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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 options for compensation that are available to you. You may be able get compensation from the company that manufactured or installed asbestos or from an asbestos trust fund that was established to settle claims.

Making a Claim

In many states, mesothelioma patients as well as those with other asbestos lawyer-related illnesses are able to make a claim for compensation. The process is complicated however, lawyers are there to assist victims and their families get the money they need. Victims must work closely with their attorney, supplying information to prove their case, such as employment and medical records, and also testimony from family members.

To obtain compensation lawyers and victims will typically bring a lawsuit against the companies who exposed them to asbestos. This includes companies that mined asbestos as well as those that manufactured asbestos attorneys-based products. even employers that did not protect workers from exposure. Families may also bring a lawsuit for wrongful death if a loved ones died from an asbestos-related disease.

The time limit for the filing of a mesothelioma suit can differ by state, but it usually begins as soon as someone is diagnosed with an asbestos-related disease. People should consult with an experienced mesothelioma lawyer as soon as possible to understand the options for seeking compensation.

Attorneys will discuss the details of the case and decide if it is worth pursuing in a no-cost consultation. They will ask the patient about their job history, military service and mesothelioma diagnoses to pinpoint the time and manner in which they were exposed.

Lawyers will then go over the different types of compensation a victim may be entitled to. This could include compensatory damages to meet a patient's financial needs such as medical expenses, lost income and ongoing treatment costs. In some instances, patients may be eligible to receive additional financial aid such as disability insurance or health insurance. In these cases an attorney will explain how the pursuit of these options might affect the outcome of a mesothelioma claim.

Case Review

Family members and victims of asbestos exposure are able to seek financial compensation from asbestos-related companies through lawsuits. These lawsuits communicate that businesses that put profit before safety should be held accountable for their mistakes. While compensation cannot restore health or bring back loved ones but it can 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 guide clients through every step of the process. A case review is also referred to as a "case evaluation". This is an opportunity for you and your attorney to talk about your exposure history in person or on the phone.

During the examination, your attorney will be in a position to determine the extent to which you were exposed. Many patients diagnosed with mesothelioma were exposed to the hazardous material at work or while serving in the military. Your attorney can examine the employment history 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. It is not easy for patients to prove their exposure to asbestos in particular if it occurred many years before they were diagnosed with the disease. It can take up to 50 years for mesothelioma to be diagnosed, which makes it difficult to connect asbestos exposure to the disease.

In the wake of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall to listen to the complaints of asbestos defendants who claim that NYCAL's docket has been rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. He was given the responsibility of cleaning up the mess and restoring trust in the NYCAL system.

Discovery Phase

In a lawsuit in a lawsuit, both sides discuss their positions in the case. This is called discovery. Depositions can involve looking over documents and also interviewing witnesses under the oath. Both sides will also exchange reports and testimony from experts on medical and safety concerns.

Defense lawyers have been known in asbestos litigation to employ experts and consultants who can be used to discredit the plaintiffs claims. In this phase of the process, it is crucial to have a skilled lawyer to represent you.

Asbestos cases often involve many defendants. It may have been at a variety of locations where a person was exposed. Several different companies or manufacturers could be held accountable. For instance mesothelioma lawsuits may claim that a worker had been exposed to asbestos in a factory in one state, an oil refinery in another and in the construction of an electric power plant in another location.

Symptoms of mesothelioma usually appear between 10 and 40 years after exposure. Based on the laws of each state, individuals diagnosed with mesothelioma have between one and five years to submit an action before the statute of limitations expires. People diagnosed with the rare cancer that is mesothelioma typically receive compensation to pay for medical bills, funeral costs and other expenses.

Additionally, a successful mesothelioma lawsuit may also award compensation for pain and suffering as well as loss of quality of life. A lot of victims and their families have been awarded multimillion-dollar settlements. However certain defendants have used bankruptcy to avoid liability for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986 and put money into an trust to pay for future asbestos claims but continued to manufacture asbestos-related products.

Settlements

Through settlements of lawsuits or verdicts of a jury, asbestos lawyers victims can be awarded compensation for medical expenses, lost income and pain and suffering. A mesothelioma lawyer who is knowledgeable will guide the victim through the legal process, filing the appropriate paperwork and defending them in court.

Since the 1920s asbestos attorneys-related lawsuits have been filed. However it wasn't until 1970s that evidence was discovered that proved the link between asbestos exposure and certain types of cancer. Once the connection was established asbestos companies began going insolvent and were forced to reserve large trust funds to fund future lawsuits.

These asbestos litigation issues led to the establishment of the Asbestos Claims Facility in 1986, which was designed to centralize the handling of claims and help manage the growing litigation crisis. However, the number of pending cases continued to increase and by the turn of the century there was a backlog of over a thousand of asbestos lawsuits.

The amount of money mesothelioma patients is likely to receive as a result of a jury award or settlement is contingent upon a variety of factors such as the severity of the disease as well as the time between exposure and the first onset of symptoms. Victims should also consider the impact that their illness affects their lives and any impairments that might result.

Although asbestos lawyers cases have resulted in large jury verdicts the majority of asbestos victims prefer an agreement instead of going to trial. A settlement agreement is generally easier to win than a trial. It is also possible that an appeal could delay compensation for years. Additionally, a settlement in a lawsuit can help the victim stay clear of the stress and trauma of testifying at trial.

Trial

Mesothelioma, asbestosis and other asbestos-related illnesses can manifest years after exposure. The result is that patients often have an extended time frame to file lawsuits against companies responsible for their ailments. State laws known as statutes of limitations typically allow victims between one and three years from diagnosis or discovery to file an asbestos lawsuit depending on where they live. Even after the statutes of limitation have expired, victims and their families might still be able recover compensation by suing companies that sold asbestos-related products or asbestos trust funds which take on the responsibility of those companies.

In addition to lawsuits brought by individual victims they can also join class actions, which permit them to bring a lawsuit on behalf of an entire group of victims with similar asbestos exposure history. It is important to remember that joining a class action may restrict your rights and you won't be able to negotiate an individual award.

Your lawyer will collect evidence at trial to show you the extent to which you were exposed and which specific products containing asbestos caused your illness. This includes identifying asbestos producers and compiling information about their products, as well as the locations where the asbestos was used. Defendants might try to contest this evidence and claim that you haven't proved your case. A mesothelioma lawyer can argue against these arguments and secure the compensation you deserve.

Throughout the litigation, major corporations that have exposed asbestos victims have tried to reduce their obligation to compensate victims through filing claims that are frivolous. A skilled mesothelioma lawyer 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.