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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 numerous locations by victims. A knowledgeable mesothelioma lawyer will assist you in understanding the options for compensation. 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 for claims. How to File a Claim In the majority of states, patients of mesothelioma or other asbestos illnesses are able to file a claim to receive compensation. The process is complex however, attorneys are readily available to assist victims and their families receive the money they need. Victims need to work closely with their attorney, providing details to build a strong case, such as employment and medical records, as well as testimonies from family members. When seeking compensation victims and their attorneys will typically pursue a lawsuit against businesses who exposed them to asbestos. This includes companies that mined asbestos raw as well as those that manufactured asbestos-based products. employers who did not protect workers from exposure. Families may also sue for wrongful death if a loved one died of an asbestos-related illness. The time period for filing a mesothelioma lawsuit may vary by state, but it usually begins when someone is diagnosed with an asbestos-related condition. Consult a mesothelioma attorney as soon as possible to learn more what options you have for compensation. Attorneys will go over the case's details and decide whether it is worth investigating in a no-cost consultation. They will ask about the person's employment history, military service, and mesothelioma diagnosis to pinpoint how and when the person was exposed. Lawyers will then go over the different types of compensation a victim may be entitled to. This could include compensatory damages to cover the financial needs of a patient like medical bills, lost income and ongoing costs associated with treatment. In certain cases, patients can receive additional financial assistance in the form of disability or health insurance. In these instances, an attorney can help explain the consequences of pursuing these options on the outcome of a claim for mesothelioma. Case Review Lawsuits against asbestos-related companies are a way for the victims and their families to seek financial compensation for their losses. These lawsuits send the message that businesses that put profit before safety should be held accountable for their negligence. While compensation can't restore health or bring back the life of a loved one but it can to pay for life-extending treatments and provide financial security to the family members affected. A lawyer who knows the ins and outs of mesothelioma lawsuits will be able to guide clients through each step of the process. A case review is also known as an “case evaluation”. This is an opportunity for you and your mesothelioma attorney to meet in person or on the phone and go over your exposure background. During the examination the attorney will be able to determine the extent to which you were exposed asbestos. Many people who have been diagnosed with asbestosis were exposed to the hazardous substance while working or in the military. Your attorney can review your employment history and military service records to determine the cause of your exposure. To succeed in a mesothelioma claim, you must show where and how you were exposed. It is not easy for patients to prove their exposure to asbestos, especially if it occurred long before they were diagnosed with the illness. It can take as long as 50 years before mesothelioma begins to manifest, making it difficult to establish a link between asbestos exposure to the disease. In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held a town hall to listen to complaints from asbestos defendants about the docket of NYCAL being rigged in favor asbestos plaintiff law firms such as Weitz & Luxenberg. The judge is charged with clearing up the mess and rebuilding trust in the NYCAL system. Discovery Phase In a lawsuit, both sides exchange information about their positions in the case. This is referred to as discovery. It can involve looking over documents and also speaking with witnesses under oath. This is known as depositions. The lawyers on both sides will also discuss reports and testimony of experts regarding safety and medical issues. Defense attorneys have been known in asbestos litigation to employ scientists and consultants who can be employed to discredit the plaintiffs claims. It is crucial to have a seasoned lawyer on your team during this stage. Asbestos cases often involve many defendants. There could have been a variety of locations where an individual was exposed to asbestos and many different companies or manufacturers could be held liable. For instance, a mesothelioma lawsuit might allege that a worker was exposed to asbestos in a factory in one state and an oil refinery in another and during the construction of an electric power plant in another place. The symptoms of mesothelioma typically show between 10 and forty years after exposure. In Yorba Linda asbestos attorneys with state laws, those diagnosed with mesothelioma may have between one and five years before the time limit expires. Mesothelioma can be a rare cancer. Patients diagnosed with it receive compensation for medical costs, funeral expenses and other expenses. A successful mesothelioma lawsuit can also award damages to pay for pain, suffering and loss in quality of life. Many victims and their families have received multimillion-dollar verdicts. Some defendants have used 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 continues to manufacture asbestos-related products. Settlements Through settlements of lawsuits and jury verdicts, asbestos victims are entitled to compensation for medical expenses, lost income, and pain and suffering. A knowledgeable mesothelioma lawyer will assist the victim through the legal process, submitting the proper paperwork and representing the victim in court proceedings. Lawsuits alleging asbestos exposure and diseases have been filed since the 1920s, but it wasn't until the 1970s when evidence built up to confirm the connection between asbestos and certain kinds of cancers. Once the link was confirmed, asbestos companies began to go under. They were also forced to set up large trust funds to fund future litigation. In 1986, asbestos-related litigation issues prompted the Asbestos Claims Facility to be established. It was established to coordinate the handling of claims and assist in managing the increasing litigation issues. The number of pending asbestos cases increased and in the early 2000s, there was a backlog involving thousands of asbestos lawsuits. The dollar amount a mesothelioma victim could expect to receive from a lawsuit settlement or jury award depends on various factors, including the severity of the condition and the length of time between exposure and first signs showing. Victims should also think about the impact their condition has on their lives and any impairments that might result. While some asbestos cases ended in large verdicts from juries, the majority of victims prefer to settle rather than go to court. A settlement in a lawsuit is typically easier to win than a trial. It is also possible that an appeal can delay compensation for years. Also, a lawsuit settlement allows the victim to get away from the stress and anxiety of testifying in court. Trial Mesothelioma and asbestosis as well as other types of asbestos-related illnesses can manifest years after exposure. The result is that patients often have long periods of time to file lawsuits against companies responsible for their ailments. Statutes of limitations, as they are known in the state provide people with between one and three years to file a lawsuit against asbestos depending on where they live. Even after the statutes of limitations have expired, victims and their families may still be able to obtain compensation by suing companies who sold asbestos-related products to them, or asbestos trust funds that accept liability on behalf of these companies. In addition to lawsuits brought by victims on their own they can also join class actions that allow them to make a claim on behalf of an entire group of victims with similar asbestos exposure experiences. It is crucial to keep in mind that joining a class action could limit your rights and you won't be able to negotiate a personal award. In the course of trial the lawyer will gather evidence to show how you were exposed and which specific asbestos-containing products caused your disease. This includes identifying asbestos producers and compiling information on their products including the places where asbestos was used. The defendants could try to counter this evidence and claim that you haven't proved your case. However, a skilled mesothelioma attorney can successfully rebut these arguments and help you get the amount you deserve. Through the process of litigation large corporations that exposed victims to asbestos have tried to minimize their liability to compensate victims through filing frivolous motions. A skilled mesothelioma lawyer is adept at securing the victory against these tactics that are designed to delay your case until that you will die or become too sick to continue fighting for justice.