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 various locations by victims.
A mesothelioma attorney can help you understand the compensation options that are available to you. You may be able to get compensation from the company that manufactured or installed asbestos or from an asbestos trust fund set up to pay claims.
Making a Claim
In many states, mesothelioma patients and those suffering from other asbestos-related diseases can make an action for compensation. Attorneys are on hand to assist victims and their families in getting the compensation they deserve. Lawrence asbestos lawsuits and their attorneys need to work closely together to build a strong claim. This includes providing evidence of employment and medical history and testimony from family members.
When pursuing compensation victims and their attorneys typically pursue a lawsuit against businesses that exposed them to asbestos. This includes companies that extracted asbestos, made products containing asbestos, or employers who did not protect their employees from exposure. Families can also sue for wrongful death if their loved one died of an asbestos-related illness.
The time limit for filing a mesothelioma lawsuit can vary by state, but generally begins as soon as someone is diagnosed with an asbestos-related disease. Consult a mesothelioma attorney as soon as possible to find out about your options for compensation.
Attorneys will go over the case details and determine if it is worth pursuing in a no-cost consultation. They will inquire with the patient about their employment history, military service, and mesothelioma diagnoses to pinpoint the time and manner in which they were exposed.
The lawyers will explain to the victim the types of compensation they could be entitled. This can include compensatory damage to pay for the patient's financial needs such as medical bills and lost income. In certain cases, patients can receive additional financial assistance in the form of health insurance or disability benefits. In these cases an attorney can explain the impact of pursuing these options on the outcome of a case for mesothelioma.
Case Review
The filing of lawsuits against asbestos companies is a way for victims and their families to seek financial compensation for the losses they suffered. These lawsuits send the message that businesses that put profit before safety must pay for their mistakes. While compensation cannot bring back health or restore the life of a loved one, it can help pay for life-extending treatments and provide financial security for the family members affected.
A lawyer who knows the ins-and-outs of mesothelioma lawsuits can guide clients through each step of the process. One of the most crucial steps is a case review or case evaluation. This is an opportunity for you and your mesothelioma attorney to meet in person or over the phone and discuss your exposure information.
During the examination the attorney will be able assess the extent to which you were exposed asbestos. Many people diagnosed with mesothelioma were exposed to the hazardous material at work or while serving in the military. Your attorney can look over your documents of your employment and military records to determine how you were exposed.
A successful mesothelioma lawsuit hinges on establishing the manner and location you were exposed to asbestos. This can be a challenge for some victims, especially those whose exposure occurred several years prior to the diagnosis of their illness. It can take as long as 50 years for mesothelioma symptoms to be diagnosed, which makes it difficult to connect asbestos exposure to the disease.
In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to listen to complaints from asbestos defendants regarding the docket of NYCAL being rigged in favor asbestos plaintiff law firms such as Weitz & Luxenberg. The judge is charged with cleaning up the mess and restoring confidence in the NYCAL system.
Discovery Phase
In a lawsuit, both sides exchange information about their positions in the case. This is called discovery. Depositions may involve examining documents as well as interviewing witnesses under oath. Both sides will also exchange reports and testimony from experts on safety and medical concerns.
Defendants in asbestos litigation have been known to engage consultants and scientists who could be used by defense attorneys to discredit plaintiffs' claims. It is crucial to have a seasoned lawyer on your side during this phase.
Asbestos cases often involve many defendants. There may have been many locations where an individual was exposed to asbestos, and various companies or manufacturers could be held liable. For example mesothelioma lawsuits could allege that a worker was exposed to asbestos at a factory in one state and an oil refinery in another and during the construction of an electric power plant in another place.
The signs of mesothelioma are usually apparent between 10 and 40 years after exposure. Based on the laws of each state patients diagnosed with mesothelioma have between one and five years to make a claim before the statute of limitations expires. Those diagnosed with the rare cancer that is mesothelioma are usually compensated to pay for medical bills funeral costs, and other expenses.
Additionally an effective mesothelioma suit can also award compensation for pain and suffering as well as loss of quality of life. Many families of victims have been awarded multimillion-dollar settlements. However, some defendants have used bankruptcy to avoid liability for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986, and then put the 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 suffering through settlements for lawsuits and jury verdicts. A mesothelioma lawyer will assist victims through the legal process, filing the necessary paperwork and representing the client in court.
The lawsuits claiming asbestos exposure and diseases have been filed since the 1920s, but it was not until the 1970s that evidence collected to prove the connection between asbestos and certain types of cancers. Once the link was discovered, asbestos-related companies began to go under. They were also forced to establish trust funds to fund future litigation.
These asbestos litigation issues led to the creation of the Asbestos Claims Facility in 1986 It was created to centralize the handling of claims and help manage the ever-growing litigation crisis. The number of asbestos-related cases grew and by the 2000s there was a backlog involving thousands of asbestos lawsuits.
The amount a mesothelioma patient is likely to receive as a result of an award from a jury or settlement depends on a number of factors that include the severity of the disease as well as the time between exposure and the onset of symptoms. Victims should also consider the impact their condition affects their lives and any impairments that might result.
Although asbestos cases have resulted in large jury verdicts, most victims opt for a settlement rather than proceeding to trial. A settlement agreement is generally easier to win than a trial. The possibility of an appeal could delay compensation for a long time. Also, a lawsuit settlement allows the victim to avoid the stress and trauma of testifying at trial.
Trial
Mesothelioma and asbestosis as well as other types of asbestos-related illnesses can manifest years after exposure. The result is that patients often have an extended time frame to file lawsuits against the companies responsible for their ailments. Statutes of limitations, as they are known in the state, give people between one and three years to file an asbestos suit subject to the location they reside. Even after these statutes of limitation have expired, victims and their families may be able to recover 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 lawsuits brought by victims on their own, victims can join class actions, which permit them to make a claim on behalf of groups of victims who have similar asbestos exposure histories. It is crucial to remember that joining a class action may restrict your rights as an individual plaintiff. Additionally, you won't be capable of negotiating an individual settlement with defendants.
Your lawyer will gather evidence during trial to prove how you were exposed, and which products that contain asbestos caused your condition. This involves identifying asbestos producers and compiling information about their products, including the places where asbestos was used. The defendants may try to challenge this evidence and claim that you have not proven your case. A mesothelioma lawyer will be able to argue against these arguments and secure the compensation you deserve.
Throughout the litigation, major corporations who exposed asbestos victims have attempted to minimize their responsibility to compensate victims by filing claims that are not legitimate. A knowledgeable mesothelioma lawyer is adept at thwarting these strategies designed to delay your case, so that you end up dying or becoming too sick to fight for justice.