How to File an Asbestos Lawsuit

Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because a lot of victims worked at a variety of locations that employed asbestos-containing products.

A knowledgeable mesothelioma lawyer will assist you in understanding your options regarding compensation. You could be eligible to receive compensation from the business that manufactured or installed asbestos or from an asbestos trust that was established to pay for claims.

Filing a Claim

In most states, victims of mesothelioma and other asbestos-related diseases can file a legal claim for compensation. The process is complex, but attorneys are available to assist families of victims get the compensation they deserve. Victims and their attorneys must work closely together to construct a strong claim. This includes providing evidence of employment and medical history and testimony from family members.

To receive compensation the victims and lawyers typically file a lawsuit against the companies that exposed them asbestos. This includes companies that mined asbestos, manufactured asbestos-based products and even employers that did not protect workers from exposure. Family members can also make a claim for wrongful death 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 but generally begins when a person is diagnosed with a condition that is related to asbestos. It is recommended that people consult an experienced mesothelioma lawyer as soon as possible to understand the options for pursuing compensation.

During a free mesothelioma consultation attorneys will go over the details of the case and decide whether it's worth the effort. They will ask about the person's employment background, military service and mesothelioma diagnoses to determine how and when the patient was exposed.

The lawyers will then explain to the victim the types of compensation they might be entitled. This could include compensatory damages to meet the financial requirements of a patient, such as medical bills, lost income and ongoing costs for treatment. In some cases, victims might be eligible for additional forms of financial assistance like disability insurance or health insurance. In these cases an attorney will explain how seeking these options can affect the outcome of a mesothelioma lawsuit.

Case Review

Family members and victims of asbestos exposure are able to seek compensation for their losses from asbestos companies through lawsuits. These lawsuits convey the message that businesses who put profits before safety should be held accountable for their mistakes. Compensation is not able to bring back health or a loved one's life, but it can pay for treatment that prolongs the life of a person and provide financial security to families affected.

A lawyer who is knowledgeable about the ins and outs of mesothelioma lawsuits can help clients through every step of the process. A case review is also referred to as a "case evaluation". This is an opportunity for you and your mesothelioma attorney to meet in person or on the phone to go over your exposure history.

During the review your attorney will be able to determine the extent to which you were exposed. Many people who have been diagnosed with asbestosis were exposed dangerous material while at work or in the military. Your attorney can look over your employment history and military service records to determine the source of your exposure.

To win a mesothelioma case, you must establish the location and method by which you were exposed. This can be difficult for some victims, specifically those whose exposure occurred several years prior to the diagnosis of their disease. It can take up to 50 years for mesothelioma to develop, making it difficult to connect asbestos exposure to the disease.

In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held a town hall to hear complaints from asbestos attorney defendants regarding the docket of NYCAL being rigged to favor of asbestos plaintiff law firms like Weitz & Luxenberg. He has been charged with cleaning 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. Depositions may involve examining documents as well as interviewing witnesses under the oath. The lawyers for both sides will also discuss reports and testimony of experts on medical and safety issues.

Defense attorneys have been known to engage scientists and consultants who are employed to discredit the plaintiffs' claims. In this phase of the process, it's crucial to have a skilled lawyer on your side.

Asbestos cases usually involve multiple defendants. It could have occurred at a variety of locations that an individual was exposed. Many different manufacturers or companies can be held responsible. A mesothelioma lawsuit could claim that a worker was exposed to asbestos in a workplace or oil refinery and a power plant.

The symptoms of mesothelioma typically show between 10 and 40 years after exposure. According to the laws of the state that treat mesothelioma patients, they may have between one and five years before the time limit expires. Patients diagnosed with the rare cancer known as mesothelioma typically receive compensation to cover medical bills funeral costs, as well as other expenses.

Additionally to that, a mesothelioma lawsuit that is successful may also award compensation for pain and suffering, as well as loss of quality of life. A lot of victims and their families have been awarded multimillion-dollar settlements. Some defendants have utilized bankruptcy to avoid liability for injuries caused by asbestos. For instance, Johns-Manville filed for bankruptcy in 1986 and put money into an trust to pay for future asbestos claims but has continued to manufacture asbestos products.

Settlements

Asbestos victims can be compensated for medical expenses, lost income and suffering as a result of settlements in lawsuits and jury verdicts. A mesothelioma attorney will guide patients through the legal process, filing the necessary paperwork and representing the client in court.

Lawsuits alleging asbestos exposure and illness have been filed since the 1920s, but it was not until the 1970s when evidence collected to prove the connection between asbestos and certain kinds of cancers. Once the connection was established asbestos companies began going into bankruptcy and were required to put aside large trust funds to pay for future lawsuits.

These asbestos litigation issues led to the establishment of the Asbestos Claims Facility in 1986 that was created to centralize the handling of claims and assist in managing the ever-growing litigation crisis. However the number of pending cases continued to rise and by the 2000s there was a backlog of thousands of asbestos lawsuits.

The dollar amount a mesothelioma victim could expect to receive from a lawsuit settlement or jury award is contingent upon several factors, including the severity of the illness and the length of time between exposure and the first signs appearing. Victims must also consider the impact of their condition on the quality of their life, and any impairments that result from it.

Although some asbestos cases resulted in substantial verdicts from juries, most victims prefer to settle rather than go to the court. It is typically easier for the plaintiff to win a lawsuit settlement than to prevail at trial, and the possibility of appeals can stall the amount of compensation for a long time. Also, a lawsuit settlement lets the victim get away from the stress and anxiety of testifying in court.

Trial

Mesothelioma, asbestosis, and other types of asbestos lawyer-related diseases can occur years after exposure. The result is that patients often have long periods of time to file lawsuits against the companies responsible for their illnesses. State laws, also known as statutes-of-limitations provide people with between one and three years to file an asbestos lawsuit depending on where they live. Even after the statutes of limitation have expired, victims and their families may still be able recover compensation from companies that sold asbestos-related products or asbestos trust funds which take on the responsibility of those companies.

In addition to filing lawsuits on their own behalf victims may also join group actions. This allows them to file complaints on behalf of others who have similar asbestos exposure histories. It is important to keep in mind that joining a group action could limit your rights, and you will not 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 contributed to your condition. This includes identifying asbestos producers and compiling information on their products, including the areas where asbestos was used. The defendants may try to challenge this evidence, arguing that you've not proved your case. However, a skilled mesothelioma lawyer can successfully counter these arguments and help you get the amount you are entitled to.

Throughout the litigation, major corporations that have exposed asbestos victims have attempted to minimize their responsibility to compensate victims through filing claims that are frivolous. A mesothelioma lawyer can be in a position to stop these tactics that are meant to delay your case until you die or are too ill to continue fighting for justice.