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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 mesothelioma lawyer can assist you understand the options for compensation available to you. You could be eligible to receive compensation from the company that manufactured or installed asbestos or from an asbestos trust established to settle claims.

How to File a Claim

In most states, mesothelioma victims and those with other asbestos-related illnesses can file a claim for compensation. Attorneys are on hand to assist victims and their family members in obtaining the compensation they deserve. Attorneys and victims must work together to create a solid claim. This includes providing employment and medical records and testimony from family members.

In order to obtain compensation, victims and lawyers will usually file an action against the businesses who exposed them to asbestos. This includes companies that mined asbestos, manufactured products containing asbestos and even 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 attorneys-related illness.

The time frame for filing a lawsuit against mesothelioma can differ from state to state, but usually starts when a person is diagnosed with a disease that is linked to asbestos. Contact a mesothelioma lawyer as soon as possible to know more about your options for compensation.

Attorneys will review the case details and determine whether it is worth the effort during a free consultation. They will ask the patient about their work background, military service, and mesothelioma diagnoses to pinpoint the time and manner in which they were exposed.

The lawyers will explain to the victim the types of compensation they may be entitled. This could include compensatory damages to cover the financial requirements of a patient, such as medical bills as well as lost income and ongoing treatment costs. In some cases, victims may be able to obtain additional financial aid like disability insurance or health insurance. In these instances, an attorney can explain the consequences of pursuing these options on the outcome of a case for mesothelioma.

Case Review

Family members and victims of asbestos exposure can seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits communicate that businesses who put profits over safety have to pay for their mistakes. While compensation can't bring back health or restore loved ones, it can help pay for life-extending treatment and provide financial security for affected family members.

A lawyer who understands the ins and outs of mesothelioma lawsuits can guide 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 on the phone.

During the examination, your attorney will be able to determine the extent to which you were exposed. Many mesothelioma patients were exposed to the hazardous substance at work or while serving in the military. Your attorney can look over your employment history and military records to determine the place you were exposed.

To win a mesothelioma case, you must show where and how you were exposed. It isn't easy for mesothelioma victims to prove that they were exposed to asbestos, especially if it occurred several years before they were diagnosed with the illness. Mesothelioma symptoms can take 20 to 50 years to develop which makes it difficult to determine the connection between exposure and asbestos-related disease.

In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held an open town hall meeting to listen to the complaints of asbestos defendants that NYCAL's dockets have been rigged to favor asbestos plaintiff law firms such as Weitz & Luxenberg. The judge has been given the responsibility of cleaning up the mess and rebuilding confidence in the NYCAL system.

Discovery Phase

In a lawsuit, both sides exchange information on their respective positions. This is referred to as discovery. It can involve looking over documents and also speaking with witnesses under oath, known as depositions. Lawyers for both sides will also share reports and testimony of experts on medical and safety issues.

Defense lawyers have been infamous in asbestos litigation to employ experts and consultants who are employed to discredit the plaintiffs' claims. In this phase of the process, it is important to have an experienced lawyer on your side.

Asbestos lawsuits typically involve a variety of defendants. It could be in a variety of places where a person was exposed. Many different manufacturers or companies can be held responsible. For instance, a mesothelioma lawsuit might claim that a worker was exposed to asbestos at a factory in one location, an oil refinery in another and in the construction of a power plant in still another place.

Mesothelioma symptoms typically manifest between 10 to 40 years after exposure. According to state laws, those diagnosed with mesothelioma could have between one and five year before the statute of limitation expires. Mesothelioma is a rare type of cancer. Patients diagnosed with it receive compensation for medical expenses funeral expenses, as well as other expenses.

Additionally, a successful mesothelioma lawsuit may also award damages 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 liability for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986, and then put the money into a trust to pay out future asbestos claims but continued to manufacture asbestos-related products.

Settlements

Asbestos victims can receive compensation for medical expenses, lost income, and suffering through settlements for lawsuits and jury verdict awards. A knowledgeable mesothelioma lawyer will assist the victim through the legal process, filing the appropriate paperwork and defending them in court.

Since the 1920s asbestos-related lawsuits have been filed. However, it wasn't until the 1970s that evidence was gathered that confirmed the link between asbestos exposure and certain kinds of cancer. After the connection was established, asbestos companies began going insolvent and were forced to set aside large trust funds to cover future lawsuits.

In 1986, these asbestos-related litigation issues prompted the Asbestos Claims Facility to be created. It was established to streamline the handling of claims and to help manage the growing litigation issues. However the number of cases pending continued to increase and by the 2000s, there was a backlog of over a thousand of asbestos lawsuits.

The amount of money mesothelioma sufferers could expect to receive in the event of an award from a jury or settlement depends on a number of factors that include the severity of the disease as well as the time between exposure and the beginning of symptoms. Victims should be aware of the impact of their condition on their quality of life and any impairments resulting from the illness.

Although some asbestos cases resulted in huge verdicts from juries, the majority of victims prefer to settle rather than go to the court. It is usually simpler for the plaintiff to secure a settlement in a lawsuit than to win at trial, and the potential of appeals can tie up the amount of compensation for a long time. Settlements in lawsuits also allow the victim to avoid stress and trauma that comes with testifying during trial.

Trial

Years after exposure, asbestosis, mesothelioma and other asbestos-related illnesses may develop. This means that victims typically have an extended time frame to file lawsuits against the companies responsible for their ailments. State laws known as statutes of limitations typically allow victims between one and three years from diagnosis or discovery to start a lawsuit against asbestos depending on their place of residence. Even after these statutes of limitations expire the victims and their families could be eligible to receive compensation through a lawsuit against the companies that sold them asbestos-related products or asbestos trust funds that assume liability for those companies.

In addition to lawsuits brought by individual victims they can also join class actions that allow them to file a claim on behalf of an entire group of victims with similar asbestos exposure experiences. It is important to remember that joining a class action can limit your rights, and you will not be able to negotiate a personal award.

During the trial your lawyer will collect evidence to prove how you were exposed to asbestos attorneys and the specific asbestos-containing products that caused your disease. This involves identifying asbestos-containing manufacturers and compiling information on their products, including the areas where asbestos attorneys was used. The defendants may attempt to contest this evidence, arguing that you did not demonstrate your case. A mesothelioma lawyer can successfully argue against these arguments and secure the compensation you deserve.

In the course of litigation, big corporations that have exposed asbestos victims have attempted to minimize their obligation to compensate victims by filing frivolous claims. A mesothelioma attorney is able to thwart these tactics that are meant to delay your case until you die or are too ill to continue fighting for justice.