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 sites by victims.

An experienced mesothelioma lawyer can assist you in understanding your compensation options. You could be able to receive compensation from the business which manufactured or installed asbestos, or from an asbestos trust fund that was established to pay claims.

How to File a Claim

In the majority of states, patients of mesothelioma or other asbestos illnesses can file a claim for compensation. Attorneys are on hand to assist victims and their families in getting the compensation they deserve. Attorneys and victims must work closely together to build a strong claim. This includes providing medical and employment records and testimony from family members.

In order to obtain compensation the victims and lawyers typically file an action against the businesses who exposed them to asbestos. This includes companies that mined raw asbestos or manufactured asbestos-based products, and employers who failed to protect workers from exposure to asbestos. Family members may also bring a wrongful death lawsuit if a loved one died from an asbestos illness.

The time limit for the filing of a mesothelioma suit can differ by state, but it usually begins when someone is diagnosed with an asbestos-related illness. Consult a mesothelioma attorney immediately to find out about your options 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 history, military service, and mesothelioma diagnoses to pinpoint the time and manner in which they were exposed.

The lawyers will explain to the victim the types of compensation they might be entitled. This could include compensatory damages to meet the financial needs of a patient like medical bills, lost income and ongoing costs associated with treatment. In some instances, patients might be eligible for additional forms of financial assistance like disability insurance or health insurance. In these instances, an attorney can explain the consequences of pursuing these options on the outcome of a lawsuit for mesothelioma.

Case Review

Victims and their families can seek compensation for their losses from asbestos companies via lawsuits. These lawsuits convey that businesses who prioritize profit over safety have to pay for their negligence. Compensation will not 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 for affected family members.

A lawyer who knows the ins and outs of mesothelioma litigation can guide clients through every step of the process. A case review is also known 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 information.

During the examination, your attorney will be in a position to determine the extent to which you were exposed. Many patients diagnosed with mesothelioma were exposed to asbestos-containing material at work or while serving in the military. Your attorney can review your documents of your employment and military records to determine where you were exposed.

A successful mesothelioma suit is contingent on establishing the manner and location you were exposed to asbestos. This can be difficult for some victims, specifically those who were exposed to asbestos several years prior to the diagnosis of their 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 scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to listen to complaints from asbestos defendants regarding the docket of NYCAL being rigged to favor of asbestos plaintiff law firms such as Weitz & Luxenberg. He was charged with clearing up the mess and rebuilding confidence in the NYCAL system.

Discovery Phase

In a lawsuit, both sides share information about their respective positions. This is referred to as discovery. This could involve looking at documents and also interviewing witnesses under oath, known as depositions. Both parties will also share reports and expert testimony on safety and medical concerns.

Defense attorneys have been known in asbestos litigation to engage scientists and consultants who can be employed to discredit the plaintiffs' claims. In this phase of the process, it is important to have an experienced lawyer on your side.

Asbestos cases usually involve multiple defendants. There could have been numerous places where a person was exposed to asbestos, and many different companies or manufacturers could be held liable. A mesothelioma suit might claim that a worker was exposed to asbestos in a workplace, an oil refinery, and a power plant.

The signs of mesothelioma are usually apparent between 10 and 40 years after exposure. Based on the laws of each state those diagnosed with mesothelioma are given between one and five years to submit a claim before the statute of limitations expires. Mesothelioma can be a rare cancer. Those who are diagnosed with it are compensated for medical costs funeral expenses, as well as other expenses.

Additionally, a successful mesothelioma lawsuit may also award compensation for pain and suffering and loss of quality of life. Many victims and their families have received multimillion dollar verdicts. Some defendants have used bankruptcy to avoid the liability for asbestos-related injuries. Johns-Manville, for example, filed for bankruptcy in 1986. The money was put into a trust fund that was set up to cover future asbestos-related 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 lawsuit settlements and jury verdicts. A mesothelioma attorney will guide victims through the legal process, filing the necessary paperwork and representing the client in court.


The lawsuits claiming asbestos exposure and illnesses have been filed since the 1920s, but it was not until the 1970s that evidence built up to confirm the connection between asbestos and certain types of cancers. When the link was confirmed, asbestos companies started going bankrupt. They were also required to establish large trust funds to fund future litigation.

These asbestos litigation issues led to the creation of the Asbestos Claims Facility in 1986, which was designed to centralize handling of the claims and aid in managing the growing litigation crisis. The number of pending asbestos cases increased, and in the 2000s, there was a backlog of thousands of asbestos lawsuits.

The amount mesothelioma sufferers can expect to receive in the event of settlement or a jury award will depend on a variety of factors, including the severity of the disease and the time period between exposure and the onset of symptoms. Federal Way asbestos attorney should also take into account the impact of their illness on their quality of life, and any impairments that result from it.

Although some asbestos cases resulted in substantial verdicts from juries, the majority of victims choose to settle rather than take the case to the court. It is often simpler for the plaintiff to settle a lawsuit than to win a trial, and the potential of appeals could encumbrate the amount of compensation for a long time. A settlement with a lawsuit can help the victim get away from the stress and anxiety of testifying at trial.

Trial

Mesothelioma and asbestosis as well as other types of asbestos-related diseases can develop years after exposure. This means that victims typically have a long time to file lawsuits against companies responsible for their illnesses. State laws, also known as statutes-of-limitations, give people between one and three years to file an asbestos lawsuit subject to the location they reside. Even after the statutes of limitation have expired, victims and their families might still be able to recover compensation by suing companies that sold asbestos-related products to them, or asbestos trust funds which assume liability on behalf of these companies.

As well as filing lawsuits on their own behalf the victims can also participate in group actions. This permits them to file complaints on behalf of other victims who have similar asbestos exposure history. It is important to remember that joining a group action may restrict your rights and you won't be able to negotiate a personal award.

At trial, your lawyer will gather evidence to demonstrate how you were exposed to asbestos and the specific asbestos-containing products that caused your disease. This includes identifying asbestos producers and assembling details about their products, including the places where asbestos was employed. The defendants can try to counter this evidence and claim that you did not demonstrate your case. However, a knowledgeable mesothelioma lawyer will be able to successfully challenge these arguments and secure the compensation you deserve.

Throughout the litigation, major corporations that have exposed asbestos victims have tried to minimize their responsibility to compensate victims by filing claims that are frivolous. A mesothelioma lawyer can be in a position to stop these tactics that are meant to delay your case until you die or become too ill to continue fighting for justice.