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How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because asbestos-containing products were used at many sites by victims. A mesothelioma attorney can help you understand the options for compensation that are available to you. You may be able to get compensation from the company that produced or installed asbestos, or from an asbestos trust fund that was established to pay claims. How to File a Claim In many states, those suffering of mesothelioma as well as other asbestos-related illnesses can file a claim to receive compensation. The process is complicated however, lawyers are there to assist victims and their families get the money they need. Attorneys and victims need to work closely together to construct a strong claim. This includes providing evidence of employment and medical history as well as evidence from family members. In the event of pursuing compensation, victims and their lawyers will typically file a lawsuit against companies that exposed them to asbestos. This includes companies that produced products containing asbestos, or employers who failed to protect their workers from exposure to asbestos. Families may also sue for wrongful death if a loved ones passed away due to an asbestos-related illness. The statute of limitations for filing a mesothelioma lawsuit may differ by state, but it usually starts when a person is diagnosed with an asbestos-related condition. Contact a mesothelioma lawyer as soon as you can to find out what options you have 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 ask about the patient's work background, military service and mesothelioma to determine if and when the person was exposed. Lawyers will explain the various types of compensation a victim may be entitled to. This could include compensatory damages that cover the financial requirements of a patient, like medical bills or lost income, as well as ongoing costs for treatment. In some instances, patients can receive additional financial assistance through disability or health insurance. In these cases an attorney can help explain the implications of exploring these options on the outcome of a lawsuit for mesothelioma. Case Review Victims and their families can seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits convey the message that companies who place profits before safety must pay for their mistakes. Compensation is not able to bring back health or a loved one's life, but it can help pay for treatments that prolongs life and provide financial security for affected family members. A lawyer who understands the ins and outs of mesothelioma lawsuits can help clients through every step of the process. One of the most important steps is the case review, also known as a case evaluation. This is an opportunity for you and your mesothelioma lawyer to meet in person or on the phone and discuss your exposure information. During the review, your attorney will be able to determine how you were exposed to asbestos. Many people diagnosed with asbestosis were exposed to this dangerous substance at work or in the military. Your attorney can review your details of your military and employment history to determine how you were exposed. To be successful in a mesothelioma lawsuit you must establish the location and method by which you were exposed. This can be a challenge for some victims, particularly those whose exposure occurred several years prior to the diagnosis of their disease. Mesothelioma symptoms may take 20 to 50 years for the development and it can be difficult to determine the connection between exposure and asbestos-related disease. In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held an open town hall meeting to hear complaints from asbestos defendants who claim that NYCAL's docket has been rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. He was given the task of 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 can involve looking over documents as well as interviewing witnesses under an oath. Both parties will also share reports and testimony from experts on medical and safety concerns. Defendants in asbestos litigation have been known to engage experts and scientists who can be manipulated by defense attorneys to discredit plaintiffs claims. In this phase of the process, it's crucial to have a skilled lawyer to represent you. Asbestos claims typically involve multiple defendants. It could be at many different places where a person was exposed. A variety of different companies or manufacturers could be held responsible. A mesothelioma case could assert that a worker had been exposed to asbestos in a workplace, an oil refinery, and even a power plant. Mesothelioma symptoms usually manifest between 10 to 40 years after exposure. Based on the laws of each state, individuals diagnosed with mesothelioma will have between one and five years to make a claim before the statute of limitations expires. Those diagnosed with the rare cancer known as mesothelioma typically receive compensation to cover medical expenses funeral costs, and other expenses. A successful mesothelioma lawsuit could also award damages to pay for pain, suffering and loss in quality of life. A lot of victims and their families have received multimillion-dollar verdicts. Some defendants have utilized bankruptcy as a way to avoid liability for injuries caused by asbestos. Johns-Manville for instance, filed for bankruptcy in 1986. The money was placed into a trust fund that was set up to cover future asbestos-related claims. However, the company has continued to manufacture asbestos-related 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 will assist victims through the legal process, filing the required paperwork and defending them in court proceedings. Since the 1920s asbestos-related lawsuits were filed. However, it wasn't until the 1970s that evidence was discovered that proved the link between asbestos exposure and certain types cancer. When the link was confirmed, asbestos companies began to go under. They were also required to establish large trust funds in order to pay for future litigation. 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 assist in managing the growing litigation crisis. However, the number of cases pending increased and by the time of the 2000s there was a backlog of thousands of asbestos lawsuits. The amount mesothelioma sufferers is likely to receive in the event of a jury award or settlement will depend on a variety of factors, including the severity of the disease and the time period between exposure and the first onset of symptoms. Victims should also think about the impact their illness has on their lives and any impairments that could result from it. Although asbestos cases can result in large jury verdicts most victims opt for settlement instead of taking the case to trial. It is often easier for the plaintiff to secure a settlement in a lawsuit than to win at trial, and the possibility of appeals can tie up compensation for years. A settlement with a lawsuit can help the victim get away from the stress and anxiety of testifying at trial. Fayetteville asbestos lawsuit After exposure, asbestosis, mesothelioma and other asbestos-related diseases could develop. This means victims often have an extended time frame to file lawsuits against companies responsible for their ailments. State laws, also known as statutes of limitations typically allow individuals between one and three years from diagnosis or discovery to bring a asbestos lawsuit depending on their place of residence. Even after the statutes of limitations have been lapsed, the victims and their families might still be able to obtain compensation by suing companies that sold asbestos-related products to them, or asbestos trust funds that accept liability on behalf of those companies. In addition to lawsuits filed by individual victims they can also join class actions, which allow them to make a claim on behalf of a group of victims with similar asbestos exposure experiences. However, it is important to keep in mind that joining a class action may limit your rights as an individual plaintiff and you will not be capable of negotiating an individual award with defendants. At trial your lawyer will collect evidence to prove the extent to which you were exposed and which specific asbestos-containing products caused your disease. This involves the identification of asbestos producers as well as assembling information about their products, including the locations in which asbestos was employed. Defendants might try to contest this evidence, arguing that you've not proved your case. A mesothelioma lawyer can argue against these arguments and secure the compensation you deserve. In the course of litigation, large companies that exposed victims to asbestos have tried to diminish their responsibility to pay compensation through filing frivolous motions. A skilled mesothelioma lawyer is adept at securing victory over these strategies that are designed to delay your case until that you will die or become too sick to fight for justice.