain compensation by suing companies who sold asbestos-related products or asbestos trust funds, which accept liability on behalf of those companies.
In addition to lawsuits filed by individuals they can also join class actions that permit them to make a claim on behalf of groups of victims who have similar asbestos exposure histories. It is important to keep in mind that joining a class action may restrict your rights and you won't be able to negotiate an individual award.
Your lawyer will collect evidence at trial to prove how you were exposed, and what specific products containing asbestos caused your illness. This includes identifying asbestos producers and compiling information about their products, as well as the areas where asbestos was used. Defendants may try to challenge this evidence and argue that you didn't prove your case. A mesothelioma lawyer can refute these arguments and get the compensation you deserve.
Throughout the litigation, large corporations who exposed asbestos victims have attempted to minimize their responsibility to compensate victims through filing claims that are not legitimate. A skilled mesothelioma lawyer is adept at securing the victory against these strategies, which are designed to delay your case, so that you end up dying or becoming too sick to continue fighting for justice.