How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is due to asbestos-containing products were utilized at many locations by victims.
An experienced mesothelioma lawyer can assist you in understanding your options regarding compensation. You could be eligible to receive compensation from the business that constructed or installed asbestos, or from an asbestos trust that was established to pay for claims.
Making a Claim
In many states, those suffering of mesothelioma and other asbestos illnesses can file a legal claim to receive compensation. Attorneys are available to assist victims and their family members in receiving the compensation they are entitled to. Victims must work closely their attorney, providing information to support their case, such as documents from employment and medical records as well as testimonials from family members.
When seeking compensation the victims and their lawyers typically pursue a lawsuit against businesses that exposed them to asbestos. This includes companies that mined asbestos, manufactured asbestos-based products and even employers that did not protect workers from exposure. Families can also sue for wrongful deaths if their loved one died of an asbestos-related disease.
The time frame for filing mesothelioma-related lawsuits may vary from state to state, but usually begins when someone is diagnosed with a disease that is linked to asbestos. People should consult with an expert mesothelioma lawyer as quickly as possible to understand the options for seeking compensation.
Attorneys will discuss the details of the case and decide whether it is worth investigating during a free consultation. They will ask about the patient's work history, military service and mesothelioma diagnosis to pinpoint how and when the patient was exposed.
The lawyers will then explain to the victim the types of compensation they might be entitled. This can include compensatory damage to pay for the patient's financial requirements such as medical bills and lost income. In some instances, patients might be eligible for additional forms of financial assistance such as disability or health insurance. In these instances, an attorney can explain the implications of exploring these options on the outcome of a claim for mesothelioma.
Case Review
The filing of lawsuits against asbestos companies is an opportunity for asbestos victims and their families to seek compensation for the losses they suffered. These lawsuits send the message that companies who place profits before safety should be held accountable for their mistakes. While compensation can't restore health or bring back the life of a loved one, it can help pay for life-extending treatments and provide financial security for affected family members.
A lawyer who is knowledgeable about the mesothelioma's nuances and complexities of litigation can guide clients through every step of the process. One of the most important steps is the case review or case evaluation. This is an opportunity for you and your attorney to talk about your exposure history in person or over the phone.
During the review, your attorney will be in a position to determine the extent to which you were exposed. Many mesothelioma patients were exposed to the dangerous material while at work or serving in the military. Your attorney can look over your work history and military service documents to determine the cause of your exposure.
A successful mesothelioma suit is contingent on establishing the manner and location you were exposed to asbestos. This can be a challenge for some victims, specifically those who were exposed years before the diagnosis of their disease. It could take up to 50 years for mesothelioma symptoms to be diagnosed, which makes it difficult to link asbestos exposure to the disease.
In the wake of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall to hear complaints from asbestos defendants that NYCAL's dockets have been manipulative to favor asbestos plaintiff law firms like 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, the parties exchange information about their respective positions. This is referred to as discovery. Depositions can involve looking over documents as well as examining witnesses under the oath. Both parties will also share information and testimony from experts on safety and medical concerns.
Defense attorneys have been infamous in asbestos litigation to engage scientists and consultants who can be employed to discredit plaintiffs claims. During this phase of the process, it is essential to have an experienced lawyer to represent you.
Asbestos cases often involve many defendants. It may have been in a variety of places that a person was exposed. Several different companies or manufacturers could be held responsible. A mesothelioma case could assert that a worker had been exposed to asbestos in a workplace or an oil refinery and a power plant.
St. Cloud asbestos lawyers of mesothelioma typically show between 10 and 40 years after exposure. According to the laws of the state those diagnosed with mesothelioma may experience between one and five year before the statute of limitation expires. Those diagnosed with the rare cancer known as mesothelioma usually receive compensation to cover medical expenses funeral costs, as well as other expenses.
A successful mesothelioma claim 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. Some defendants have utilized bankruptcy as a way to avoid liability for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986 and deposited money into an trust to pay for future asbestos claims, but continued to manufacture asbestos products.
Settlements
Asbestos victims can receive compensation for medical expenses, lost income and pain and suffering through settlements in lawsuits and jury verdicts. A mesothelioma attorney will guide patients through the legal process by submitting the required paperwork and defending the client in court.
The lawsuits claiming asbestos exposure and diseases have been filed from the 1920s onward, but it was not until the 1970s that evidence collected to prove the connection between asbestos and certain kinds of cancers. Once the connection was confirmed asbestos-related companies began to go insolvent and were forced to set aside large trust funds to pay for future lawsuits.
These asbestos litigation issues led to the establishment of the Asbestos Claims Facility in 1986, which was designed to centralize handling of the claims and assist in managing the growing litigation crisis. The number of asbestos-related cases grew and in the 2000s, there was a backlog of thousands of asbestos lawsuits.
The dollar amount that mesothelioma sufferers could expect to receive as a result of a jury award or settlement depends on a number of factors that include the degree of the disease and the time between the exposure and the beginning of symptoms. Victims must also consider the impact their illness has on their quality of life and any impairments that could result from it.
Although asbestos cases have resulted in large jury verdicts most victims opt for a settlement rather than going to trial. A settlement in a lawsuit is typically more likely to be won than a trial. The possibility of an appeal could delay compensation for many years. A settlement with a lawsuit can help the victim stay clear of the stress and trauma of testifying in court.
Trial
Mesothelioma, asbestosis and other types of asbestos-related diseases can occur years after exposure. This means victims often have a long time to file lawsuits against companies that caused their illness. State laws known as statutes of limitations typically allow individuals between one and three years from diagnosis or discovery to file an asbestos lawsuit, depending on their location. Even after these statutes of limitations have expired 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 their own behalf the victims can also participate in group actions. This allows them to file complaints on behalf of others who have similar asbestos exposure histories. It is important to keep in mind that joining a class action could limit your rights and you won't be able to 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 includes identifying asbestos producers and compiling information on their products, as well as the locations where the asbestos was used. Defendants might try to contest this evidence and claim that you have not proven your case. However, a skilled mesothelioma lawyer can successfully counter these arguments and secure the amount you deserve.
In the course of litigation, big companies that exposed asbestos victims have attempted to minimize their responsibility to compensate victims through filing frivolous claims. A mesothelioma lawyer who is skilled is adept at securing the victory against these strategies that are designed to delay your case, so that you die or become too sick to fight for justice.