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 sites that utilized asbestos-containing products.
A knowledgeable mesothelioma lawyer will assist you in understanding the options for compensation. You could be eligible to receive compensation from the business that constructed or installed asbestos, or from an asbestos trust established to pay for claims.
How to File a Claim
In the majority of states, mesothelioma sufferers and those suffering from other asbestos-related illnesses can file a claim for compensation. Attorneys are available to assist victims and their families in obtaining the compensation they deserve. Victims need to work closely with their attorney, supplying information to build a strong case, including medical and employment records, and also testimony from family members.
When pursuing Fall River asbestos attorneys and their attorneys typically pursue a lawsuit against businesses who exposed them to asbestos. This includes companies who mined asbestos, manufactured products containing asbestos, or employers who did not protect their workers from exposure. Families can also bring a lawsuit for wrongful death if their loved ones died from an asbestos-related illness.
The time limit for the filing of a mesothelioma suit can vary by state, but usually begins as soon as someone is diagnosed with an asbestos-related illness. Contact a mesothelioma lawyer as soon as possible to learn more what options you have to receive compensation.
Attorneys will discuss the case details and determine whether it is worth the effort during a free consultation. They will ask about the patient's work history, military service, and mesothelioma to determine if and when the person was exposed.
The lawyers will then explain to the victim the types of compensation they might be entitled. This could include compensatory damages to pay for the patient's financial needs such as medical expenses and income loss. In certain cases, patients may also receive financial aid in the form of health insurance or disability benefits. In these instances an attorney can help explain how the pursuit of these options might affect the outcome of a mesothelioma lawsuit.
Case Review
Lawsuits against asbestos companies are an opportunity for asbestos victims and their families to seek compensation for the losses they suffered. These lawsuits communicate that companies who place profits over safety have to 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 affected family members.
A lawyer who knows the mesothelioma's ins and outs of litigation can guide clients through every step of the process. A case review is also referred to as an "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 examination, your attorney will be in a position to determine how you were exposed. Many people who have been diagnosed with asbestosis were exposed to this hazardous substance while working or in the military. Your attorney can review your work history and military service records to determine the cause of your exposure.
To win a mesothelioma case, you must prove where and how you were exposed. It is not easy for patients to prove that they were exposed to asbestos in particular if it occurred long before they were diagnosed with the disease. Mesothelioma symptoms may take 20 to 50 years to develop, making it challenging to determine the connection between exposure and asbestos-related disease.
In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held an open-air town hall to hear complaints by asbestos defendants about the docket of NYCAL being rigged in favor asbestos plaintiff law firms like Weitz & Luxenberg. He's charged with cleaning up the mess and rebuilding confidence in the NYCAL system.
Discovery Phase
In a lawsuit, the two sides exchange information on their respective positions. This is called discovery. Depositions may involve examining documents as well as interviewing witnesses under the oath. The lawyers for both sides will also discuss the testimony of experts and reports on medical and safety issues.
Plaintiffs in asbestos litigation have been known to engage consultants and scientists who could be manipulated by the defense attorneys to discredit plaintiffs claims. It is vital to have a seasoned lawyer on your team in this phase.
Asbestos cases usually involve multiple defendants. There could have been a variety of locations where a person was exposed to asbestos and several different manufacturers or companies could be held liable. For example, a mesothelioma lawsuit might allege that a worker was exposed to asbestos in a factory in one location, an oil refinery in another, and during the construction of an energy plant in another place.
Mesothelioma symptoms typically develop between 10 to 40 years after exposure. According to the laws of each state those diagnosed with mesothelioma are given between one and five years to submit an action before the statute of limitations expires. Mesothelioma is a rare cancer. Patients diagnosed with it receive compensation for medical costs, funeral expenses and other expenses.
In addition to that, a mesothelioma lawsuit that is successful can also award compensation for pain and suffering and loss of quality of life. Many families of victims have been awarded multimillion-dollar settlements. Some defendants have utilized bankruptcy to avoid liability for asbestos-related injuries. Johns-Manville, for example has filed for bankruptcy in 1986. The funds were put into a trust fund to pay future asbestos claims. However the company has continued to manufacture asbestos-related products.
Settlements
Through settlements of lawsuits and jury verdicts, asbestos victims can be awarded compensation for 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 them in court proceedings.
The lawsuits claiming asbestos exposure and diseases have been filed since the 1920s, but it wasn't until the 1970s when evidence built up to confirm the connection between asbestos and certain types of cancers. When the link was discovered, asbestos-related companies started going bankrupt. They were also forced to set up large trust funds in order to fund future litigation.
These asbestos litigation issues led to the formation of the Asbestos Claims Facility in 1986 It was created to centralize handling of the claims and aid in managing the growing litigation crisis. However, the number of cases pending increased and by the 2000s, there was a backlog of tens of thousands of asbestos lawsuits.
The dollar 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 time between exposure and first signs of symptoms manifesting. Victims should also consider the impact their illness affects their quality of life and any impairments that might result.
While some asbestos cases ended in substantial verdicts from juries, most victims settle their cases rather than go to court. A settlement in a lawsuit is typically easier to win than a trial. The possibility of an appeal could delay compensation for years. A lawsuit settlement also allows the victim to avoid stress and trauma of having to testify during trial.
Trial
After exposure, asbestosis, mesothelioma and other asbestos-related diseases could develop. It is not uncommon for victims to suffer for a long amount of time before they can file a lawsuit against the companies accountable for their illness. State laws known as statutes of limitations typically give individuals between one and three years from diagnosis or discovery to file an asbestos lawsuit depending on their place of residence. Even after the statutes of limitations have been lapsed, the victims and their families may still be able recover compensation by suing companies that sold asbestos-related products or asbestos trust funds, which assume liability on behalf of these companies.
As well as filing lawsuits on their own behalf victims may also join classes actions. This lets them file an action on behalf of other victims who have similar asbestos exposure history. However, it is important to keep in mind that joining a class action may restrict your rights as a plaintiff. You will also not be capable of negotiating an individual settlement with defendants.
At trial your lawyer will collect evidence to show how you were exposed and the asbestos-containing products that caused your illness. This involves identifying asbestos-containing manufacturers and compiling information on their products, including areas where asbestos was used. Defendants might try to contest this evidence, arguing that you haven't proved your case. However, a knowledgeable mesothelioma attorney can successfully rebut these arguments and get you the compensation you deserve.
Throughout the litigation, large corporations that have exposed asbestos victims have attempted to minimize their responsibility to compensate victims through filing claims that are frivolous. A mesothelioma lawyer who is skilled is adept at thwarting these strategies designed to delay your case so that you will end up dying or becoming too sick to continue fighting for justice.