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 numerous locations by victims.

A mesothelioma lawyer can assist you understand the options for compensation available to you. You could be eligible to receive compensation from the company that manufactured or installed asbestos or from an asbestos trust that was established to pay claims.

How to File a Claim

In most states, mesothelioma sufferers and those suffering from other asbestos-related illnesses are able to submit an action for compensation. The process can be complicated however, attorneys are readily available to assist families of victims get the money they deserve. Victims and their attorneys must work closely together to build a strong claim. This includes providing evidence of employment and medical history and testimony from family members.

When pursuing compensation victims and their attorneys will typically file a lawsuit against companies that exposed them to asbestos. This includes companies that mined asbestos, manufactured asbestos lawyer-based products and even employers that did not protect workers from exposure to asbestos. Family members may also bring a wrongful death lawsuit in the event that a loved one has died due to an asbestos-related disease.

The statute of limitations for filing a mesothelioma lawsuit may differ by state, but generally starts when a person is diagnosed with an asbestos-related condition. Contact a mesothelioma lawyer as soon as possible to learn more what options you have to receive compensation.

Attorneys will review the case details and determine whether it is worth the effort during a free consultation. They will ask about the patient's job background, military service and mesothelioma diagnoses to determine how and when the person was exposed.

The lawyers will then explain to the victim what kinds of compensation they may be entitled to. This could include compensatory damages to pay for the patient's financial requirements such as medical expenses and lost income. In some instances, patients can receive additional financial assistance through health insurance or disability benefits. In these instances an attorney will explain how pursuing these options could impact the outcome of a mesothelioma lawsuit.

Case Review

Lawsuits against asbestos companies are a way for victims and their families to seek financial compensation for the losses they suffered. These lawsuits convey that those who place profits over safety should be held accountable for their mistakes. While compensation cannot help restore health or bring back loved ones but it can to pay for life-extending treatments and provide financial security for the family members affected.

A lawyer who understands the mesothelioma's ins and outs of litigation can guide clients through each step of the procedure. A case review is also known as an "case evaluation". This is a chance for you and your attorney to discuss your exposure history in person or over the phone.

During the examination your attorney will be able to assess the extent to which you were exposed asbestos. Many people diagnosed with mesothelioma were exposed to the hazardous material at work or while serving in the military. Your attorney can look over your employment history as well as military service documents to determine the cause of your exposure.

A successful mesothelioma lawsuit is based on establishing the manner and location you were exposed to asbestos. This can be a challenge for some victims, especially those who were exposed to asbestos years before the diagnosis of their illness. It could take up to 50 years before mesothelioma begins to be diagnosed, which makes it difficult to establish a link between asbestos exposure to the disease.

In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held an open town hall meeting to hear complaints from asbestos defendants that NYCAL's dockets have been modified to favor asbestos plaintiff law firms like Weitz & Luxenberg. He's charged with cleaning up the mess and rebuilding confidence in the NYCAL system.

Discovery Phase

In a lawsuit in a lawsuit, both sides exchange information about their positions in the case. This is referred to as discovery. Depositions can include examining documents and also interviewing witnesses under the oath. Both sides will also exchange reports and testimony from experts regarding safety and medical issues.

Defense lawyers have been known to hire scientists and consultants who can be employed to discredit the plaintiffs claims. In this stage of the process, it is important to have an experienced lawyer to represent you.

Asbestos cases usually involve multiple defendants. It could have occurred at many different places that a person was exposed. Many different manufacturers or companies can be held accountable. A mesothelioma suit might claim that a worker was exposed to asbestos in a factory or an oil refinery and even a power plant.

Mesothelioma symptoms usually manifest between 10 and 40 years after exposure. According to the laws of the state that treat mesothelioma patients, they may experience between one and five years before the statute of limitation expires. People diagnosed with the rare cancer called mesothelioma typically receive compensation to cover medical expenses funeral costs, as well as other expenses.

Additionally to that, a mesothelioma lawsuit that is successful can also award damages for pain and suffering as well as loss of quality of life. Many victims and their family members have received multimillion-dollar verdicts. Some defendants have used bankruptcy as a way to avoid the liability for asbestos-related injuries. Johns-Manville, for example was declared bankrupt in 1986. The money was placed into a trust fund to pay 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 suffering through lawsuit settlements and jury verdicts. An attorney for mesothelioma will guide patients through the legal process by filing the required paperwork and defending them in court proceedings.

Since the 1920s asbestos-related lawsuits were filed. However it wasn't until 1970s that evidence was gathered that established the connection between asbestos exposure and certain kinds of cancer. Once the link was established, asbestos companies began to fail. They were also forced to establish trust funds in order to fund future litigation.

In 1986, asbestos litigation issues led the Asbestos Claims Facility to be created. It was established to centralize the handling of claims as well as to assist in managing the increasing litigation crisis. However, the number of cases that were pending continued to rise and by the time of the 2000s, there was a backlog of over a thousand of asbestos lawsuits.

The amount of money mesothelioma sufferers is likely to receive as a result of an award from a jury or settlement depends on a number of factors, including the degree of the disease and the time period between exposure and the first onset of symptoms. Victims must also consider the impact their illness affects their quality of life as well as any impairments that might result.

While some asbestos cases ended in huge verdicts by juries, the majority victims choose to settle instead of taking the case to the court. It is often easier for a plaintiff to settle a lawsuit than to win at trial, and the possibility of appeals can tie up the amount of compensation for a long time. Also, a lawsuit settlement lets the victim stay clear of the stress and trauma of appearing in court.

Trial

Mesothelioma, asbestosis, and other asbestos-related illnesses can manifest years after exposure. This means victims often have long periods of time to file lawsuits against companies responsible for their illnesses. Statutes of limitations, as they are known in the state allow people between one and three years to file an asbestos lawsuit according to where they reside. Even after these statutes of limitation expire victims and their loved ones could be eligible to receive compensation through a lawsuit against businesses 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, victims can join class actions that allow them to make a claim on behalf of groups of victims who have similar asbestos exposure history. It is important to keep in mind that joining a class action may limit your rights and you won't be able negotiate an individual award.

Your lawyer will collect evidence at trial to demonstrate how you were exposed, and what specific products containing asbestos caused your illness. This includes identifying asbestos manufacturers and assembling information about their products, as well as the places where asbestos was used. Defendants may try to challenge this evidence, arguing that you didn't demonstrate your case. A mesothelioma lawyer can defend these arguments and obtain the compensation you are entitled to.

Throughout the litigation process, large corporations that exposed victims to asbestos have tried to diminish their liability to pay compensation by filing frivolous motions. A mesothelioma lawyer can be in a position to stop these tactics, which are designed to delay your case until you pass away or become too sick to fight for justice.