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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 compensation options that are available to you. You may be able to receive compensation from the business which manufactured or installed asbestos, or from an asbestos trust fund that was established to settle claims.

How to File a Claim

In most states, mesothelioma patients and those with other asbestos-related illnesses can submit claims for compensation. The process is complicated, but attorneys are available to assist victims and their families get the compensation they deserve. Attorneys and victims must work together to construct a strong claim. This includes providing medical and employment records as well as evidence from family members.

In the event of pursuing compensation, victims and their lawyers usually file a lawsuit against companies that exposed them. This includes companies that produced products that contain asbestos, and even employers who did not safeguard their employees from exposure to asbestos. Family members may also bring a wrongful death lawsuit in the event that a loved one has died from an asbestos-related illness.

The statute of limitations for the filing of a mesothelioma suit can vary by state, but usually begins when someone is diagnosed with an asbestos-related disease. People should consult with an expert mesothelioma lawyer in the earliest time as they can to find out the options for seeking compensation.

During a free mesothelioma consultation attorneys will discuss the specifics of the case and determine whether it is worth pursuing. They will inquire about their job history, military service and mesothelioma diagnoses to pinpoint the time and manner in which they were exposed.

Lawyers will then go over the various forms of compensation a victim may be entitled to. This can include compensatory damages to cover the financial needs of a patient like medical bills or lost income, as well as ongoing costs for treatment. In certain cases, patients might be eligible for additional financial aid like health insurance or disability benefits. In these instances an attorney can help explain how the pursuit of these options can affect the outcome of a mesothelioma case.

Case Review

Lawsuits against asbestos companies are an opportunity for asbestos victims and their families to seek compensation for their losses. These lawsuits convey the message that businesses that put profit before safety should be held accountable for their negligence. While compensation cannot restore health or bring back loved ones however, it can help pay for life-extending treatments and provide financial security for affected family members.

A lawyer who understands the mesothelioma's ins and outs of litigation can help clients navigate each step of the procedure. A case review is also referred to as a "case evaluation". This is a chance for you and your attorney to discuss your history of exposure in person or over the phone.

During the review the attorney will be able to determine how you were exposed to asbestos. Many people who have been diagnosed with asbestosis were exposed to this dangerous material while at work or in the military. Your attorney can examine your employment history as well as military service documents to determine the cause of your exposure.

In order to be successful in a mesothelioma lawsuit, you must prove where and how you were exposed. This can be difficult for some victims, especially those whose exposure occurred several years prior to the diagnosis of their illness. Mesothelioma symptoms may take 20 to 50 years to develop, making it challenging to connect the dots between exposure and asbestos-related disease.

In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton hosted an open-air town hall to hear complaints by asbestos defendants regarding the docket of NYCAL being rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. He has been given the task of cleaning up the mess and restoring trust in the NYCAL system.

Discovery Phase

In a lawsuit in a lawsuit, both sides exchange information about their positions in the case. This is known as discovery. Depositions may involve examining documents as well as interviewing witnesses under an oath. Both sides will also exchange information and testimony from experts regarding safety and medical issues.

Defense lawyers have been infamous in asbestos litigation to engage scientists and consultants who are employed to discredit the plaintiffs' claims. It is crucial to have a seasoned lawyer on your side during this phase.

Asbestos cases often involve many defendants. It could be at a variety of locations where a person was exposed. Many different companies or manufacturers can be held responsible. For example mesothelioma lawsuits may claim that a worker had been exposed to asbestos in a factory in one location or an oil refinery in another and in the construction of a power plant in still another place.

Mesothelioma symptoms typically develop between 10 to 40 years after exposure. In accordance with state laws, those diagnosed with mesothelioma may have between one and five year before the time limit expires. Mesothelioma is a rare type of cancer. People who are diagnosed with it are compensated for medical expenses funeral expenses, and other expenses.

A successful mesothelioma lawsuit could also award damages to compensate for suffering, pain and loss of quality of life. Many victims and their families have received multimillion dollar verdicts. However, some defendants have used bankruptcy to avoid liability for asbestos lawsuit-related injuries. Johns-Manville for instance, filed for bankruptcy in 1986. The money was placed into a trust fund to pay future asbestos lawyer-related claims. However the company has continued to manufacture asbestos products.

Settlements

Asbestos patients can claim compensation for medical expenses, lost income and pain and suffering through lawsuit settlements and jury verdicts. A mesothelioma lawyer who is knowledgeable will assist the victim through the legal process, submitting the appropriate paperwork and defending the victim in court proceedings.

The lawsuits claiming asbestos exposure and diseases have been filed since the 1920s, but it was not until the 1970s that evidence was collected to prove the connection between asbestos and certain kinds of cancers. Once the connection was confirmed asbestos-related companies began to go bankrupt and were forced to put aside large trust funds to fund future lawsuits.

These asbestos litigation issues led to the creation of the asbestos lawyers Claims Facility in 1986 It 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 increase and by the turn of the century there was a backlog of tens of thousands of asbestos lawsuits.

The amount of money mesothelioma patients is likely to receive in the event of settlement or a jury award depends on a number of factors, including the degree of the disease and the time between exposure and the onset of symptoms. Victims must also take into account the impact of their condition on the quality of their life and any impairments resulting from the illness.

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

Trial

After 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 can sue the companies responsible for their condition. State laws called statutes of limitations typically allow individuals between one and three years from diagnosis or discovery to file an asbestos lawsuit depending on their place of residence. Even after the statutes of limitation have expired, victims and their families could still be able to recover compensation from companies that sold asbestos-related products or asbestos trust funds which accept liability on behalf of those companies.

In addition to filing lawsuits on their own behalf victims may also join group actions. This lets them submit an action on behalf of other victims who have similar asbestos exposure experiences. However, it is important to keep in mind that joining a class action can restrict your rights as an individual plaintiff and you will not be capable of negotiating a personal award with defendants.

At trial the lawyer will gather evidence to demonstrate how you were exposed to asbestos and the asbestos-containing products that caused your illness. This includes identifying asbestos producers and compiling information about their products, including locations where the asbestos was used. The defendants may attempt to contest this evidence, arguing that you didn't demonstrate your case. A mesothelioma lawyer will be able to refute these arguments and get the compensation you deserve.

Throughout the litigation, large companies that exposed asbestos victims have tried to reduce their obligation to compensate victims through filing claims that are not legitimate. A mesothelioma lawyer can be able to thwart these tactics that are meant to delay your case until you die or become too sick to fight for justice.