How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because many victims worked at a number of locations that employed asbestos-containing products.
An experienced mesothelioma lawyer can assist you in understanding your compensation options. You may be able receive compensation from the company that manufactured or installed asbestos, or from an asbestos trust fund that was established to pay for claims.
How to File a Claim
In most states, victims of mesothelioma as well as other asbestos illnesses can file a claim to be compensated. The process can be complicated however, lawyers are there to help victims and their families get the compensation they deserve. Attorneys and victims must work together to create a solid claim. This includes providing medical and employment records as well as evidence from family members.
To receive compensation lawyers and victims will typically file an action against the businesses that exposed them to asbestos. This includes companies who produced products containing asbestos and even employers who did not safeguard their workers from exposure to asbestos. Family members may also make a claim for wrongful death when a loved one dies due to an asbestos-related disease.
The time limit for filing mesothelioma-related lawsuits may differ from state to state, but usually begins when someone is diagnosed with a condition that is related to asbestos. Consult a mesothelioma attorney as soon as you can to find out what options you have to receive compensation.
At a no-cost mesothelioma consult attorneys will go over the specifics of the case to determine whether it's worth the effort. They will ask the patient about their employment background, military service, and mesothelioma-related diagnoses to determine the time and manner in which they were exposed.
The lawyers will then explain to the victim what types of compensation they could be entitled to. This can include compensatory damages to meet a patient's financial needs such as medical expenses, lost income and ongoing treatment costs. In some cases, victims might be eligible for additional forms of financial aid such as health insurance or disability benefits. In these instances, an attorney can explain how seeking these options could impact the outcome of a mesothelioma claim.
Case Review
Family members and victims of asbestos exposure are able to seek financial compensation from asbestos companies through lawsuits. These lawsuits convey that businesses who prioritize profit over safety should be held accountable for their mistakes. Although compensation isn't able to help restore health or bring back loved ones but it can pay for life-extending treatment and provide financial security for affected family members.
A lawyer who is knowledgeable about the mesothelioma's nuances and complexities of litigation can help clients navigate each step of the procedure. 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 and go over your exposure history.
During the review, your attorney will be in a position to determine how you were exposed. Many patients diagnosed with mesothelioma were exposed to asbestos-containing substance at work or while serving in the military. Your attorney can look over your documents of your employment and military records to determine the place you were exposed.
A successful mesothelioma lawsuit hinges on establishing the manner and location you were exposed to asbestos. This can be difficult for some victims, particularly those whose exposure occurred several years prior to the diagnosis of their disease. It can take as long as 50 years for mesothelioma to develop, making it difficult to link asbestos exposure to the disease.
In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton hosted a town hall meeting to listen to complaints from asbestos defendants about the docket of NYCAL being rigged to favor asbestos plaintiff law firms such as Weitz & Luxenberg. The judge is charged with clearing up the mess and restore confidence in the NYCAL system.
Discovery Phase
In a lawsuit, the two sides exchange information about their respective positions. This is called discovery. Depositions can include examining documents as well as examining witnesses under oath. Chula Vista asbestos attorneys will also share reports and testimony from experts on medical and safety concerns.
Defense attorneys have been infamous in asbestos litigation to employ consultants and scientists who can be used to discredit the plaintiffs' claims. It is crucial to have a skilled lawyer on your side during this stage.
Asbestos cases often involve many defendants. There could have been numerous places where a person was exposed to asbestos and various companies or manufacturers could be held liable. A mesothelioma case could assert that a worker had been exposed to asbestos in a factory, an oil refinery, and even a power plant.
Mesothelioma symptoms usually manifest between 10 and 40 years after exposure. Based on the laws of each state patients diagnosed with mesothelioma will have between one and five years to submit an application before the time limit expires. People diagnosed with the rare cancer called mesothelioma typically receive compensation to cover medical bills funeral costs, as well as other expenses.
A successful mesothelioma case can also award damages to pay for pain, suffering and loss of quality of life. Many victims and their families have received multimillion dollar verdicts. Some defendants have used bankruptcy to avoid liability 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 continued to manufacture asbestos-related products.
Settlements
Through settlements of lawsuits and verdicts of a jury, asbestos victims are entitled to compensation for medical expenses, lost income, and suffering. A mesothelioma lawyer who is knowledgeable will guide the victim through the legal process, including the appropriate paperwork and defending the victim in court proceedings.
The lawsuits claiming asbestos exposure and illnesses have been filed from the 1920s onward, but it was not until the 1970s when evidence collected to prove the connection between asbestos and certain types of cancers. Once the connection was established asbestos companies began going insolvent and were forced to set aside large trust funds to fund future lawsuits.
In 1986, these asbestos-related litigation issues prompted the Asbestos Claims Facility to be established. It was established to centralize the handling of claims as well as to help manage the growing litigation crisis. The number of asbestos-related cases increased, and in the early 2000s, there was a backlog of thousands of asbestos lawsuits.
The dollar amount a mesothelioma patient is likely to receive from a settlement in a lawsuit or jury award is contingent on various factors, including the severity of the illness and the length of time between exposure and first signs showing. Victims should also think about the impact that their illness affects their lives and any impairments that could result from it.
While some asbestos cases ended in large verdicts by juries, the majority victims choose to settle rather than take the case to court. It is usually easier for the plaintiff to win a lawsuit settlement than to prevail at trial, and the possibility of appeals can tie up compensation for a number of years. A settlement with a lawsuit lets the victim avoid the stress and trauma of appearing in court.
Trial
Mesothelioma, asbestosis, and other asbestos-related diseases can occur years after exposure. This means victims often have long periods of time to file lawsuits against companies responsible for their ailments. State laws, called statutes-of-limitations allow people between one and three years to file an asbestos lawsuit depending on where they live. Even after these statutes of limitation have passed victims and their loved ones could be eligible to receive compensation through a lawsuit against businesses who sold them asbestos-related products or asbestos trust funds that assume responsibility for those companies.
In addition to filing lawsuits on behalf of themselves, victims can also join class actions. This allows them to make an action on behalf of others who have similar asbestos exposure histories. It is important to keep in mind that joining a group action can limit your rights and you won't be able negotiate a personal award.
Your lawyer will gather evidence during trial to show you how you were exposed and which products that contain asbestos caused your condition. This involves identifying asbestos-containing manufacturers and assembling information about their products, including the places where asbestos was used. The defendants may try to challenge this evidence and claim that you haven't proved your case. However, a skilled mesothelioma lawyer can successfully counter these arguments and get you the compensation you are entitled to.
Throughout the litigation, large corporations that have exposed asbestos victims have attempted to minimize their obligation to compensate victims by filing claims that are frivolous. A skilled mesothelioma lawyer is adept at securing the victory against these tactics, which are designed to delay your case, so that you die or become too sick to fight for justice.