How to File an Asbestos Lawsuit

Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because asbestos-containing products were used in numerous locations by victims.

An experienced mesothelioma lawyer can help you understand your compensation options. You could be able to get compensation from the company which manufactured or installed asbestos or from an asbestos trust fund set up to pay claims.

How to File a Claim

In many states, those suffering of mesothelioma or other asbestos illnesses can file a legal claim to receive compensation. Attorneys are on hand to assist victims and their family members in getting the compensation they deserve. Victims must work closely their attorney, providing details to build a strong case, such as employment and medical records, and also testimonies from family members.

In order to obtain compensation the victims and lawyers usually file a lawsuit against the company who exposed them to asbestos. This includes companies that extracted asbestos, made products containing asbestos, or employers who did not protect their employees from exposure. Family members can also make a claim for wrongful death in the event that a loved one has died from an asbestos-related illness.


The statute of limitations for filing a mesothelioma lawsuit can vary by state, but it usually begins as soon as someone is diagnosed with an asbestos-related disease. Individuals should speak with an expert mesothelioma lawyer in the earliest time as possible to understand the options available to seek compensation.

During a free mesothelioma consultation attorneys will go over the specifics of the case to determine whether it is worth investigating. They will inquire about their employment history, military service, and mesothelioma-related diagnoses to determine when and how they were exposed.

The lawyers will explain to the victim what kinds of compensation they might be entitled. This could include compensatory damages that cover the financial requirements of a patient, such as medical bills as well as lost income and ongoing costs associated with treatment. In some instances, patients may be able to obtain additional forms of financial aid like disability or health insurance. In these instances, an attorney can explain how seeking these options might affect the outcome of a mesothelioma claim.

Case Review

Lawsuits against asbestos-related companies are a way for the victims and their families to seek compensation for their losses. These lawsuits send the message that businesses that put profit over safety have to pay for their negligence. While compensation cannot bring back health or restore a loved one but it can to pay for life-extending treatments and provide financial security for families affected by the illness.

A lawyer who understands the ins-and-outs of mesothelioma lawsuits can help clients through each step of the process. A case review is also known as an "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 examination your attorney will be able assess how you were exposed to asbestos. Many patients diagnosed with mesothelioma were exposed to asbestos-containing material at work or while serving in the military. Your attorney can review your employment history and military records to determine how you were exposed.

A successful mesothelioma lawsuit is based on establishing the manner and location you were exposed to asbestos. It isn't easy for mesothelioma victims to prove that they were exposed to asbestos in particular if it occurred many years before they were diagnosed with the disease. It can take as long as 50 years for mesothelioma to manifest, making it difficult to connect asbestos exposure to the disease.

In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held a town hall to hear complaints from asbestos defendants regarding the docket of NYCAL being rigged in favor of asbestos plaintiff law firms like Weitz & Luxenberg. He was charged with cleaning up the mess and restoring trust in the NYCAL system.

Discovery Phase

In a lawsuit, both sides exchange information on their respective positions. This is known as discovery. Depositions may involve examining documents as well as examining witnesses under oath. Both parties will also share information and testimony from experts regarding safety and medical issues.

Defense lawyers have been known to engage scientists and consultants who are employed to discredit plaintiffs claims. It is essential to have a competent lawyer on your side during this phase.

Asbestos cases often involve many defendants. It may have been in a variety of places that a person was exposed. A variety of different companies or manufacturers can be held responsible. For instance mesothelioma lawsuits may claim that a worker was exposed to asbestos at an industrial facility in one state, an oil refinery in another, and during the construction of an energy plant in another place.

Mesothelioma symptoms typically manifest between 10 and 40 years after exposure. Based on the laws of each state, individuals diagnosed with mesothelioma have between one and five years to submit an action before the time limit expires. People diagnosed with the rare cancer that is mesothelioma are usually compensated to pay for medical bills funeral costs, and other expenses.

A successful mesothelioma lawsuit can also award damages to pay for pain, suffering and loss in quality of life. A lot of victims and their families have been awarded multimillion-dollar settlements. Some defendants have utilized bankruptcy to avoid liability for asbestos-related injuries. Johns-Manville, for example, filed for bankruptcy in 1986. The money was placed into a trust fund that was set up to pay for future asbestos claims. However the company has continued to manufacture asbestos products.

Settlements

Asbestos victims can receive compensation for medical expenses, lost income, and suffering as a result of settlements for lawsuits and jury verdicts. A mesothelioma lawyer will guide victims through the legal process by filing the necessary paperwork and representing them in court proceedings.

The lawsuits claiming asbestos exposure and illnesses have been filed since the 1920s, however it was not until the 1970s that evidence was built up to confirm the connection between asbestos and certain kinds of cancers. After the connection was established asbestos-related companies began to go bankrupt and were forced to put aside large trust funds to cover future lawsuits.

In 1986, these asbestos-related litigation issues prompted the Asbestos Claims Facility to be established. It was established to coordinate the handling of claims and to assist in managing the increasing litigation crises. However the number of cases that were pending continued to rise and by the time of the 2000s there was a backlog of tens of thousands of asbestos lawsuits.

The amount a mesothelioma patient is likely to receive in the event of settlement or a jury award depends on a number of factors such as the severity of the disease as well as the time period between exposure and the beginning of symptoms. Victims should also think about the impact their condition has on their quality of life as well as any impairments that might result.

While asbestos cases have resulted in large jury verdicts the majority of asbestos victims choose to settle for a settlement rather than proceeding to trial. A settlement agreement is generally easier to win than a trial. And the possibility of an appeal can delay compensation for a long time. A settlement in a lawsuit also allows the victim to avoid the stress and trauma from testifying at trial.

Trial

Mesothelioma and asbestosis as well as other asbestos-related diseases can develop years after exposure. Huntsville asbestos lawsuit means that victims typically have an extended time frame to file lawsuits against the companies that caused their illness. State laws, also known as statutes of limitations typically allow victims between one and three years from diagnosis or discovery to file an asbestos lawsuit depending on their place of residence. Even after these statutes of limitation have passed the victims and their loved ones may be able to recover compensation through a lawsuit against businesses who sold them asbestos-related goods or asbestos trust funds that assume liability for those companies.

In addition to lawsuits filed by individuals and their families, victims are able to join class actions, which permit them to file a claim on behalf of groups of 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 the lawyer will gather evidence to demonstrate how you were exposed to asbestos and the asbestos-containing products that caused your disease. This involves identifying asbestos producers and compiling information about their products, including the locations in which asbestos was employed. Defendants might try to contest this evidence by claiming that you've not proved your case. However, a knowledgeable mesothelioma attorney can successfully rebut these arguments and help you get the amount you deserve.

In the course of litigation, big corporations that have exposed asbestos victims have attempted to minimize their responsibility to compensate victims through filing claims that are frivolous. A mesothelioma attorney is able to thwart these tactics, which are designed to delay your case until you pass away or become too sick to fight for justice.