How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. The reason for this is that asbestos-containing products were used in many sites by victims. A mesothelioma lawyer can help you understand the compensation options that are available to you. You may be able to receive 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 the majority of states, mesothelioma victims and those with other asbestos-related diseases can submit an action for compensation. Attorneys are on hand to assist victims and their families in obtaining the compensation they deserve. The attorneys and the victims need to work closely together to build a strong claim. This includes providing employment and medical records as well as evidence from family members. To receive compensation the victims and lawyers typically bring a lawsuit against the companies that exposed them asbestos. This includes companies that mined raw asbestos, manufactured asbestos-based products and even employers that did not protect workers from exposure to asbestos. Families can also file a lawsuit for wrongful death if their loved one died of an asbestos-related disease. The time limit for filing a lawsuit against mesothelioma can vary from state to state however, it usually begins when a person is diagnosed with a condition that is related to asbestos. Contact a mesothelioma lawyer as soon as possible to learn more about your options to receive compensation. During a free mesothelioma consultation attorneys will go over the specifics of the case and determine whether it is worth pursuing. They will ask about the patient's job history, military service, and mesothelioma diagnoses to determine how and when the person was exposed. The lawyers will explain to the victim the types of compensation they might be entitled to. This can include compensatory damage to cover the patient's financial requirements such as medical expenses and lost income. In certain cases, patients may be able to obtain additional forms of financial assistance such as disability insurance or health insurance. In these instances, an attorney can help explain the implications of exploring these options on the outcome of a lawsuit for mesothelioma. first asbestos lawsuit of victims can seek financial compensation from asbestos-related companies through lawsuits. These lawsuits send the message that businesses that put profit over safety have to pay for their mistakes. Although compensation isn't able to restore health or bring back 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 litigation can help clients navigate each step of the procedure. One of the most important steps is an examination of your case, also known as a case evaluation. This is a chance for you and your mesothelioma lawyer to meet in person or over the phone and discuss your exposure history. During the examination, your attorney will be in a position to determine how you were exposed. Many mesothelioma patients were exposed to the hazardous material while at work or serving in the military. Your attorney can examine the documents of your employment and military records to determine the place you were exposed. In order to succeed in a mesothelioma claim you must prove where and how you were exposed. It can be difficult for victims to prove their asbestos exposure, especially if it occurred many years before they were diagnosed with the illness. It can take as long as 50 years before mesothelioma begins to develop, making it difficult to link asbestos exposure to the disease. In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton hosted 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's charged with clearing up the mess and restore trust in the NYCAL system. Discovery Phase In a lawsuit, both sides exchange information about their positions in the case. This is known as discovery. Depositions may involve examining documents as well as examining witnesses under oath. Both parties will also share reports and testimony from experts on medical and safety concerns. The defendants in asbestos litigation have been known to hire experts and scientists who can be manipulated by defense attorneys to discredit plaintiffs claims. In this phase of the process, it's important to have an experienced lawyer to represent you. Asbestos lawsuits typically involve a variety of defendants. It could be in a variety of places that an individual was exposed. A variety of different manufacturers or companies can be held accountable. For instance mesothelioma lawsuits could claim that a worker was exposed to asbestos at a factory in one location and an oil refinery in a different and during the construction of an energy plant in another area. The symptoms of mesothelioma typically show between 10 and forty years after exposure. According to the laws of each state, individuals diagnosed with mesothelioma are given between one and five years to file a claim before the time limit expires. People diagnosed with the rare cancer known as mesothelioma usually receive compensation to cover medical bills, funeral costs and other expenses. A successful mesothelioma case can also award damages to compensate for pain, suffering and loss in quality of life. Many victims and their families have received multimillion dollar verdicts. However some defendants have opted for bankruptcy to avoid responsibility for asbestos-related injuries. Johns-Manville, for example has filed for bankruptcy in 1986. The money was put into a trust fund to cover future asbestos-related claims. However the company has continued to produce asbestos-related products. Settlements Asbestos patients can claim compensation for medical expenses, lost income, and suffering through settlements in lawsuits and jury verdicts. An attorney for mesothelioma will guide patients through the legal process by filing the required paperwork and defending the client in court. The lawsuits claiming asbestos exposure and illness have been filed since the 1920s, however it was not until the 1970s that evidence collected to prove the connection between asbestos and certain types of cancers. Once the connection was confirmed, asbestos companies began going bankrupt and were forced to set aside large trust funds to cover future lawsuits. In 1986, these asbestos litigation issues led to the Asbestos Claims Facility to be created. It was set up to streamline the handling of claims as well as to help in managing the ever-growing litigation crisis. However, the number of cases that were pending continued to rise and by the 2000s, there was a backlog of over a thousand of asbestos lawsuits. The amount a mesothelioma sufferer can expect to receive from a settlement in a lawsuit or jury award is contingent on several factors, including the severity of the condition and the length of time between exposure and the first signs manifesting. Victims must also consider the impact of their illness on the quality of their life and any impairments resulting from the illness. Although some asbestos cases resulted in large verdicts by juries, the majority victims choose to settle rather than take the case to court. It is typically easier for a plaintiff to win a lawsuit settlement than to win a trial, and the possibility of appeals could encumbrate the amount of compensation for a long time. Settlements in lawsuits also allow the victim to avoid the stress and trauma of having to testify in court. Trial Mesothelioma and asbestosis as well as other types of asbestos-related diseases can develop years after exposure. It is not unusual for asbestos-related victims to be stricken for a long period of time before they are able to file a lawsuit against the companies accountable for their affliction. State laws called statutes of limitations typically allow people one to three years from diagnosis or discovery to start a lawsuit against asbestos, depending on their location. Even after these statutes of limitations have passed the victims and their loved ones could be able to claim compensation through a lawsuit against businesses who sold them asbestos-related goods or asbestos trust funds that take on the liability for the companies. As well as filing lawsuits on their own behalf the victims can also participate in classes actions. This permits them to make an action on behalf of others who have similar asbestos exposure histories. However, it is important to remember that joining a class action could limit your rights as an individual plaintiff. You will also not be in a position to negotiate a personal award with defendants. At trial your lawyer will collect evidence to show how you were exposed and the specific asbestos-containing products that caused your illness. This includes identifying asbestos producers and compiling information about their products, as well as the places where asbestos was used. The defendants can try to counter this evidence and argue that you didn't prove your case. However, a knowledgeable mesothelioma attorney can successfully rebut these arguments and get you the amount you are entitled to. Throughout the litigation, major corporations who exposed asbestos victims have tried to minimize their obligation to compensate victims by filing claims that are not legitimate. A mesothelioma lawyer can be able to thwart these tactics, which are designed to delay your case until you die or become too sick to fight for justice.
first asbestos lawsuit
