How to File an Asbestos Lawsuit
Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because asbestos-containing products were used at various locations by victims.
A mesothelioma lawyer can help you understand the compensation options available to you. You could be eligible to receive compensation from the company that manufactured or installed asbestos or from an asbestos trust set up to pay for claims.
How to File a Claim
In most states, mesothelioma sufferers as well as those with other asbestos-related illnesses are able to make an action for compensation. The process is complex, but attorneys are available to help victims and their families get the money they deserve. Attorneys and victims must work together to create a solid claim. This includes providing evidence of employment and medical history and testimony from family members.
When seeking compensation the victims and their lawyers will typically file a lawsuit against companies that exposed them. This includes companies that mined raw asbestos or manufactured asbestos-based products, and employers who failed to protect workers from exposure. Bellevue asbestos lawsuit can also file a lawsuit for wrongful death if a loved ones passed away due to an asbestos-related illness.
The statute of limitation for filing mesothelioma lawsuits can differ from state to state, but usually begins when a person is diagnosed with a condition that is related to asbestos. Individuals should speak with an expert mesothelioma lawyer as quickly as they can to find out the options for pursuing compensation.
During a free mesothelioma consultation, attorneys will discuss the specifics of the case to determine whether it is worth pursuing. They will ask the patient about their employment history, military service and mesothelioma-related diagnoses to determine when and how they were exposed.
The lawyers will then explain to the victim the types of compensation they may be entitled. This can include compensatory damage to cover the patient's financial requirements like medical bills and lost income. In some instances, patients may be eligible to receive additional financial aid such as health insurance or disability benefits. In these cases an attorney can help explain the impact of pursuing these options on the outcome of a lawsuit for mesothelioma.
Case Review
Victims and their families are able to seek financial compensation from asbestos companies through lawsuits. These lawsuits communicate that businesses that put profit over safety have to pay for their negligence. Compensation will not bring back health or a loved one but it can pay for treatment that prolongs the life of a person and provide financial security for families affected.
A lawyer who knows the ins and outs of mesothelioma lawsuits can help clients through each 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 via the phone.
During the review your attorney will be able to determine the extent to which you were exposed. Many people who have been diagnosed with asbestosis were exposed to this dangerous material while at work or in the military. Your attorney can look over your employment history and military records to determine how you were exposed.
To be successful in a mesothelioma lawsuit you must prove where and how you were exposed. It is not easy for patients to prove their asbestos exposure in particular if it occurred many years before they were diagnosed with the disease. Mesothelioma symptoms can take anywhere from 20 to 50 years to develop and it can be difficult to connect the dots between exposure and the asbestos-related 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 modified to favor asbestos plaintiff law firms such as Weitz & Luxenberg. The judge is charged with cleaning up the mess and restore trust in the NYCAL system.
Discovery Phase
In a lawsuit the parties share information about their respective positions in the case. This is known as discovery. Depositions can include examining documents as well as interviewing witnesses under an oath. Both parties will also share reports and testimony from experts on medical and safety concerns.
Defendants in asbestos litigation have been known to hire consultants and scientists who can be manipulated by defense attorneys to discredit plaintiffs claims. During this phase of the process, it is important to have an experienced lawyer on your side.
Asbestos cases typically involve multiple defendants. There could have been numerous locations where an individual was exposed to asbestos and several different manufacturers or companies could be held liable. For instance mesothelioma lawsuits may claim that a worker was exposed to asbestos at an industrial facility in one state or an oil refinery in a different and in the construction of a power plant in still another area.
The signs of mesothelioma are usually apparent between 10 and forty years after exposure. According to the laws of each state patients diagnosed with mesothelioma have between one and five years to submit an action 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, as well as other expenses.
A successful mesothelioma lawsuit could also award damages to pay for pain, suffering and loss in quality of life. Many victims and their family members have received multimillion-dollar verdicts. 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 a trust fund to pay future asbestos claims, but has continued to produce asbestos products.
Settlements
Asbestos victims can be compensated for medical expenses, lost income and suffering as a result of lawsuit settlements and jury verdict awards. A mesothelioma lawyer who is knowledgeable will guide the victim through the legal process, including the correct paperwork and defending the victim in court proceedings.
Since the 1920s, asbestos-related lawsuits have been filed. However it wasn't until the 1970s that evidence was gathered that established the connection between asbestos exposure and certain types of cancer. Once the connection was confirmed, asbestos companies began going bankrupt and were forced to reserve large trust funds to cover future lawsuits.
These asbestos litigation issues led to the formation of the Asbestos Claims Facility in 1986 that was created to centralize handling of the claims and assist in managing the 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 upon many factors, such as the severity of the illness and the length of time between exposure and the first signs of symptoms manifesting. Victims should also consider the impact their condition has on their lives and any impairments that might result.
While some asbestos cases ended in large verdicts from juries, the majority of victims settle their cases rather than take the case to court. A settlement in a lawsuit is typically more likely to be won than a trial. The possibility of an appeal can delay compensation for a long time. A settlement with a lawsuit allows the victim to avoid the stress and trauma of testifying in court.
Trial
Mesothelioma, asbestosis and other asbestos-related diseases can occur 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 responsible for their condition. State laws, called statutes-of-limitations, give people between one and three years to file an asbestos suit according to where they reside. Even after these statutes of limitations expire the victims and their loved ones 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 the companies.
In addition to lawsuits filed by victims on their own they can also join class actions, which permit them to make a claim on behalf of a group of victims with similar asbestos exposure experiences. It is important to keep in mind that joining a group action could limit your rights, and you will not be able to negotiate a personal award.
At trial the lawyer will gather evidence to show the extent to which you were exposed and the asbestos-containing products that caused your illness. This involves identifying asbestos-containing manufacturers and assembling information about their products, including areas where asbestos was used. The defendants could try to counter this evidence and claim that you haven't proved your case. However, a skilled mesothelioma lawyer can successfully counter these arguments and help you get the amount you deserve.
In the course of litigation, large companies that exposed victims to asbestos have attempted to reduce their liability to compensate victims by filing flimsy motions. A mesothelioma lawyer who is skilled is adept at securing the victory against these strategies, which are designed to delay your case until that you will be unable to live or get sick to fight for justice.