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 at numerous sites by victims.
Flint asbestos lawyers can help you understand the options for compensation available to you. You could be able to get compensation from the company that manufactured or installed asbestos or from an asbestos trust fund established to settle claims.
Making a Claim
In many states, mesothelioma sufferers as well as those with other asbestos-related illnesses are able to submit claims for compensation. Attorneys are available to aid victims and their families in obtaining the compensation they deserve. Victims and their attorneys must work closely together to construct a strong claim. This includes providing employment and medical records and testimony from family members.
When seeking compensation victims and their attorneys usually file a lawsuit against companies that exposed them. This includes companies that mined asbestos raw or manufactured asbestos-based products, and even employers that did not protect workers from exposure to asbestos. Family members may also file a wrongful death suit if a loved one died from an asbestos illness.
The statute of limitation for filing a lawsuit against mesothelioma can vary from state to state but generally starts when a person is diagnosed with a disease related to asbestos. Contact a mesothelioma lawyer immediately to learn more about your options to receive compensation.
During a free mesothelioma consultation attorneys will discuss the details of the case to determine whether it's worth the effort. They will inquire about the patient's job background, military service and mesothelioma diagnoses to determine how and when the patient was exposed.
The lawyers will then explain to the victim the types of compensation they might be entitled to. This can include compensatory damage to pay for the patient's financial needs such as medical expenses and income loss. In certain cases, patients may be eligible to receive additional forms of financial assistance such as disability or health insurance. In these cases an attorney can help explain the impact of pursuing these options on the outcome of a case for mesothelioma.
Case Review
Families of victims can seek financial compensation from asbestos-related companies through lawsuits. These lawsuits convey that companies who put profits over safety must pay for their negligence. Compensation cannot bring back health or a loved one, but it can provide treatment that prolongs life and provide financial security for affected family members.
A lawyer who knows the ins-and-outs of mesothelioma lawsuits will be able to guide clients through each step of the procedure. A case review is also referred to as a "case evaluation". This is a chance for you and your mesothelioma lawyer to meet in person or over the phone and discuss your exposure information.
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 hazardous substance at work or while serving in the military. Your attorney can review your employment history and military service documents to determine the cause of your exposure.
To win a mesothelioma case, you must be able to establish the location and method by which you were exposed. It isn't easy for mesothelioma victims to prove their asbestos exposure in particular if it occurred long before they were diagnosed with the illness. It can take up to 50 years for mesothelioma symptoms to develop, making it difficult to link asbestos exposure to the disease.
In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton hosted a town hall to hear complaints by asbestos defendants on the docket of NYCAL being rigged to favor of asbestos plaintiff law firms such as Weitz & Luxenberg. The judge has been given the responsibility of cleaning up the mess and rebuilding confidence in the NYCAL system.
Discovery Phase
In a lawsuit, the two sides exchange information about their respective positions. This is referred to as discovery. It can involve looking over documents and also interviewing witnesses under oath, referred to as depositions. The lawyers for both sides will also share reports and testimony of experts regarding safety and medical issues.
Defense attorneys have been known in asbestos litigation to employ consultants and scientists who are employed to discredit the plaintiffs claims. In this phase of the process, it is crucial to have a skilled lawyer on your side.
Asbestos cases often involve many defendants. There could have been a variety of locations where a person was exposed to asbestos, and several different manufacturers or companies could be held accountable. A mesothelioma lawsuit could claim that a worker was exposed to asbestos in a manufacturing facility, an oil refinery, and a power plant.
Mesothelioma symptoms typically develop between 10 to 40 years after exposure. Based on the laws of each state those diagnosed with mesothelioma are given between one and five years to make an application before the statute of limitations expires. Patients diagnosed with the rare cancer known as mesothelioma usually receive compensation to cover medical bills funeral costs, as well as other expenses.
In addition, a successful mesothelioma lawsuit may also award damages for pain and suffering and loss of quality of life. Many victims and their families have been awarded multimillion-dollar settlements. Some defendants have used bankruptcy as a way to avoid liability for injuries caused by asbestos. For instance, Johns-Manville filed for bankruptcy in 1986, and then put the money into a trust fund to pay future asbestos claims but has continued to manufacture asbestos products.
Settlements
Asbestos victims can be compensated for medical expenses, lost income, and suffering through settlements for lawsuits and jury verdicts. A mesothelioma attorney will guide victims through the legal process by submitting the required paperwork and defending the client in court.
The lawsuits claiming asbestos exposure and illness have been filed from the 1920s onward, but it was not until the 1970s that evidence was accumulated confirming the link between asbestos and certain kinds of cancers. Once the connection was established asbestos companies began going into bankruptcy and were required to put aside large trust funds to pay for future lawsuits.
These asbestos litigation issues led to the formation of the Asbestos Claims Facility in 1986, which was designed to centralize the handling of claims and aid in managing the ever-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 a mesothelioma patient could expect to receive from a settlement in a lawsuit or jury award depends on many factors, such as the severity of the disease and the time between exposure and the first symptoms manifesting. Victims should be aware of the impact of their illness on their quality of life and any impairments resulting from the illness.
Although some asbestos cases have resulted in large verdicts by juries, the majority victims choose to settle rather than go to the court. A settlement in a lawsuit is typically more likely to be won than a trial. The possibility of an appeal could delay compensation for many years. Settlements in lawsuits also allow the victim to avoid stress and trauma of having to testify at trial.
Trial
Mesothelioma and asbestosis as well as other 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 sue the companies responsible for their illness. State laws called statutes of limitations typically give victims between one and three years from diagnosis or discovery to start a lawsuit against asbestos depending on where they live. Even after the statutes of limitation have expired, victims and their families may still be able to obtain compensation by suing companies that sold asbestos-related products to them, or asbestos trust funds which assume liability on behalf of these companies.
In addition to lawsuits brought by individual victims, victims can join class actions that allow them to file a claim on behalf of a group of victims with similar asbestos exposure history. However, it is important to keep in mind that joining a class action can limit your rights as a plaintiff. Additionally, you won't be capable of negotiating a personal award with defendants.
At trial your lawyer will collect evidence to prove how you were exposed and the asbestos-containing products that caused your disease. This includes the identification of asbestos producers as well as assembling information about their products, including the locations in which asbestos was employed. Defendants may try to challenge this evidence and claim that you didn't establish your case. However, a skilled mesothelioma lawyer can successfully counter these arguments and secure the compensation you are entitled to.
In the course of litigation, big companies that exposed asbestos victims have attempted to reduce their obligation to compensate victims through filing frivolous claims. A mesothelioma lawyer who is skilled is adept at securing the victory against these strategies that are designed to delay your case so that you will be unable to live or get sick to continue fighting for justice.