How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because a lot of victims worked at a variety of sites that utilized asbestos-containing products.
A mesothelioma lawyer can help you understand the options for compensation that are available to you. You could be eligible for compensation from the company who manufactured or installed asbestos or from an asbestos trust that was established to settle claims.
How to File a Claim
In most states, mesothelioma sufferers and those suffering from other asbestos-related diseases can file an action for compensation. The process is complicated however, lawyers are there to assist victims and their families receive the compensation they deserve. Victims need to work closely with their attorney, providing details to build a strong case, such as employment and medical records, and also testimony from family members.
When pursuing compensation victims and their attorneys will typically pursue a lawsuit against businesses that exposed them to asbestos. This includes companies that produced products that contain asbestos, and even employers who failed to protect their workers from exposure to asbestos. Families may also bring a lawsuit for wrongful death if their loved one died of an asbestos-related illness.
The statute of limitations for filing a mesothelioma lawsuit can vary from state to state, but generally begins as soon as someone is diagnosed with an asbestos-related condition. Contact a mesothelioma lawyer as soon as you can to learn more about your options for compensation.
During a free mesothelioma consultation attorneys will go over the details of the case to determine whether it is worth pursuing. They will inquire with the patient about their job background, military service, and mesothelioma diagnosis to determine the time and manner in which they were exposed.
The lawyers will explain to the victim what types of compensation they could be entitled to. This can include compensatory damage to meet financial needs like medical bills and lost income. In some instances, patients can receive additional financial assistance in the form of disability or health insurance. In these cases an attorney can help explain the implications of exploring these options on the outcome of a lawsuit for mesothelioma.
Case Review
Lawsuits against asbestos-related companies are 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 should be held accountable for their mistakes. While compensation cannot restore health or bring back a loved one however, it can help pay for life-extending treatment and provide financial security for families affected by the illness.
A lawyer who understands the mesothelioma's nuances and complexities of litigation can help clients navigate each step of the process. One of the most crucial steps is the case review or case evaluation. This is an opportunity for you and your attorney to discuss your exposure history in person or via the phone.
During the examination, your attorney will be able to determine how you were exposed. Many mesothelioma patients were exposed to the dangerous substance at work or while serving in the military. Your attorney can review your documents of your employment and military records to determine how you were exposed.
In order to succeed in a mesothelioma claim you must be able to show where and how you were exposed. It isn't easy for mesothelioma victims to prove that they were exposed to asbestos in particular if it occurred many years before they were diagnosed with the disease. It can take as long as 50 years for mesothelioma symptoms to be diagnosed, which makes it difficult to link asbestos exposure to the disease.
In the wake of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to listen to complaints from asbestos defendants that NYCAL's docket has been manipulative to favor asbestos plaintiff law firms such as Weitz & Luxenberg. The judge has been given the task of cleaning up the mess and rebuilding confidence in the NYCAL system.
Discovery Phase
In a lawsuit the parties share information about their respective positions in the case. This is called discovery. Depositions can include examining documents as well as examining witnesses under an oath. Lawyers for both sides will also share the testimony of experts and reports on safety and medical issues.
The defendants in asbestos litigation have been known to employ consultants and scientists who could be manipulated by the defense attorneys to discredit plaintiffs' claims. In this phase of the process, it is essential to have an experienced lawyer on your side.
Asbestos cases often involve many defendants. There may have been many locations where a person was exposed to asbestos, and several different manufacturers or companies could be held responsible. A mesothelioma suit might claim that a worker had been exposed to asbestos in a workplace or oil refinery and a power plant.
Mesothelioma symptoms typically manifest between 10 and 40 years after exposure. Depending on state laws patients diagnosed with mesothelioma will have between one and five years to make an application before the statute of limitations expires. Mesothelioma is a rare type of cancer. People who are diagnosed with it receive compensation for medical expenses, funeral expenses and other expenses.
Alexandria asbestos lawsuits can also award damages to pay for pain, suffering and loss in quality of life. Many victims and their families have received multimillion-dollar verdicts. However certain defendants have used bankruptcy to avoid liability for asbestos-related injuries. Johns-Manville, for example, filed for bankruptcy in 1986. The money was placed into a trust fund that was set up to pay for future asbestos claims. However the company has continued to manufacture asbestos-related products.
Settlements
Asbestos victims can be compensated for medical expenses, lost income and pain and suffering through settlements for lawsuits and jury verdict awards. An attorney for mesothelioma will guide patients through the legal process by submitting the necessary paperwork and representing them in court proceedings.
Since the 1920s, asbestos-related lawsuits have been filed. However, it wasn't until the 1970s that evidence was discovered that established the connection between asbestos exposure and certain types of cancer. Once the connection was established, asbestos companies began going bankrupt and were forced to put aside large trust funds to cover future lawsuits.
In 1986, these asbestos litigation issues led the Asbestos Claims Facility to be established. It was established to centralize the handling of claims and help in managing the ever-growing litigation crises. However, the number of pending cases continued to increase and by the 2000s there was a backlog of tens of thousands of asbestos lawsuits.
The amount a mesothelioma patient is likely to receive from a settlement in a lawsuit or jury award is contingent upon several factors, including the severity of the disease and the length of time between exposure and first signs showing. Victims should be aware of the impact of their condition on the quality of their life and any resulting impairments.
Although some asbestos cases have resulted in substantial verdicts from juries, the majority of victims choose to settle rather than take the case to court. A settlement agreement is generally easier to win than a trial. It is also possible that an appeal can delay compensation for years. A settlement in a lawsuit also allows the victim to avoid the stress and trauma of having to testify in court.
Trial
In the years following exposure, asbestosis, mesothelioma and other asbestos-related diseases may develop. It is not uncommon for victims to have a long period of time before they are able to file a lawsuit against the companies accountable for their illness. State laws called statutes of limitations typically give individuals between one and three years from diagnosis or discovery to start a lawsuit against asbestos depending on where they live. Even after the statutes of limitations have been lapsed, the victims and their families could still be able recover compensation by suing companies who sold asbestos-related products to them, or asbestos trust funds which take on the responsibility of these companies.
In addition to filing lawsuits on their own behalf, victims can also join group actions. This allows them to file a complaint on behalf of others who have similar asbestos exposure history. It is important to remember that joining a class action may restrict your rights and you will not be able to negotiate a personal award.
During the trial the lawyer will gather evidence to demonstrate how you were exposed to asbestos and which specific asbestos-containing products caused your illness. This includes identifying asbestos producers and compiling information on their products, including the places where asbestos was used. The defendants can try to counter this evidence and argue that you didn't prove your case. A mesothelioma lawyer can successfully argue against these arguments and secure the compensation you deserve.
In the course of litigation large corporations that exposed victims to asbestos have attempted to reduce their responsibility to pay compensation through filing frivolous motions. A knowledgeable mesothelioma lawyer is adept at thwarting these tactics designed to delay your case, so that you die or become too sick to fight for justice.