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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 attorney can help you understand the options for compensation available to you. You may be able receive compensation from the company that manufactured or installed asbestos, or from an asbestos trust fund that was established to settle claims.
How to File a Claim
In the majority of states, mesothelioma patients as well as those with other asbestos-related illnesses are able to submit an action for compensation. Attorneys are available to assist victims and their family members in getting the compensation they deserve. Attorneys and victims must work together to create a solid claim. This includes providing evidence of employment and medical history as well as testimony from family members.
To receive compensation the victims and lawyers usually file a lawsuit against the companies who exposed them to asbestos. This includes companies who extracted asbestos, made products that contain asbestos, and even employers who did not protect their employees from exposure to asbestos. 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 differ from state to state however, it usually begins when a person is diagnosed with a disease that is linked to asbestos. People should consult with an experienced mesothelioma lawyer as soon as possible to learn about the options for pursuing compensation.
In a mesothelioma consultation for free attorneys will discuss the specifics of the case to determine whether it’s worth the effort. They will inquire about the patient’s work history, military service and mesothelioma to determine if and when the patient was exposed.
Lawyers will then explain the various types of compensation a victim might be entitled to. This could include compensatory damages to cover the patient’s financial needs such as medical bills and lost income. In some cases, victims can receive additional financial assistance in the form of health insurance or disability benefits. In these situations an attorney will explain how seeking these options might affect the outcome of a mesothelioma claim.
Case Review
Family members and victims of asbestos exposure can seek compensation for their losses from asbestos companies through lawsuits. These lawsuits send the message that businesses who put profits over safety have to pay for their negligence. Although compensation isn’t able to restore health or bring back loved ones but it can pay for life-extending treatment and provide financial security to families affected by the illness.
A lawyer who understands the ins and outs of mesothelioma lawsuits will be able to guide clients through every step of the process. A case review is also known as an “case evaluation”. This is a chance for you and your mesothelioma lawyer to meet in person or on the phone to go over your exposure background.
During the review your attorney will be able to determine the extent to which you were exposed asbestos. Many people diagnosed with asbestosis were exposed to this dangerous substance at work or in the military. Your attorney can review your documents of your employment and military records to determine how you were exposed.
In order to succeed in a mesothelioma claim you must prove where and how you were exposed. It can be difficult for victims to prove their exposure to asbestos, especially if it occurred many years before they were diagnosed with the disease. Mesothelioma symptoms may take 20 to 50 years to develop which makes it difficult to connect the dots between exposure and the asbestos-related disease.
In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held an open town hall meeting to hear complaints from asbestos defendants who claim that NYCAL’s docket has been manipulative to favor asbestos plaintiff law firms like Weitz & Luxenberg. He’s charged with cleaning up the mess and rebuilding confidence in the NYCAL system.
Discovery Phase
In a lawsuit, the parties share information about their respective positions. This is referred to as discovery. It can involve looking over documents and also speaking with witnesses under oath, referred to as depositions. Both sides will also exchange reports and expert testimony on safety and medical concerns.
Plaintiffs in asbestos litigation have been known to engage consultants and scientists who could be manipulated by the defense attorneys to discredit plaintiffs’ claims. It is crucial to have a competent lawyer on your team in this phase.
Asbestos cases often involve many defendants. It could have occurred at a variety of locations where a person was exposed. A variety of different companies or manufacturers could be held accountable. For example mesothelioma lawsuits may claim that a worker was exposed to asbestos at a factory in one location and an oil refinery in another and in the construction of an energy plant in another place.
The symptoms of mesothelioma typically show between 10 and 40 years after exposure. Depending on state laws those diagnosed with mesothelioma are given between one and five years to submit an application before the statute of limitations expires. Those diagnosed with the rare cancer called mesothelioma usually receive compensation to pay for medical bills funeral costs, and other expenses.
A successful mesothelioma case could also award damages to pay for pain, suffering and loss in quality of life. Many victims and their family members have received multimillion-dollar verdicts. Some defendants have utilized bankruptcy as a way to avoid liability for injuries caused by asbestos. Johns-Manville, for example, filed for bankruptcy in 1986. The money was put into a trust fund that was set up to pay for future asbestos-related claims. However the company has continued to produce asbestos-related products.
Settlements
Asbestos patients can claim compensation for medical expenses, lost income and pain and suffering through settlements in lawsuits and jury verdict awards. A mesothelioma lawyer will guide victims through the legal process, filing the necessary paperwork and representing them at court proceedings.
Since the 1920s asbestos-related lawsuits have been filed. However it wasn’t until 1970s that evidence was discovered that proved the link between asbestos exposure and certain kinds of cancer. Once the connection was confirmed asbestos companies began going bankrupt and were forced to reserve large trust funds to cover future lawsuits.
In 1986, these asbestos litigation issues led the Asbestos Claims Facility to be created. It was established to coordinate the handling of claims and to help in managing the ever-growing litigation issues. However, the number of cases that were pending continued to rise and by the time of the 2000s, there was a backlog of tens of thousands of asbestos lawsuits.
The dollar amount that mesothelioma sufferers could expect to receive as a result 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 period between exposure and the beginning of symptoms. Victims should also consider the impact of their condition on their quality of life, and any impairments that result from it.
Although asbestos cases have resulted in huge jury verdicts, the majority of asbestos victims prefer a settlement rather than proceeding to trial. It is usually simpler for the plaintiff to win a lawsuit settlement than to win a trial, and the potential of appeals can tie up compensation for years. Settlements in lawsuits also allow the victim to avoid the stress and trauma of having to testify at trial.
Trial
In the years following exposure, asbestosis, mesothelioma and other asbestos-related diseases may develop. It is not unusual for asbestos-related victims to be stricken for a long period of time before they are able to file a lawsuit against the companies that are responsible for their affliction. Rochester asbestos lawyer , also known as statutes-of-limitations, give people between one and three years to file an asbestos lawsuit 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 brought by victims on their own they can also join class actions, which permit them to bring a lawsuit on behalf of a group of victims with similar asbestos exposure history. However, it is important to keep in mind that joining a class action can restrict your rights as a plaintiff. You will also not be capable of negotiating an individual settlement with defendants.
Your lawyer will gather evidence at trial to demonstrate how you were exposed, and which products that contain asbestos caused your condition. This involves the identification of asbestos producers as well as assembling information about their products, and the locations where asbestos was used. The defendants could try to counter this evidence by claiming that you’ve not proved your case. A mesothelioma lawyer can successfully defend these arguments and obtain the compensation you deserve.
In the course of litigation, large corporations that exposed victims asbestos have tried to diminish their responsibility to pay compensation by filing flimsy motions. A knowledgeable mesothelioma lawyer is adept at securing the victory against these tactics designed to delay your case, so that you will be unable to live or get sick to continue fighting for justice.