How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because many victims worked at a variety of places that used asbestos-containing products.
A mesothelioma lawyer can help you understand the options for compensation that are available to you. You may be eligible for compensation from the company who manufactured or installed asbestos or from an asbestos trust that was established to pay for claims.
Making a Claim
In most states, victims of mesothelioma as well as other asbestos-related diseases can file a legal claim for compensation. Attorneys are available to assist victims and their families in obtaining the compensation they deserve. Victims must work closely with their attorney, providing details to build a strong case, including medical and employment records, and testimonies from family members.
To obtain compensation lawyers and victims will usually file a lawsuit against the company who exposed them to asbestos. This includes companies that mined raw asbestos, manufactured asbestos-based products and employers who failed to protect workers from exposure to asbestos. Families can also sue for wrongful death if their loved ones died from an asbestos-related disease.
The time frame for filing a lawsuit against mesothelioma can differ from state to state however, it usually begins when someone is diagnosed with a disease that is linked to asbestos. Individuals should speak with an experienced mesothelioma lawyer as soon as possible to understand the options available to seek compensation.
During a free mesothelioma consultation, attorneys will discuss the specifics of the case to determine whether it is worth pursuing. They will ask the patient about their employment background, military service, and mesothelioma diagnoses to pinpoint the time and manner in which they were exposed.
Lawyers will explain the different types of compensation that a victim could be entitled to. This can include compensatory damages to meet the financial requirements of a patient, like medical bills, lost income and ongoing treatment costs. In some instances, patients are able to receive additional financial assistance through health insurance or disability benefits. In these situations an attorney will explain how seeking these options can affect the outcome of a mesothelioma case.
Case Review
Families of victims 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. Compensation cannot bring back health or a loved one's life, but it can provide treatment that prolongs life and provide financial security to the family members affected by the illness.
A lawyer who is knowledgeable about the mesothelioma's ins and outs of litigation can guide clients through each step of the process. A case review is also referred to as a "case evaluation". This is a chance for you and your mesothelioma lawyer to meet in person or over the phone and go over your exposure information.
During the review your attorney will be able to determine the extent to which you were exposed. Many patients diagnosed with mesothelioma were exposed to asbestos-containing material while at work or serving in the military. Fontana asbestos attorney can review your employment history as well as military service records to determine the cause of your exposure.
In order to succeed in a mesothelioma claim you must be able to show where and how you were exposed. It is not easy for patients to prove their asbestos exposure particularly if it happened many years before they were diagnosed with the illness. It can take up to 50 years for mesothelioma to develop, making it difficult to connect 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 complaints from asbestos defendants that NYCAL's docket has been modified to favor asbestos plaintiff law firms such as Weitz & Luxenberg. He's been tasked with cleaning up the mess and restoring trust in the NYCAL system.
Discovery Phase
In a lawsuit, both sides exchange information about their positions in the case. This is called discovery. This can involve examining documents and interviewing witnesses under oath, referred to as depositions. Lawyers for both sides will also discuss reports and testimony of experts regarding safety and medical issues.
Defense lawyers have been known to employ consultants and scientists who can be used to discredit plaintiffs claims. In this stage of the process, it is crucial to have a skilled lawyer on your side.
Asbestos lawsuits typically involve a variety of defendants. There could have been a variety of locations where a person was exposed to asbestos, and various companies or manufacturers could be held accountable. A mesothelioma lawsuit could claim that a worker had been exposed to asbestos in a workplace, an oil refinery, and even a power plant.
Mesothelioma symptoms typically manifest between 10 and 40 years after exposure. Based on the laws of each state those diagnosed with mesothelioma are given between one and five years to submit an application before the time limit expires. Mesothelioma is a rare type of cancer. Those who are diagnosed with it are compensated for medical expenses funeral expenses, and other expenses.
A successful mesothelioma case can also award damages to compensate for suffering, pain and loss in quality of life. A lot of victims and their families have been awarded multimillion-dollar settlements. However certain defendants have used bankruptcy to avoid responsibility for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986, and then put the money into an trust to pay for future asbestos claims, but has continued to manufacture asbestos products.
Settlements
Asbestos patients can claim compensation for medical expenses, lost income and pain and suffering through settlements in lawsuits and jury verdicts. A mesothelioma lawyer who is knowledgeable will guide the victim through the legal process, submitting the proper paperwork and representing the victim in court proceedings.
Since the 1920s asbestos-related lawsuits were filed. However it wasn't until the 1970s that evidence was gathered that confirmed the link between asbestos exposure and certain kinds of cancer. When the link was established, asbestos companies began to fail. They were also forced to establish large trust funds in order to fund future litigation.
These asbestos litigation issues led to the establishment of the Asbestos Claims Facility in 1986 It was created to centralize the handling of claims and assist in managing the growing litigation crisis. The number of asbestos-related cases increased, and by the 2000s there was a backlog of thousands of asbestos lawsuits.
The amount a mesothelioma patient can expect to receive from a lawsuit settlement or jury award is contingent upon various factors, including the severity of the condition and the time between the exposure and first signs appearing. Victims must also consider the impact of their condition on the quality of their life and any resulting impairments.
Although some asbestos cases have resulted in substantial verdicts from juries, most victims prefer to settle rather than take the case to the court. A settlement agreement is generally easier to win than a trial. And the possibility of an appeal can delay compensation for many years. A lawsuit settlement also allows the victim to avoid the stress and trauma that comes with testifying during trial.
Trial
Years after exposure, asbestosis, mesothelioma and other asbestos-related diseases could develop. It is not unusual for asbestos-related victims to be stricken for a long period of time before they are able to bring a lawsuit against the companies accountable for their affliction. 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 where they live. Even after the statutes of limitation have expired, victims and their families could still be able to recover compensation by suing companies that sold asbestos-related products to them, or asbestos trust funds that accept liability on behalf of those companies.
As well as filing lawsuits on behalf of themselves victims may also join group actions. This allows them to submit an action on behalf of others who have similar asbestos exposure history. However, it is important to remember that joining a class action can restrict your rights as a plaintiff and you will not be in a position to negotiate an individual award with defendants.
Your lawyer will gather evidence during trial to show you the extent to which you were exposed and which products that contain asbestos caused your illness. This involves identifying asbestos producers and compiling details about their products, including the places where asbestos was employed. Defendants may try to challenge this evidence and claim that you did not establish your case. However, a skilled mesothelioma lawyer can successfully counter these arguments and help you get the compensation you are entitled to.
In the course of litigation large companies that exposed victims to asbestos have attempted to reduce their responsibility to pay compensation by filing flimsy motions. A mesothelioma lawyer is able to thwart these tactics, which are designed to delay your case until you die or are too ill to continue fighting for justice.