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 places that used asbestos-containing products.
An experienced mesothelioma lawyer can help you understand your options regarding compensation. You could be eligible for compensation from the company who constructed or installed asbestos, or from an asbestos trust set up to settle claims.
How to File a Claim
In most states, mesothelioma patients and those with other asbestos-related illnesses are able to submit an action for compensation. Attorneys are available to aid victims and their family members in receiving the compensation they are entitled to. Attorneys and victims must work together to construct a strong claim. This includes providing employment and medical records and testimony from family members.
To receive compensation, victims and lawyers will typically bring a lawsuit against the company that exposed them asbestos. Sunnyvale asbestos lawyer includes companies who mined asbestos, manufactured products containing asbestos and even employers who did not protect their workers from exposure. Family members can also make a claim for wrongful death when a loved one dies from an asbestos-related illness.
The statute of limitations for the filing of a mesothelioma suit can vary from state to state, but usually starts when a person 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.
During a free mesothelioma consultation attorneys will discuss the details of the case to determine whether it is worth investigating. They will ask about the person's employment history, military service, and mesothelioma diagnoses to determine how and when the person was exposed.
The lawyers will explain to the victim what kinds of compensation they might be entitled to. This could include compensatory damages to meet the financial needs of a patient such as medical bills as well as lost income and ongoing costs for treatment. In some cases, victims are able to receive additional financial assistance through disability or health insurance. In these cases an attorney will explain the implications of exploring these options on the outcome of a case for mesothelioma.
Case Review
Lawsuits against asbestos companies are a way for victims and their families to seek financial compensation for their losses. These lawsuits convey that companies who put profits over safety should be held accountable for their negligence. Compensation is not able to bring back health or a loved one's life, but it can help pay for treatments that prolongs the life of a person and provide financial security to affected family members.
A lawyer who is knowledgeable about the ins and outs of mesothelioma litigation can guide clients through each step of the procedure. A case review is also referred to as a "case evaluation". This is an opportunity for you and your mesothelioma lawyer to meet in person or on the phone and discuss your exposure background.
During the examination the attorney will be able assess the extent to which you were exposed asbestos. Many people diagnosed with mesothelioma were exposed to the hazardous substance at work or while serving in the military. Your attorney can look over your employment history and military records to determine where you were exposed.
A successful mesothelioma lawsuit hinges on establishing the manner and location you were exposed to asbestos. This can be a challenge for some victims, particularly those who were exposed several years prior to the diagnosis of their disease. It can take as long as 50 years before mesothelioma begins to manifest, making it difficult to link 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 listen to the complaints of asbestos defendants that NYCAL's docket has been rigged to favor asbestos plaintiff law firms, such as Weitz & Luxenberg. The judge has been charged with clearing up the mess and restoring trust in the NYCAL system.
Discovery Phase
In a lawsuit, the two sides share information about their respective positions. This is referred to as discovery. It can involve looking over documents and interviewing witnesses under oath. This is known as depositions. The lawyers on both sides will also share reports and testimony of experts regarding safety and medical issues.
Defense lawyers have been known in asbestos litigation to engage experts and consultants who are employed to discredit the plaintiffs' claims. It is vital to have a skilled lawyer on your team in this phase.
Asbestos cases usually involve multiple defendants. There may have been many places where a person was exposed to asbestos, and various companies or manufacturers could be held liable. For example mesothelioma lawsuits could claim that a worker was exposed to asbestos in a factory in one state and an oil refinery in a different and during the construction of a power plant in still another place.
The symptoms of mesothelioma typically show between 10 and 40 years after exposure. In accordance with state laws that treat mesothelioma patients, they may experience between one and five years before the statute of limitation expires. Mesothelioma is a rare cancer. People who are diagnosed with it are compensated for medical costs funeral expenses, as well as other expenses.
A successful mesothelioma lawsuit could also award damages to compensate for pain, suffering and loss of quality of life. A lot of victims and their families have been awarded multimillion-dollar settlements. Some defendants have used bankruptcy to avoid liability for injuries caused by asbestos. Johns-Manville, for example, filed for bankruptcy in 1986. The funds were put into a trust fund that was set up to pay future asbestos claims. However the company continues to manufacture asbestos products.
Settlements
Asbestos victims can receive compensation for medical expenses, lost income and pain and suffering through settlements in lawsuits and jury verdict awards. An attorney for mesothelioma will guide victims through the legal process by filing the necessary paperwork and representing them at court proceedings.
Since the 1920s asbestos-related lawsuits have been filed. However, it wasn't until the 1970s when evidence was gathered that established the connection between asbestos exposure and certain types of cancer. Once the connection was confirmed, asbestos companies began going insolvent and were forced to put aside large trust funds to pay for future lawsuits.
In 1986, these asbestos litigation issues led the Asbestos Claims Facility to be formed. It was set up to centralize the handling of claims and to assist in managing the increasing litigation crisis. However the number of cases that were pending increased and by the turn of the century there was a backlog of thousands of asbestos lawsuits.
The amount mesothelioma patients can expect to receive in the event of an award from a jury or settlement will depend on a variety of factors such as the severity of the disease and the time between exposure and the onset of symptoms. Victims should also think about the impact their condition has on their lives and any impairments that could result from it.
Although some asbestos cases have resulted in huge verdicts by juries, the majority victims choose to settle rather than go to the court. A lawsuit settlement is usually easier to win than a trial. The possibility of an appeal can delay compensation for many years. Settlements in lawsuits also allow the victim to stay away from the stress and trauma that comes with testifying in court.
Trial
Mesothelioma, asbestosis, and other types of asbestos-related diseases can occur years after exposure. It is not uncommon for victims to be stricken for a long period of time before they can bring a lawsuit against the companies that are responsible for their illness. State laws, called statutes-of-limitations allow people between one and three years to file an asbestos lawsuit according to where they reside. Even after these statutes of limitations have expired the victims and their loved ones could be eligible to receive compensation through a lawsuit against the companies who sold them asbestos-related goods or asbestos trust funds that take on the liability for those companies.
In addition to lawsuits filed by individual victims they can also join class actions, which permit them to make a claim on behalf of an entire group of victims with similar asbestos exposure history. However, it is important to remember that joining a class action can limit your rights as a plaintiff and you will not be in a position to negotiate an individual settlement with defendants.
Your lawyer will gather evidence at trial to demonstrate how you were exposed and what specific products containing asbestos caused your illness. This includes identifying asbestos producers and compiling details about their products, and the locations where asbestos was employed. The defendants could try to counter this evidence by claiming that you haven't proved your case. A mesothelioma lawyer can successfully refute these arguments and get the compensation you deserve.
Throughout the litigation process large corporations that exposed victims asbestos have tried to minimize their liability to compensate victims by filing frivolous motions. A skilled mesothelioma lawyer is adept at thwarting these tactics, which are designed to delay your case, so that you will die or become too sick to continue fighting for justice.