How to File an Asbestos Lawsuit

Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because many victims worked at a variety of sites that utilized asbestos-containing products.

An experienced mesothelioma lawyer can assist you in understanding your options regarding compensation. You may be eligible for compensation from the company that constructed or installed asbestos, or from an asbestos trust established to pay for claims.

How to File a Claim

In most states, victims of mesothelioma or other asbestos-related illnesses can file a legal claim for compensation. Attorneys are available to assist victims and their family members in receiving the compensation they are entitled to. The attorneys and the victims need to work closely together to create a solid claim. This includes providing evidence of employment and medical history and testimony from family members.

In the event of pursuing compensation victims and their attorneys typically bring a lawsuit against the companies who exposed them to asbestos. This includes companies who mined asbestos, manufactured products that contain asbestos, and even employers who did not protect their employees from exposure to asbestos. Families may also file a lawsuit for wrongful deaths if their loved ones died from an asbestos-related disease.

The statute of limitation for filing mesothelioma lawsuits can differ from state to state, but usually begins when someone is diagnosed with a condition that is related to asbestos. Contact a mesothelioma lawyer as soon as possible to know more what is the average settlement for asbestos claim options you have to receive compensation.

At a no-cost mesothelioma consult attorneys will discuss the specifics of the case and determine whether it's worth the effort. They will inquire about their employment 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 might be entitled. This could include compensatory damages that cover the financial needs of a patient such as medical bills as well as lost income and ongoing treatment costs. In certain cases, patients can receive additional financial assistance in the form of health insurance or disability benefits. In these cases, an attorney can explain how pursuing these options can affect the outcome of a mesothelioma lawsuit.

Case Review

Lawsuits against asbestos companies are a way for victims and their families to seek compensation for their losses. These lawsuits convey the message that companies who place profits before safety should be held accountable for their negligence. Compensation cannot bring back health or a loved one's life, but it can help pay for treatments that extends life and provide financial security to affected family members.

A lawyer who knows the ins and outs of mesothelioma lawsuits can guide clients through each step of the procedure. A case review is also known as a "case evaluation". This is an opportunity for you and your attorney to talk about your history of exposure in person or on the phone.

During the examination, your attorney will be able to assess how you were exposed to asbestos. Many people who are diagnosed with asbestosis were exposed hazardous substance while working or in the military. Your attorney can review your employment history and military service documents to determine the cause of your exposure.

In order to succeed in a mesothelioma lawyer asbestos cancer lawsuit claim, you must show where and how you were exposed. It is not easy for patients to prove their exposure to asbestos in particular if it occurred several years before they were diagnosed with the illness. It can take as long as 50 years for mesothelioma symptoms to manifest, making it difficult to establish a link between asbestos cancer lawsuit lawyer mesothelioma settlement exposure to the disease.

In the wake of 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 to favor cancer of asbestos plaintiff law firms like Weitz & Luxenberg. The judge is charged with clearing up the mess and restore confidence in the NYCAL system.

Discovery Phase

In a lawsuit, both sides exchange information about their respective positions. This is referred to as discovery. This could involve looking at documents and also interviewing witnesses under oath. This is known as depositions. Lawyers for both sides will also discuss expert testimony and reports regarding safety and medical issues.

Defendants in asbestos litigation have been known to employ experts and scientists who can be manipulated by the defense lawyers to undermine plaintiffs claims. In this stage of the process, it is essential to have an experienced lawyer to represent you.

Asbestos lawsuits typically involve a variety of defendants. It may have been at many different places that a person was exposed. Several different companies or manufacturers could be held responsible. For example mesothelioma lawsuits could claim that a worker had been exposed to asbestos in a factory in one state and an oil refinery in a different and in the construction of a power plant in still another location.

Mesothelioma symptoms typically develop between 10 to 40 years after exposure. In accordance with state laws those diagnosed with mesothelioma may experience between one and five year before the statute of limitations expires. People diagnosed with the rare cancer known as mesothelioma usually receive compensation to cover medical expenses funeral costs, as well as other expenses.

In addition, a successful mesothelioma lawsuit may also award damages for pain and suffering as well as loss of quality of life. A lot of victims and their families have received multimillion-dollar verdicts. However certain defendants have used bankruptcy to avoid liability for asbestos-related lawsuit injuries. Johns-Manville for instance has filed for bankruptcy in 1986. The money was placed into a trust fund to pay future asbestos claims. However, the company has continued to manufacture asbestos products.

Settlements

Asbestos victims can be compensated for medical expenses, lost income and suffering through settlements for lawsuits and jury verdict awards. A knowledgeable mesothelioma lawyer will assist the victim through the legal process, submitting the correct paperwork and defending the victim in court proceedings.

Since the 1920s, asbestos-related lawsuits have been filed. However it wasn't until 1970s when evidence was gathered that proved the link between asbestos exposure and certain types cancer. Once the connection was confirmed asbestos-related companies began to go bankrupt and were forced to put aside large trust funds to pay for future lawsuits.

In 1986, 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 in managing the ever-growing litigation crises. The number of asbestos-related cases increased, and in the early 2000s, there was a backlog of thousands of asbestos lawsuits.

The dollar amount a mesothelioma patient could expect to receive from a settlement in a lawsuit or jury award depends on many factors, such as the severity of the condition and the time between exposure and the first signs of symptoms manifesting. Victims must also take into account the impact of their condition on the quality of their life and any resulting impairments.

While asbestos cases can result in large jury verdicts the majority of asbestos victims prefer an agreement instead of going to trial. A settlement in a lawsuit is typically more likely to be won than a trial. And the possibility of an appeal can delay compensation for years. Settlements in lawsuits also allow the victim to avoid the stress and trauma that comes with testifying at trial.

Trial

Mesothelioma, asbestosis and other types of asbestos-related diseases can develop years after exposure. This means victims often have long periods of time to file lawsuits against the companies that caused their illness. State laws, also known as statutes of limitations typically allow individuals between one and three years from diagnosis or discovery to start a lawsuit against asbestos depending on where they live. Even after these statutes of limitation expire victims and their families could be eligible to receive compensation through a lawsuit against companies who sold them asbestos-related products or asbestos trust funds that assume responsibility for those companies.

In addition to lawsuits brought by victims on their own they can also join in class actions, which permit them to file a claim on behalf of a group of victims with similar asbestos exposure history. It is important to keep in mind that joining a class action can limit your rights and you will not be able to negotiate an individual award.

During the trial, your lawyer will gather evidence to prove how you were exposed to asbestos and the asbestos-containing products that caused your disease. This involves identifying asbestos producers and compiling information on their products including the locations in which asbestos was used. The defendants can try to counter this evidence and claim that you didn't demonstrate your case. A mesothelioma lawyer can successfully argue against these arguments and secure the compensation you are entitled to.

Throughout the litigation, major companies that exposed asbestos victims have tried to reduce their obligation to compensate victims through filing frivolous claims. A mesothelioma lawyer is able to thwart these tactics which are intended to delay your case until you pass away or become too sick to fight for justice.