How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is due to asbestos-containing products were used in numerous sites by victims.
A mesothelioma lawyer can assist you understand the compensation options that are available to you. You may be eligible for compensation from the company that constructed or installed asbestos, or from an asbestos trust set up to pay claims.
Making a Claim
In the majority of states, patients of mesothelioma and other asbestos-related illnesses are able to file a claim for compensation. The process is complex however, attorneys are readily available to help victims and their families get the money they deserve. The attorneys and the victims need to work closely together to build a strong claim. This includes providing medical and employment records as well as evidence from family members.
When seeking compensation, victims and their lawyers will typically pursue a lawsuit against businesses that exposed them. This includes companies that mined asbestos or manufactured asbestos-based products, and employers who did not protect workers from exposure to asbestos. Family members can also bring a wrongful death lawsuit if a loved one died from an asbestos-related illness.
The statute of limitation for filing a lawsuit against mesothelioma can differ from state to state however, it usually begins when someone is diagnosed with a condition that is related to asbestos. People should consult with an expert mesothelioma lawyer as quickly as possible to learn about the options for pursuing compensation.
Attorneys will discuss the details of the case and decide if it is worth pursuing in a no-cost consultation. They will inquire about the patient's job history, military service, and mesothelioma to determine if and when the patient was exposed.
Lawyers will explain the different types of compensation a victim may be entitled to. This could include compensatory damages to cover the patient's financial needs such as medical bills and income loss. In some cases, victims are able to receive additional financial assistance in the form of disability or health insurance. In these instances, an attorney will explain the consequences of pursuing these options on the outcome of a case for mesothelioma.
Case Review
Victims and their families are able to seek financial compensation from asbestos companies through lawsuits. These lawsuits send a message that businesses who prioritize profit over safety must pay for their mistakes. Although compensation isn't able to bring back health or restore a loved one, it can help pay for life-extending treatments and provide financial security to the family members affected.
A lawyer who understands the mesothelioma's nuances and complexities of litigation can guide clients through each step of the process. A case review is also referred to as an "case evaluation". This is a chance for you and your mesothelioma attorney to meet in person or over the phone and discuss your exposure history.
During the examination your attorney will be able to assess how you were exposed to asbestos. Many mesothelioma patients were exposed to asbestos-containing material while at work or serving in the military. Your attorney can examine your work history and military service documents to determine the cause of your exposure.
In order to succeed in a mesothelioma claim, you must be able to prove where and how you were exposed. This is a difficult task for some victims, specifically those who were exposed years before the diagnosis of their disease. Mesothelioma symptoms can take 20 to 50 years to develop which makes it difficult to make connections between exposure and the asbestos-related disease.
In the wake 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 rigged to favor asbestos plaintiff law firms such as Weitz & Luxenberg. The judge has been given the responsibility of cleaning up the mess and restoring confidence in the NYCAL system.
Discovery Phase
In a lawsuit, the parties exchange information about their respective positions. This is known as discovery. Depositions can include examining documents and also interviewing witnesses under an oath. Both parties will also share reports and testimony from experts on medical and safety concerns.
The defendants in asbestos litigation have been known to engage consultants and scientists who can be manipulated by defense lawyers to undermine plaintiffs claims. In this stage of the process, it is important to have an experienced lawyer on your side.
Asbestos lawsuits typically involve a variety of defendants. It could have occurred at a variety of locations that an individual was exposed. Many different companies or manufacturers could be held responsible. For example, a mesothelioma lawsuit might allege that a worker was exposed to asbestos at a factory in one state or an oil refinery in another and in the construction of an energy plant in another area.
Mesothelioma symptoms usually manifest between 10 and 40 years after exposure. According to the laws of each state those diagnosed with mesothelioma have between one and five years to file an application before the statute of limitations expires. Mesothelioma is a rare cancer. Those who are diagnosed with it are compensated for medical expenses funeral expenses, and other expenses.
In addition, a successful mesothelioma lawsuit may also award compensation for pain and suffering, as well as loss of quality of life. Many victims and their families have received multimillion dollar verdicts. Some defendants have used bankruptcy as a way to avoid liability for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986, and then put the money into a trust fund to pay future asbestos claims, but has continued to produce asbestos products.
Settlements
Through settlements of lawsuits and jury verdicts, asbestos victims are entitled to compensation for medical expenses, lost income, and suffering. A mesothelioma lawyer will guide patients through the legal process, filing the required paperwork and defending them at court proceedings.
Since the 1920s asbestos-related lawsuits have been filed. However El Paso asbestos attorney wasn't until the 1970s that evidence was discovered that confirmed the link between asbestos exposure and certain types cancer. Once the connection was established, asbestos companies began going insolvent and were forced to reserve large trust funds to cover future lawsuits.
In 1986, these asbestos-related litigation issues prompted the Asbestos Claims Facility to be formed. It was established to streamline the handling of claims and help manage the growing litigation issues. The number of asbestos-related cases grew and by the 2000s there was a backlog of thousands of asbestos lawsuits.
The amount a mesothelioma sufferer can expect to receive from a settlement in a lawsuit or jury award depends on various factors, including the severity of the disease and the length of time between exposure and the first symptoms manifesting. Victims should also consider the impact that their illness affects their quality of life and any impairments that might result.
While asbestos cases can result in huge jury verdicts, most victims opt for a settlement rather than taking the case to trial. A settlement agreement is generally easier to win than a trial. The possibility of an appeal can delay compensation for many years. A settlement with a lawsuit can help the victim get away from the stress and anxiety of testifying at trial.
Trial
After exposure, asbestosis, mesothelioma and other asbestos-related illnesses may develop. It is not uncommon for victims to suffer for a long amount of time before they are able to file a lawsuit against the companies accountable for their illness. 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 the statutes of limitation have expired, victims and their families may still be able recover compensation by suing companies who sold asbestos-related products or asbestos trust funds that take on the responsibility of those companies.
In addition to lawsuits filed by individuals and their families, victims are able to join class actions, which permit them to file a claim on behalf of groups of victims who have similar asbestos exposure history. It is crucial to keep in mind that joining a class action can limit your rights as a plaintiff and you will not be able to negotiate an individual award with defendants.
Your lawyer will collect evidence at trial to demonstrate how you were exposed, and which specific products containing asbestos caused your condition. This involves the identification of asbestos producers as well as assembling information on 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. However, a knowledgeable mesothelioma lawyer can successfully counter these arguments and get you the compensation you deserve.
Through the process of litigation, large corporations that exposed victims asbestos have tried to minimize their obligation to compensate victims by filing frivolous motions. A knowledgeable mesothelioma lawyer is adept at securing the victory against these tactics designed to delay your case, so that you will end up dying or becoming too sick to fight for justice.