How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is due to the fact that many victims worked at a number of places that used asbestos-containing products.
A knowledgeable mesothelioma lawyer will help you understand your options regarding compensation. You may be able receive compensation from the business which manufactured or installed asbestos or from an asbestos trust fund set up to pay for claims.
How to File a Claim
In many states, mesothelioma victims and those suffering from other asbestos-related illnesses are able to file claims for compensation. The process is complex however, lawyers are there to assist victims and their families get the compensation they deserve. Attorneys and victims must work together to create a solid claim. This includes providing employment and medical records as well as evidence from family members.
In the event of pursuing compensation, victims and their lawyers usually pursue a lawsuit against businesses who exposed them to asbestos. This includes companies who produced products containing asbestos, or employers who failed to protect their workers from exposure. Families can also bring a lawsuit for wrongful death if their loved ones passed away due to an asbestos-related disease.
The statute of limitation for filing mesothelioma lawsuits can vary from state-to-state however, it usually begins when a person is diagnosed with a disease related to asbestos. Get in touch with a mesothelioma attorney as soon as possible to learn more what options you have to receive compensation.
Attorneys will discuss the details of the case and decide whether it is worth investigating in a no-cost consultation. They will ask the patient about their employment history, military service, and mesothelioma-related diagnoses to determine when and how they were exposed.
North Charleston asbestos lawsuit will then go over the various forms of compensation a victim might be entitled to. This can include compensatory damage to meet financial requirements such as medical bills and lost income. In some instances, patients might be eligible for additional forms of financial assistance like health insurance or disability benefits. In these cases an attorney can help explain the consequences of pursuing 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 their losses. These lawsuits send a message that businesses who prioritize profit over safety must pay for their mistakes. Although compensation isn't able to restore health or bring back loved ones, it can help pay for life-extending treatment and provide financial security for affected family members.
A lawyer who understands the mesothelioma's nuances and complexities of litigation can 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 attorney to discuss your history of exposure in person or on the phone.
During the examination the attorney will be able assess how you were exposed to asbestos. Many patients diagnosed with mesothelioma were exposed to asbestos-containing material while at work or serving in the military. Your attorney can look over your employment history and military records to determine the place you were exposed.
To win a mesothelioma case you must prove where and how you were exposed. This is a difficult task for some victims, particularly those whose exposure occurred years before the diagnosis of their illness. Mesothelioma symptoms can take 20 to 50 years to manifest which makes it difficult to connect the dots between exposure and the asbestos-related disease.
In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held an open-air town hall to listen to complaints from asbestos defendants regarding the docket of NYCAL being rigged in favor asbestos plaintiff law firms like Weitz & Luxenberg. He has been charged with cleaning up the mess and restoring trust in the NYCAL system.
Discovery Phase
In a lawsuit the parties exchange information about their positions in the case. This is known as discovery. Depositions can include examining documents as well as examining witnesses under the oath. Both parties will also share reports and expert testimony on medical and safety concerns.
The defendants in asbestos litigation have been known to hire consultants and scientists who could be used by defense attorneys to discredit plaintiffs' claims. It is crucial to have a seasoned lawyer on your team in this phase.
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 responsible. For example mesothelioma lawsuits may claim that a worker was exposed to asbestos in an industrial facility in one state and an oil refinery in a different and in the construction of an energy plant in another location.
Symptoms of mesothelioma usually appear between 10 and forty years after exposure. According to state laws that treat mesothelioma patients, they may have between one and five years before the time limit expires. Mesothelioma can be a rare cancer. People who are diagnosed with it are compensated for medical costs funeral expenses, and other expenses.
In addition an effective mesothelioma suit may also award compensation for pain and suffering and loss of quality of life. A lot of victims and their families have received multimillion-dollar verdicts. However, some defendants have used bankruptcy to avoid responsibility for asbestos-related injuries. Johns-Manville, for example, filed for bankruptcy in 1986. The funds were put into a trust fund to pay for future asbestos-related claims. However, the company has continued to manufacture asbestos-related products.
Settlements
Through settlements of lawsuits and verdicts of a jury, asbestos victims can receive compensation for their medical expenses, lost income and pain and suffering. A mesothelioma lawyer will guide patients through the legal process by filing the required paperwork and defending them at court proceedings.
Lawsuits alleging asbestos exposure and diseases have been filed since the 1920s, but it was not until the 1970s when evidence built up to confirm the connection between asbestos and certain types of cancers. After the connection was established asbestos-related companies began to go bankrupt and were forced to reserve large trust funds to cover future lawsuits.
These asbestos litigation issues led to the creation of the Asbestos Claims Facility in 1986 that was created to centralize handling of the claims and help manage the ever-growing litigation crisis. The number of asbestos-related cases increased, and by the 2000s there was a backlog of thousands of asbestos lawsuits.
The amount of money mesothelioma sufferers can expect to receive in the event of a jury award or settlement will depend on a variety of factors that include the severity of the disease and the time between exposure and the onset of symptoms. Victims must also consider the impact of their condition on their quality of life and any impairments resulting from the illness.
Although some asbestos cases resulted in huge verdicts from juries, most victims settle their cases rather than go to the court. It is typically easier for a plaintiff to secure a settlement in a lawsuit than to win at trial, and the possibility of appeals can stall compensation for years. A settlement with a lawsuit lets the victim get away from the stress and anxiety of appearing in court.
Trial
Mesothelioma, asbestosis and other asbestos-related diseases can develop years after exposure. It is not uncommon for victims to have a long period of time before they are able to sue the companies that are responsible for their affliction. Statutes of limitations, as they are known in the state provide people with between one and three years to file a lawsuit against asbestos depending on where they live. Even after the statutes of limitation have been lapsed, the victims and their families may still be able to obtain compensation from companies that sold asbestos-related products to them or asbestos trust funds, which assume liability on behalf of those companies.
As well as filing lawsuits on behalf of themselves the victims can also participate in classes actions. This lets them submit complaints on behalf of others who have similar asbestos exposure histories. However, it is important to keep in mind that joining a class action may restrict your rights as an individual plaintiff and you will not be able to negotiate an individual settlement with defendants.
In the course of trial your lawyer will collect evidence to demonstrate how you were exposed and the specific asbestos-containing products that caused your disease. This includes the identification of asbestos producers as well as assembling details about their products, including the locations in which asbestos was employed. The defendants could try to counter this evidence, arguing that you haven't proved your case. However, a knowledgeable mesothelioma attorney can successfully rebut these arguments and help you get the compensation you are entitled to.
Throughout the litigation process large companies that exposed victims to asbestos have attempted to reduce their liability to compensate victims by filing flimsy motions. A knowledgeable mesothelioma lawyer is adept at thwarting these tactics that are designed to delay your case, so that you will end up dying or becoming too sick to continue fighting for justice.