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How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is due to asbestos-containing products were used at many sites by victims. A mesothelioma attorney can help you understand the compensation options that are available to you. You may be eligible for compensation from the company that produced or installed asbestos or from an asbestos trust that was established to settle claims. How to File a Claim In most states, victims of mesothelioma or other asbestos-related diseases are able to file a claim to receive compensation. The process can be complicated however, lawyers are there to assist families of victims get the money they deserve. The attorneys and the victims must work together to create a solid claim. This includes providing employment and medical records as well as testimony from family members. When pursuing compensation the victims and their lawyers typically file a lawsuit against companies that exposed them to asbestos. This includes companies that mined asbestos, manufactured products containing asbestos, or employers who did not safeguard their workers from exposure to asbestos. Families can also sue for wrongful death if their loved one died of an asbestos-related disease. The statute of limitation for filing a lawsuit against mesothelioma can differ from state to state but generally begins when a person is diagnosed with a disease that is linked to asbestos. It is recommended that people consult an expert mesothelioma lawyer as quickly as possible to understand the options available to seek compensation. At a no-cost mesothelioma consult, 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 diagnosis to pinpoint how and when the patient was exposed. Lawyers will explain the various forms of compensation a victim might be entitled to. This could include compensatory damages to meet financial requirements like medical bills and income loss. In some instances, patients may also receive financial aid in the form of disability or health insurance. In these instances, an attorney will explain the consequences of pursuing these options on the outcome of a case for mesothelioma. Case Review Family members and victims of asbestos exposure can seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits communicate that businesses that put profit before safety should be held accountable for their negligence. Compensation is not able to bring back health or a loved one but it can provide treatment that extends life and provide financial security to the family members affected by the illness. A lawyer who is knowledgeable about the ins-and-outs of mesothelioma lawsuits can guide clients through each step of the process. A case review is also known as a “case evaluation”. This is a chance for you and your attorney to discuss your exposure history in person or via the phone. During the examination the attorney will be able to assess how you were exposed to asbestos. Many people diagnosed with asbestosis were exposed dangerous material while at work or in the military. Your attorney can look over your documents of your employment and military records to determine how you were exposed. To win a mesothelioma case, you must be able to prove where and how you were exposed. It is not easy for patients to prove their exposure to asbestos, especially if it occurred several years before they were diagnosed with the illness. Mesothelioma symptoms can take anywhere from 20 to 50 years to manifest, making it challenging to determine the connection between exposure and 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 modified to favor asbestos plaintiff law firms like Weitz & Luxenberg. He's charged with cleaning up the mess and restore confidence in the NYCAL system. Discovery Phase In a lawsuit the parties discuss their positions in the case. This is referred to as discovery. This could involve looking at documents and interviewing witnesses under oath, known 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 engage experts and consultants who are employed to discredit plaintiffs' claims. It is vital to have a competent lawyer on your team in this phase. Asbestos lawsuits typically involve a variety of defendants. It may have been at a variety of locations that a person was exposed. Several different companies or manufacturers can be held responsible. For instance mesothelioma lawsuits could claim that a worker had been exposed to asbestos in a factory in one location or an oil refinery in another and during the construction of an electric power plant in another area. The signs of mesothelioma are usually apparent between 10 and 40 years after exposure. Based on the laws of each state patients diagnosed with mesothelioma will have between one and five years to file a claim before the time limit expires. People diagnosed with the rare cancer known as mesothelioma usually receive compensation to cover medical bills funeral costs, as well as other expenses. Additionally to that, a mesothelioma lawsuit that is successful can also award damages for pain and suffering as well as loss of quality of life. Many victims and their family members have received multimillion-dollar verdicts. However, some defendants have used bankruptcy to avoid liability for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986 and deposited money into a trust fund to pay future asbestos claims, but continued to manufacture asbestos-related products. Settlements Through settlements of lawsuits and verdicts by juries, asbestos patients can be awarded compensation for medical expenses, lost income, and suffering. An attorney for mesothelioma will guide patients through the legal process by filing the required paperwork and defending the client in court. The lawsuits claiming asbestos exposure and illnesses have been filed from the 1920s onward, but it was not until the 1970s that evidence was built up to confirm the connection between asbestos and certain kinds of cancers. Once the connection was established, asbestos companies began going bankrupt 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. Sioux City asbestos lawyers was created to centralize the handling of claims and assist in managing the increasing litigation crisis. However, the number of cases pending continued to rise and by the turn of the century there was a backlog of over a thousand of asbestos lawsuits. The dollar amount a mesothelioma victim is likely to receive from a lawsuit settlement or jury award is contingent upon many factors, such as the severity of the illness and the length of time between exposure and first signs manifesting. Victims must also consider the impact their illness has on their quality of life as well as any impairments that might result. While some asbestos cases have resulted in large jury verdicts the majority of asbestos victims choose to settle for an agreement instead of going to trial. It is often simpler for the plaintiff to settle a lawsuit than to win at trial, and the potential of appeals could encumbrate the amount of compensation for a long time. A settlement with a lawsuit lets the victim stay clear of the stress and trauma of testifying at trial. Trial Mesothelioma, asbestosis, and other types of asbestos-related illnesses can manifest years after exposure. It is not unusual for asbestos-related victims to be stricken for a long period of time before they are able to file a lawsuit against the companies that are responsible for their affliction. Statutes of limitations, as they are known in the state provide people with between one and three years to file an asbestos lawsuit subject to the location they reside. Even after these statutes of limitation expire the victims and their families may be able to recover compensation through a lawsuit against companies that sold them asbestos-related products or asbestos trust funds that assume liability for the companies. In addition to lawsuits filed by victims on their own, victims can join class actions, which permit 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 an individual plaintiff. Additionally, you won't be able to negotiate a personal award with defendants. Your lawyer will gather evidence during trial to demonstrate how you were exposed, and what specific products containing asbestos contributed to your condition. This includes identifying asbestos producers and compiling information about their products, including the places where asbestos was employed. The defendants may attempt to contest this evidence, arguing that you did not demonstrate your case. However, a knowledgeable mesothelioma attorney can successfully rebut these arguments and help you get the amount you deserve. Throughout the litigation process large corporations that exposed victims asbestos have tried to minimize their responsibility to compensate victims by filing frivolous motions. A knowledgeable mesothelioma lawyer is adept at securing victory over these tactics that are designed to delay your case so that you will die or become too sick to continue fighting for justice.