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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 lawyer can help you understand the compensation options that are available to you. You could be eligible for compensation from the company that constructed or installed asbestos, or from an asbestos trust that was established to settle claims. Filing a Claim In most states, mesothelioma patients and those suffering from other asbestos-related illnesses are able to file claims for compensation. Attorneys are available to aid victims and their families in getting the compensation they deserve. Attorneys and victims must work closely together to create a solid claim. This includes providing medical and employment records as well as evidence from family members. To obtain compensation, victims and lawyers will typically bring an action against the businesses that exposed them to asbestos. This includes companies that mined asbestos, manufactured products that contain asbestos, and even employers who did not safeguard their workers from exposure to asbestos. 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 the filing of a mesothelioma suit can vary from state to state, but it usually begins when someone is diagnosed with an asbestos-related illness. Individuals should speak with an expert mesothelioma lawyer as quickly as possible to learn about the options for pursuing compensation. During a free mesothelioma consultation attorneys will go over the details of the case to determine whether it is worth investigating. They will inquire about the patient's work background, military service and mesothelioma diagnoses to determine how and when the person was exposed. The lawyers will then explain to the victim what types of compensation they could be entitled to. This can include compensatory damage to cover the patient's financial requirements such as medical expenses and income loss. In Fort Wayne asbestos attorney , victims may be able to obtain additional financial aid like disability or health insurance. In these cases an attorney can help explain how seeking these options can affect the outcome of a mesothelioma case. Case Review Families of victims can seek financial compensation from asbestos companies via lawsuits. These lawsuits send a message that companies who put profits over safety should be held accountable for their negligence. Compensation is not able to bring back health or a loved one but it can pay for treatment that extends life and provide financial security to the family members affected by the illness. A lawyer who is knowledgeable about the mesothelioma's ins and outs of litigation can help clients navigate each step of the process. A case review is also known as an “case evaluation”. This is an opportunity for you and your attorney to discuss your exposure history in person or via the phone. During the examination your attorney will be able to determine the extent to which you were exposed asbestos. Many people diagnosed with mesothelioma were exposed to the dangerous substance at work or while serving in the military. Your attorney can review your documents of your employment and military records to determine the place you were exposed. A successful mesothelioma suit is contingent on establishing how and where you were exposed to asbestos. It isn't easy for mesothelioma victims to prove their exposure to asbestos particularly if it happened several years before they were diagnosed with the illness. It can take up to 50 years before mesothelioma begins to develop, making it difficult to establish a link between asbestos exposure to the 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 that NYCAL's docket has been rigged to favor asbestos plaintiff law firms, such as Weitz & Luxenberg. He's been tasked with cleaning up the mess and rebuilding confidence in the NYCAL system. Discovery Phase In a lawsuit, both sides exchange information on their respective positions. This is known as discovery. Depositions can involve looking over documents as well as interviewing witnesses under the oath. Both sides will also exchange reports and expert testimony on medical and safety concerns. Defendants in asbestos litigation have been known to employ consultants and scientists who can be manipulated by defense attorneys to discredit plaintiffs' claims. It is essential to have a competent lawyer on your team during this stage. Asbestos lawsuits typically involve a variety of defendants. There may have been many locations where an individual was exposed to asbestos, and various companies or manufacturers could be held liable. For example mesothelioma lawsuits could claim that a worker was exposed to asbestos at a factory in one location or an oil refinery in another and during the construction of a power plant in still another location. The symptoms of mesothelioma typically show between 10 and forty years after exposure. Based on the laws of each state patients diagnosed with mesothelioma are given between one and five years to file a claim before the statute of limitations expires. Mesothelioma is a rare cancer. People who are diagnosed with it receive compensation for medical costs funeral expenses, and other expenses. Additionally an effective mesothelioma suit may also award compensation for pain and suffering and loss of quality of life. Many families of victims have been awarded multimillion-dollar settlements. However certain defendants have used bankruptcy to avoid responsibility for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986 and deposited money into a trust to pay out future asbestos claims but has continued to produce asbestos products. Settlements Asbestos patients can claim compensation for medical expenses, lost income, and suffering as a result of lawsuit settlements and jury verdicts. A mesothelioma lawyer who is knowledgeable will assist the victim through the legal process, including the appropriate paperwork and defending them in court. Since the 1920s asbestos-related lawsuits were filed. However, it wasn't until the 1970s that evidence was discovered that established the connection between asbestos exposure and certain types of cancer. Once the link was discovered, asbestos-related companies started going bankrupt. They were also forced to establish large trust funds to pay for future litigation. These asbestos litigation issues led to the establishment of the Asbestos Claims Facility in 1986 that was created to centralize handling of the 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 involving thousands of asbestos lawsuits. The amount mesothelioma patients could expect to receive in the event of an award from a jury or settlement depends on a number of factors, including the severity of the disease and the time between the exposure and the onset of symptoms. Victims must also take into account the impact of their illness on the quality of their life, and any impairments that result from it. Although some asbestos cases have resulted in large jury verdicts the majority of asbestos victims choose to settle for a settlement rather than going to trial. A lawsuit settlement is usually more likely to be won than a trial. And the possibility of an appeal could delay compensation for years. Settlements in lawsuits also allow the victim to stay away from the stress and trauma of having to testify in court. Trial Mesothelioma, asbestosis and other asbestos-related illnesses can manifest years after exposure. It is not uncommon for patients to have a long period of time before they can sue the companies that are responsible for their illness. State laws, called statutes-of-limitations allow people between one and three years to file an asbestos lawsuit depending on where they live. Even after the statutes of limitations have expired, victims and their families might still be able to recover compensation from companies that sold asbestos-related products to them, or asbestos trust funds, which take on the responsibility of those companies. In addition to lawsuits brought by individuals and their families, victims are able to join class actions that permit them to make a claim on behalf of groups of victims who have similar asbestos exposure history. It is important to keep in mind that joining a class action may limit your rights and you will not be able to negotiate a personal award. Your lawyer will collect evidence at trial to demonstrate the extent to which you were exposed and which products that contain asbestos caused your illness. This includes identifying asbestos producers and compiling information about their products, including the places where asbestos was used. Defendants may try to challenge this evidence and argue that you didn't demonstrate your case. A mesothelioma lawyer can successfully argue against these arguments and secure the compensation you are entitled to. In the course of litigation, large corporations that exposed victims to asbestos have tried to minimize their obligation to compensate victims by filing frivolous motions. A mesothelioma attorney is in a position to stop these tactics, which are designed to delay your case until you pass away or become too ill to continue fighting for justice.