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 locations that employed asbestos-containing products.

A knowledgeable mesothelioma lawyer will assist you in understanding your compensation options. You may be able receive compensation from the company that produced or installed asbestos, or from an asbestos trust fund set up to pay for claims.

How to File a Claim

In many states, those suffering of mesothelioma as well as other asbestos illnesses are able to file a claim to be compensated. Attorneys are on hand to assist victims and their family members in obtaining the compensation they deserve. Victims need to work closely with their attorney, supplying information to prove their case, including documents from employment and medical records as well as testimonials from family members.

To obtain compensation, victims and lawyers will typically file a lawsuit against the companies who exposed them to asbestos. This includes companies that mined asbestos raw, manufactured asbestos-based products and even employers that did not protect workers from exposure to asbestos. Families can also bring a lawsuit for wrongful death if their loved ones passed away due to an asbestos-related disease.

The time period for the filing of a mesothelioma suit can vary by state, but generally begins when someone is diagnosed with an asbestos-related illness. Consult a mesothelioma attorney as soon as possible to learn more about your options to receive compensation.

In a mesothelioma consultation for free attorneys will go over the details of the case and decide whether it is worth investigating. They will ask the patient about their work history, military service, and mesothelioma diagnosis to determine the time and manner in which they were exposed.

Lawyers will explain the various types of compensation that a victim could be entitled to. This could include compensatory damages to meet financial needs such as medical bills and income loss. In some instances, patients might be eligible for additional forms of financial assistance like disability or health insurance. In these cases an attorney will explain the impact of pursuing these options on the outcome of a lawsuit for mesothelioma.

Case Review

Lawsuits against asbestos companies are a way for the victims and their families to seek compensation for the losses they suffered. These lawsuits send a message that those who place profits over safety must pay for their mistakes. Compensation cannot bring back health or a loved one, but it can provide treatment that extends life and provide financial security to affected family members.

A lawyer who understands the ins-and-outs of mesothelioma lawsuits can guide clients through every step of the process. One of the most crucial steps is a case review which is also referred to as a case evaluation. This is a chance 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 how you were exposed. Many patients diagnosed with mesothelioma were exposed to the dangerous 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 source of your exposure.

In order to win a mesothelioma case, you must be able to prove where and how you were exposed. This can be difficult for some victims, especially those whose exposure occurred several years prior to the diagnosis of their illness. Mesothelioma symptoms can take 20 to 50 years to manifest which makes it 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 who claim that NYCAL's docket has been manipulative to favor asbestos plaintiff law firms, such as Weitz & Luxenberg. He has been given the task of clearing up the mess and restoring confidence in the NYCAL system.

Discovery Phase

In a lawsuit, both sides discuss their positions in the case. This is known as discovery. It can involve looking over documents and interviewing witnesses under oath. This is known as depositions. Both sides will also exchange information and testimony from experts on medical and safety concerns.

Defense lawyers have been infamous in asbestos litigation to engage scientists and consultants who can be employed to discredit plaintiffs' claims. It is vital to have a skilled lawyer on your side during this phase.

Asbestos cases typically involve multiple defendants. It could be at many different places that an individual was exposed. Many different companies or manufacturers can be held accountable. A mesothelioma lawsuit could claim that a worker had been exposed to asbestos in a manufacturing facility, an oil refinery, and even a power plant.

The symptoms of mesothelioma typically show between 10 and 40 years after exposure. According to the laws of each state patients diagnosed with mesothelioma are given between one and five years to file an application before the statute of limitations expires. Those diagnosed with the rare cancer known as mesothelioma are usually compensated to cover medical expenses, funeral costs and other expenses.

A successful mesothelioma lawsuit could also award damages to compensate for pain, suffering and loss in quality of life. Many victims and their families have received multimillion dollar verdicts. However, some defendants have used bankruptcy to avoid liability for asbestos-related injuries. Johns-Manville, for example has filed for bankruptcy in 1986. The money was put into a trust fund that was set up to pay for future asbestos claims. However, the company has continued to manufacture asbestos-related products.

Settlements

Asbestos victims can receive compensation 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, filing the proper paperwork and representing them in court.

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. As soon as the link was confirmed, asbestos companies began to go under. They were also forced to establish trust funds in order to pay for future litigation.

In 1986, asbestos-related litigation issues prompted the Asbestos Claims Facility to be formed. It was set up to coordinate the handling of claims as well as to help manage the growing litigation issues. However the number of pending cases continued to increase and by the time of the 2000s, there was a backlog of tens of thousands of asbestos lawsuits.

The dollar amount a mesothelioma victim can expect to receive from a settlement in a lawsuit or jury award is contingent upon several factors, including the severity of the disease and the time between the exposure and first signs of symptoms showing. Victims should be aware of the impact of their condition on their quality of life and any impairments resulting from the illness.

While some asbestos cases ended in substantial verdicts by juries, the majority victims settle their cases rather than take the case to the court. It is typically simpler for the plaintiff to settle a lawsuit than to win a trial, and the possibility of appeals could encumbrate compensation for a number of years. Settlements in lawsuits also allow the victim to avoid stress and trauma of having to testify during trial.

Trial

After exposure, mesothelioma, asbestosis and other asbestos-related diseases may develop. It is not unusual for asbestos-related victims to be stricken for a long period of time before they are able to bring a lawsuit against the companies that are responsible for their affliction. Statutes of limitations, as they are known in the state allow people between one and three years to file a lawsuit against asbestos according to where they reside. Even after the statutes of limitation have expired, victims and their families could still be able to recover compensation by suing companies who sold asbestos-related products or asbestos trust funds, which assume liability on behalf of these companies.

As well as filing Birmingham asbestos lawyer on behalf of themselves, victims can also join group actions. This permits them to make a complaint on behalf of other victims who have similar asbestos exposure experiences. It is important to keep in mind that joining a group 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 show how you were exposed to asbestos and which specific asbestos-containing products caused your illness. This includes the identification of asbestos producers as well as assembling details about their products, and the locations where asbestos was employed. The defendants may attempt to contest this evidence and claim that you didn't demonstrate your case. A mesothelioma lawyer will be able to argue against these arguments and secure the compensation you deserve.

In the course of litigation, big corporations who exposed asbestos victims have attempted to reduce their obligation to compensate victims by filing claims that are frivolous. A mesothelioma lawyer is capable of securing the victory against these tactics that are meant to delay your case until you pass away or become too sick to fight for justice.