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.
A knowledgeable mesothelioma lawyer will assist you in understanding the options for compensation. You may be able to receive compensation from the business which manufactured or installed asbestos or from an asbestos trust fund established to settle claims.
How to File a Claim
In the majority of states, mesothelioma patients and those suffering from other asbestos-related illnesses are able to submit a claim for compensation. The process can be complicated however, lawyers are there to help families of victims get the money they deserve. Attorneys and victims need to work closely together to build a strong claim. This includes providing evidence of employment and medical history and testimony from family members.
To receive compensation lawyers and victims will typically bring an action against the businesses that exposed them to asbestos. This includes companies that mined asbestos, manufactured products that contain asbestos, and even employers who did not safeguard their employees from exposure. Families can also file 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 differ by state, but usually begins as soon as someone is diagnosed with an asbestos-related disease. Individuals should speak with an experienced mesothelioma lawyer as soon as possible to learn about the options for seeking compensation.
Attorneys will review the case details and determine if it is worth pursuing during a free consultation. They will ask about the patient's job background, military service and mesothelioma diagnosis to pinpoint how and when the patient was exposed.
Lawyers will then explain the different types of compensation a victim might be entitled to. This can include compensatory damages to cover the financial requirements of a patient, such as medical expenses, lost income and ongoing costs associated with treatment. In some instances, patients may be able to obtain 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
Lawsuits against asbestos companies are a way for victims and their families to seek compensation for the losses they suffered. These lawsuits communicate that those who place profits over safety have to pay for their negligence. Compensation will not bring back health or a loved one's life, but it can pay for treatment that prolongs life and provide financial security to families affected.
A lawyer who is knowledgeable about the ins and outs of mesothelioma lawsuits can help clients through every step of the procedure. A case review is also referred to as an "case evaluation". This is an opportunity for you and your attorney to discuss your history of exposure in person or over the phone.
During the review your attorney will be in a position to determine the extent to which you were exposed. Many mesothelioma patients were exposed to asbestos-containing material while at work or serving in the military. Your attorney can review your employment history as well as military service records to determine the cause of your exposure.
A successful mesothelioma lawsuit hinges on establishing how and where you were exposed to asbestos. This can be a challenge for some victims, especially those who were exposed to asbestos several years prior to the diagnosis of their illness. Mesothelioma symptoms can take anywhere from 20 to 50 years for the development which makes it difficult to determine the connection between exposure and the asbestos-related disease.
In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton hosted a town hall meeting to listen to complaints from asbestos defendants on the docket of NYCAL being rigged in favor of asbestos plaintiff law firms such as Weitz & Luxenberg. The judge is charged with clearing up the mess and restoring confidence in the NYCAL system.
Discovery Phase
In a lawsuit, the two sides exchange information about their respective positions. This is referred to as discovery. Depositions can involve looking over documents as well as examining witnesses under an oath. The lawyers on both sides will also share expert testimony and reports regarding safety and medical issues.
Defense attorneys have been infamous in asbestos litigation to hire consultants and scientists who can be employed to discredit plaintiffs claims. It is essential to have a competent lawyer on your team in this phase.
Asbestos cases often involve many defendants. It could have occurred at many different places that a person was exposed. Several different companies or manufacturers could be held accountable. A mesothelioma lawsuit could claim that a worker was exposed to asbestos in a manufacturing facility or an oil refinery and a power plant.
Mesothelioma symptoms typically develop between 10 to 40 years after exposure. Based on the laws of each state patients diagnosed with mesothelioma will have between one and five years to make an action before the time limit expires. Those diagnosed with the rare cancer called mesothelioma usually receive compensation to cover medical bills funeral costs, and other expenses.
Las Cruces asbestos lawyers 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. Some defendants have used bankruptcy as a way 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 has continued to manufacture asbestos-related products.
Settlements
Through settlements of lawsuits or jury verdicts, asbestos victims can receive compensation for their medical expenses, lost income, and pain and suffering. A mesothelioma lawyer who is knowledgeable will assist the victim through the legal process, including the proper paperwork and representing them in court proceedings.
The lawsuits claiming asbestos exposure and illnesses have been filed since the 1920s, but it wasn't until the 1970s that evidence accumulated confirming the link between asbestos and certain types of cancers. After the connection was established, asbestos companies began going bankrupt and were forced to put aside large trust funds to pay for future lawsuits.
In 1986, these asbestos-related litigation issues prompted the Asbestos Claims Facility to be established. It was set up to centralize the handling of claims as well as to help manage the growing litigation crisis. However, the number of cases that were pending continued to increase and by the 2000s, there was a backlog of thousands of asbestos lawsuits.
The dollar amount that a mesothelioma patient can expect to receive as a result of a jury award or settlement depends on a number of factors such as the severity of the disease and the time between exposure and the first onset of symptoms. Victims should also take into account the impact of their illness on their quality of life and any impairments resulting from the illness.
While some asbestos cases ended in huge verdicts from juries, most victims choose to settle rather than go to court. It is often easier for the plaintiff to settle a lawsuit than to prevail at trial, and the potential of appeals can tie up compensation for a number of years. Also, a lawsuit settlement lets the victim get away from the stress and anxiety of testifying at trial.
Trial
In the years following exposure, asbestosis, mesothelioma and other asbestos-related diseases may develop. It is not uncommon for patients to suffer for a long amount of time before they can bring a lawsuit against the companies that are responsible for their affliction. State laws, also known as statutes-of-limitations allow people between one and three years to file an asbestos lawsuit subject to the location they reside. Even after these statutes of limitations have expired the victims and their loved ones may be able to recover compensation through a lawsuit against companies who sold them asbestos-related goods or asbestos trust funds that assume responsibility for those companies.
In addition to lawsuits brought by individual victims, victims can join in class actions, which allow them to make a claim on behalf of groups of victims who have similar asbestos exposure experiences. However, it is important to keep in mind that joining a class action could restrict your rights as a plaintiff. Additionally, you won't be capable of negotiating an individual award with defendants.
Your lawyer will gather evidence during trial to demonstrate how you were exposed, and which products that contain asbestos contributed to your condition. This includes identifying asbestos producers and compiling information on their products, including the areas where asbestos was used. The defendants can try to counter this evidence and claim that you did not prove your case. However, a knowledgeable mesothelioma lawyer will be able to successfully challenge these arguments and secure the amount you deserve.
Throughout the litigation, large companies that exposed asbestos victims have attempted to minimize their responsibility to compensate victims by filing claims that are frivolous. A skilled mesothelioma lawyer is adept at securing victory over these tactics that are designed to delay your case so that you end up dying or becoming too sick to fight for justice.