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 various sites by victims.
An experienced mesothelioma lawyer can help you understand the options for compensation. You could be eligible to receive compensation from the business that manufactured or installed asbestos or from an asbestos trust established to pay for claims.
How to File a Claim
In most states, victims of mesothelioma and other asbestos illnesses are able to file a claim to be compensated. Attorneys are available to assist victims and their family members in obtaining the compensation they deserve. Victims must work closely their attorney, providing information to prove their case, including documents from employment and medical records and testimonials from family members.
To obtain compensation, victims and lawyers will typically file an action against the businesses that exposed them asbestos. This includes companies that mined asbestos raw, manufactured asbestos-based products and employers who failed to protect workers from exposure to asbestos. Family members can also file a wrongful death suit when a loved one dies from an asbestos-related illness.
The time frame for filing a lawsuit against mesothelioma can vary from state-to-state however, it usually begins when a person is diagnosed with a condition that is related to asbestos. Get in touch with a mesothelioma attorney as soon as you can to know more what options you have to receive compensation.
Attorneys will review the details of the case and decide if it is worth pursuing in a no-cost consultation. They will inquire about their work history, military service and mesothelioma-related diagnoses to determine when and how they were exposed.
The lawyers will then explain to the victim the types of compensation they could be entitled. This can include compensatory damage to meet financial needs such as medical bills and income loss. In Arvada asbestos lawyers , patients are able to receive additional financial assistance in the form of health insurance or disability benefits. In these cases an attorney can help explain the impact of pursuing these options on the outcome of a claim for mesothelioma.
Case Review
Victims and their families can seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits convey that businesses who prioritize profit over safety must pay for their negligence. While compensation cannot restore health or bring back the life of a loved one however, it can help pay for life-extending treatments and provide financial security for affected family members.
A lawyer who knows the ins and outs of mesothelioma lawsuits can guide clients through every step of the process. One of the most important steps is a case review, also known as a case evaluation. This is a chance for you and your attorney to talk about your history of exposure in person or via the phone.
During the review your attorney will be able to assess how you were exposed to asbestos. Many people diagnosed with mesothelioma were exposed to the dangerous substance at work or while serving in the military. Your attorney can review your employment history and military service documents 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 is not easy for patients to prove that they were exposed to asbestos, especially if it occurred several years before they were diagnosed with the illness. It can take as long as 50 years before mesothelioma begins to be diagnosed, which makes it difficult to establish a link between asbestos exposure to the disease.
In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held a town hall to listen to complaints from asbestos defendants about the docket of NYCAL being rigged in favor of asbestos plaintiff law firms such as Weitz & Luxenberg. The judge is charged with clearing up the mess and restore trust in the NYCAL system.
Discovery Phase
In a lawsuit the parties exchange information about their positions in the case. This is called discovery. Depositions can involve looking over documents as well as examining witnesses under an oath. Both parties will also share reports and expert testimony on medical and safety concerns.
Defendants in asbestos litigation have been known to employ consultants and scientists who could be manipulated by defense lawyers to undermine plaintiffs claims. In this stage of the process, it is important to have an experienced lawyer to represent you.
Asbestos cases typically involve a number of defendants. There could have been numerous locations where an individual was exposed to asbestos and many different companies or manufacturers could be held liable. For example mesothelioma lawsuits may allege that a worker was exposed to asbestos at an industrial facility in one state and an oil refinery in another and in the construction of an energy plant in another place.
Symptoms of mesothelioma usually appear between 10 and forty years after exposure. According to the laws of the state, those diagnosed with mesothelioma may have between one and five years before the time limit expires. Mesothelioma can be a rare cancer. Those who are diagnosed with it are compensated for medical expenses funeral expenses, as well as other expenses.
A successful mesothelioma claim could also award damages to compensate for pain, suffering and loss in quality of life. A lot of victims and their families have been awarded multimillion-dollar settlements. Some defendants have utilized bankruptcy as a way to avoid liability for injuries caused by asbestos. For instance, Johns-Manville filed for bankruptcy in 1986 and put money into a trust to pay out future asbestos claims, but has continued to manufacture asbestos products.
Settlements
Asbestos victims can be compensated for medical expenses, lost income and pain and suffering through settlements in lawsuits and jury verdict awards. A knowledgeable mesothelioma lawyer will guide the victim through the legal process, filing the proper paperwork and representing them in court.
Lawsuits alleging asbestos exposure and illness have been filed since the 1920s, but it wasn't until the 1970s when evidence built up to confirm the connection between asbestos and certain kinds of cancers. As soon as the link was confirmed, 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 creation of the Asbestos Claims Facility in 1986, which was designed to centralize the handling of claims and help manage the increasing litigation issue. The number of asbestos litigation cases increased and in the early 2000s, there was a backlog of thousands of asbestos lawsuits.
The dollar amount that a mesothelioma patient is likely to receive as a result of an award from a jury or settlement is contingent upon a variety of factors, including the degree of the disease and the time between the exposure and the onset of symptoms. Victims should also take into account the impact of their illness on their quality of life, and any impairments that result from it.
While asbestos cases can result in large jury verdicts, most victims opt for a settlement rather than taking the case to trial. A settlement in a lawsuit is typically easier to win than a trial. And the possibility of an appeal can delay compensation for years. A settlement in a lawsuit also allows the victim to avoid stress and trauma that comes with testifying during trial.
Trial
In the years following exposure, mesothelioma, asbestosis and other asbestos-related diseases may develop. The result is that patients often have an extended time frame to file lawsuits against the companies that caused their illness. State laws known as statutes of limitations typically give victims between one and three years from diagnosis or discovery to file an asbestos lawsuit, depending on their location. Even after these statutes of limitations have expired 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 the companies.
In addition to lawsuits brought by individual victims, victims can join in class actions, which allow them to bring a lawsuit on behalf of an entire group of victims with similar asbestos exposure experiences. However, it is important to remember that joining a class action could limit your rights as a plaintiff. Additionally, you won't be able to negotiate a personal award with defendants.
During the trial the lawyer will gather evidence to show the extent to which you were exposed and the specific asbestos-containing products that caused your illness. This involves identifying asbestos-containing manufacturers and compiling information on their products, as well as the locations where the asbestos was used. Defendants may try to challenge this evidence and claim that you did not demonstrate your case. However, a knowledgeable mesothelioma lawyer will be able to successfully challenge these arguments and secure the compensation you are entitled to.
In the course of litigation large corporations that exposed victims asbestos have attempted to reduce their liability to compensate victims by filing flimsy motions. A mesothelioma lawyer can be capable of securing the victory against these tactics, which are designed to delay your case until you pass away or become too ill to continue fighting for justice.