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 variety of sites that utilized asbestos-containing products.
A mesothelioma attorney can help you understand the compensation options available to you. You may be able to get compensation from the company that manufactured or installed asbestos or from an asbestos trust fund that was established to pay claims.
How to File a Claim
In most states, victims of mesothelioma as well as other asbestos-related diseases are able to file a claim for compensation. The process can be complicated however, attorneys are readily available to help families of victims get the money they need. Victims and their attorneys need to work closely together to build a strong claim. This includes providing medical and employment records and testimony from family members.
When pursuing compensation victims and their attorneys usually bring a lawsuit against the companies that exposed them to asbestos. This includes companies who mined asbestos, manufactured products containing asbestos and even employers who did not protect their workers from exposure to asbestos. Family members can also make a claim for wrongful death if a loved one died from an asbestos-related illness.
The time limit for filing a mesothelioma lawsuit can differ by state, but generally begins when someone is diagnosed with an asbestos-related disease. Consult a mesothelioma attorney immediately to know more about your options to receive compensation.
At a no-cost mesothelioma consult attorneys will go over the specifics of the case and determine whether it is worth pursuing. They will inquire with the patient about their work history, military service and mesothelioma diagnosis to determine the time and manner in which they were exposed.
Lawyers will then explain the various forms of compensation a victim may be entitled to. This can include compensatory damages to cover a patient's financial needs such as medical expenses, lost income and ongoing treatment costs. In some instances, patients can receive additional financial assistance through health insurance or disability benefits. In these cases an attorney can explain the implications of exploring these options on the outcome of a claim for mesothelioma.
Case Review
Lawsuits against asbestos companies are a way for the victims and their families to seek compensation for the losses they suffered. These lawsuits convey that those who place profits over safety have to pay for their negligence. Compensation will not bring back health or a loved one but it can pay for treatment that prolongs the life of a person and provide financial security for families affected.
A lawyer who is knowledgeable about the ins and outs of mesothelioma litigation can guide clients through each step of the process. One of the most crucial steps is the case review which is also referred to as a case evaluation. This is a chance for you and your attorney to talk about your history of exposure in person or via the phone.
During the review your attorney will be in a position to determine how you were exposed. Many mesothelioma patients were exposed to the hazardous material at work or while serving in the military. Your attorney can review your employment history and military service documents to determine the cause of your exposure.
In order to be successful in a mesothelioma lawsuit you must be able to establish the location and method by which you were exposed. This can be difficult for some victims, specifically those who were exposed to asbestos prior to the diagnosis of their illness. It can take up to 50 years for mesothelioma symptoms to manifest, making it difficult to establish a link between asbestos exposure to the disease.
In the wake of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall to listen to the complaints of asbestos defendants that NYCAL's dockets have been manipulative to favor asbestos plaintiff law firms like Weitz & Luxenberg. He has been charged with clearing up the mess and rebuilding confidence in the NYCAL system.
Discovery Phase
In a lawsuit, both sides exchange information on their respective positions. This is referred to as discovery. This can involve examining documents and interviewing witnesses under oath, known as depositions. The lawyers for both sides will also discuss reports and testimony of experts on medical and safety issues.
Defendants in asbestos litigation have been known to hire consultants and scientists who could be used by defense lawyers to undermine plaintiffs claims. In this phase of the process, it's essential to have an experienced lawyer to represent you.
Asbestos cases typically involve a number of defendants. It could be in a variety of places where a person was exposed. Several different companies or manufacturers could be held responsible. For instance mesothelioma lawsuits could claim that a worker had been exposed to asbestos in a factory in one state and an oil refinery in another and in the construction of an electric power plant in another place.
Mesothelioma symptoms usually manifest between 10 and 40 years after exposure. Depending on state laws, individuals diagnosed with mesothelioma are given between one and five years to file a claim before the statute of limitations expires. People diagnosed with the rare cancer known as mesothelioma typically receive compensation to pay for medical bills funeral costs, and other expenses.
A successful mesothelioma lawsuit can also award damages to compensate for suffering, pain and loss of quality of life. Many victims and their families have been awarded multimillion-dollar settlements. Some defendants have used bankruptcy as a way to avoid the liability for asbestos-related injuries. Johns-Manville, for example, filed for bankruptcy in 1986. The funds were put into a trust fund to cover future asbestos claims. However, the company has continued to manufacture asbestos-related products.
Fishers asbestos lawyer can claim compensation for medical expenses, lost income and suffering as a result of settlements for lawsuits and jury verdict awards. A knowledgeable mesothelioma lawyer will guide the victim through the legal process, submitting the correct paperwork and defending them in court.
Since the 1920s asbestos-related lawsuits were filed. However it wasn't until 1970s that evidence was discovered that proved the link between asbestos exposure and certain types of cancer. Once the connection was confirmed asbestos companies began going into bankruptcy and were required to reserve large trust funds to pay for future lawsuits.
In 1986, asbestos-related litigation issues prompted the Asbestos Claims Facility to be formed. It was created to streamline the handling of claims and help in managing the ever-growing litigation crisis. However, the number of cases that were pending continued to increase and by the time of the 2000s, there was a backlog of thousands of asbestos lawsuits.
The amount mesothelioma sufferer is likely to receive from a settlement in a lawsuit or jury award depends on several factors, including the severity of the illness and the length of time between exposure and the first symptoms appearing. Victims should also consider the impact their condition affects their quality of life as well as any impairments that may result.
While some asbestos cases have resulted in large jury verdicts, the majority of asbestos victims choose to settle for an agreement instead of taking the case to trial. It is typically simpler for the plaintiff to win a lawsuit settlement than to prevail at trial, and the potential of appeals could encumbrate compensation for a number of years. A lawsuit settlement also allows the victim to avoid stress and trauma that comes with testifying at trial.
Trial
After exposure, mesothelioma, asbestosis and other asbestos-related diseases may develop. This means victims often have long periods of time to file lawsuits against companies that caused their illness. State laws, called statutes-of-limitations provide people with between one and three years to file an asbestos lawsuit according to where they reside. Even after the statutes of limitation have expired, victims and their families might still be able to obtain compensation from companies that sold asbestos-related products or asbestos trust funds that accept liability on behalf of these companies.
In addition to lawsuits filed by individual victims, victims can join in class actions, which permit them to bring a lawsuit on behalf of a group of victims with similar asbestos exposure histories. It is crucial to remember that joining a class action can restrict your rights as an individual plaintiff. Additionally, you won't be able to negotiate an individual settlement with defendants.
Your lawyer will gather evidence at trial to prove the extent to which you were exposed and what specific products containing asbestos caused your condition. This includes identifying asbestos manufacturers and assembling information about their products, including places where asbestos was used. Defendants might try to contest this evidence by claiming that you have not proven your case. A mesothelioma lawyer can argue against these arguments and secure the compensation you deserve.
In the course of litigation, big corporations that have exposed asbestos victims have tried to minimize their responsibility to compensate victims by filing claims that are frivolous. A mesothelioma attorney is in a position to stop these tactics which are intended to delay your case until you die or become too sick to fight for justice.