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.
An experienced mesothelioma lawyer can help you understand your compensation options. You may be eligible for compensation from the business that manufactured or installed asbestos or from an asbestos trust established to settle claims.
How to File a Claim
In the majority of states, mesothelioma patients as well as those with other asbestos-related illnesses can submit an action for compensation. The process is complicated, but attorneys are available to help families of victims get the money they deserve. The attorneys and the victims must work together to construct a strong claim. This includes providing medical and employment records as well as testimony from family members.
In the event of pursuing compensation victims and their attorneys typically pursue a lawsuit against businesses that exposed them to asbestos. This includes companies that mined asbestos, manufactured products that contain asbestos, and even employers who failed to protect their workers from exposure to asbestos. Families may also file a lawsuit for wrongful deaths if their loved one died of an asbestos-related illness.
The statute of limitations for the filing of a mesothelioma suit can differ by state, but usually begins as soon as someone is diagnosed with an asbestos-related illness. It is recommended that people consult an experienced mesothelioma lawyer as soon as possible to learn about the options for pursuing compensation.
During a free mesothelioma consultation attorneys will discuss the details of the case to determine whether it is worth pursuing. They will inquire with the patient about their job history, military service, and mesothelioma diagnosis to determine the time and manner in which they were exposed.
Lawyers will explain the various types of compensation a victim may be entitled to. This could include compensatory damages to cover the financial requirements of a patient, such as medical bills or lost income, as well as ongoing treatment costs. In certain cases, patients may be eligible to receive additional forms of financial aid like disability insurance or health insurance. In these instances, an attorney can help explain the consequences of pursuing these options on the outcome of a lawsuit for mesothelioma.
Case Review
Victims and their families can seek compensation for their losses from asbestos companies via lawsuits. These lawsuits communicate that companies who put profits over safety must pay for their negligence. Although compensation isn't able to bring back health or restore the life of a loved one, it can help pay for life-extending treatments and provide financial security for families affected by the illness.
A lawyer who knows the ins and outs of mesothelioma lawsuits can help clients through every step of the process. One of the most important steps is the case review, also known as a case evaluation. This is an opportunity for you and your mesothelioma lawyer to meet in person or on the phone to go over your exposure history.
During the review, your attorney will be able to determine how you were exposed. Many people diagnosed with mesothelioma were exposed to the dangerous substance 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.
A successful mesothelioma lawsuit hinges on proving how and when you were exposed to asbestos. This can be difficult for some victims, specifically those who were exposed prior to the diagnosis of their illness. Mesothelioma symptoms may take 20 to 50 years to manifest, making it challenging to connect the dots between exposure and asbestos-related disease.
In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to listen to complaints from asbestos defendants who claim that NYCAL's docket has been modified to favor asbestos plaintiff law firms such as Weitz & Luxenberg. The judge has been given the task of cleaning up the mess and restoring confidence in the NYCAL system.
Discovery Phase
In a lawsuit, both sides discuss their positions in the case. This is referred to as discovery. Depositions can include examining documents as well as interviewing witnesses under the oath. The lawyers for both sides will also discuss reports and testimony of experts on medical and safety issues.
Defense attorneys have been infamous in asbestos litigation to engage scientists and consultants who can be employed to discredit the plaintiffs claims. It is crucial to have a seasoned lawyer on your team in this phase.
Asbestos lawsuits typically involve a variety of defendants. There may have been many locations where a person was exposed to asbestos and several different manufacturers or companies could be held accountable. A mesothelioma suit might claim that a worker was exposed to asbestos in a workplace or oil refinery and a power plant.
Mesothelioma symptoms usually manifest between 10 to 40 years after exposure. According to the laws of the state that treat mesothelioma patients, they may have between one and five year before the statute of limitations expires. Those diagnosed with the rare cancer called mesothelioma typically receive compensation to pay for medical bills, funeral costs and other expenses.
A successful mesothelioma claim can also award damages to compensate for suffering, pain and loss in quality of life. Many victims and their family members have received multimillion dollar verdicts. However certain defendants have used bankruptcy to avoid responsibility for asbestos-related injuries. Johns-Manville, for example, filed for bankruptcy in 1986. The money was placed into a trust fund to pay future asbestos-related claims. However, the company has continued to manufacture asbestos-related products.
Settlements
Through settlements of lawsuits and verdicts by juries, asbestos patients can receive compensation for their medical expenses, lost income and pain and suffering. A knowledgeable mesothelioma lawyer will guide the victim through the legal process, including the appropriate paperwork and defending the victim in court proceedings.
Lawsuits alleging asbestos exposure and illness have been filed from the 1920s onward, but it was not until the 1970s when evidence collected to prove the connection between asbestos and certain types of cancers. After the connection was established asbestos-related companies began to go into bankruptcy and were required to reserve large trust funds to fund future lawsuits.
In 1986, these asbestos-related litigation issues prompted the Asbestos Claims Facility to be established. It was established to centralize the handling of claims and assist in managing the increasing litigation crises. 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 a mesothelioma patient can expect to receive in the event of a jury award or settlement will depend on a variety of factors such as the severity of the disease as well as the time period between exposure and the beginning of symptoms. Victims must also consider the impact that their illness has on their quality of life as well as any impairments that could result from it.
Although some asbestos cases have resulted in huge verdicts from juries, the majority of victims settle their cases instead of taking the case to the court. It is usually simpler for the plaintiff to win a lawsuit settlement than to prevail at trial, and the potential of appeals could encumbrate the amount of compensation for a long time. A settlement in a lawsuit also allows the victim to avoid the stress and trauma of having to testify during trial.
Trial
Years after exposure, asbestosis, mesothelioma and other asbestos-related illnesses may develop. The result is that patients often have an extended time frame to file lawsuits against companies responsible for their ailments. State laws, also known as statutes of limitations typically allow victims between one and three years from diagnosis or discovery to bring a asbestos lawsuit depending on where they live. Even after these statutes of limitations expire victims and their loved ones may be able to recover compensation through a lawsuit against the companies 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, victims can also join group actions. This lets them submit a complaint on behalf of others who have similar asbestos exposure experiences. It is important to keep in mind that joining a group action can limit your rights, and you will not be able to negotiate an individual award.
Your lawyer will gather evidence at trial to demonstrate the extent to which you were exposed and what specific products containing asbestos caused your illness. This includes identifying asbestos producers and assembling details about their products, and the locations where asbestos was used. Canton asbestos attorney may attempt to contest this evidence and claim that you did not demonstrate your case. A mesothelioma lawyer can defend these arguments and obtain the compensation you deserve.
Throughout the litigation process large corporations that exposed victims asbestos have attempted to reduce their responsibility to compensate victims by filing flimsy motions. A mesothelioma lawyer is in a position to stop these tactics which are intended to delay your case until you die or are too sick to fight for justice.