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How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is due to the fact that many victims worked at a variety of places that used asbestos-containing products. A mesothelioma lawyer can assist you understand the compensation options that are available to you. You may be eligible for compensation from the company that constructed or installed asbestos, or from an asbestos trust set up to pay for claims. Making a Claim In the majority of states, patients of mesothelioma as well as other asbestos illnesses can file a legal claim for compensation. The process can be complicated, but attorneys are available to assist victims and their families get the money they deserve. Attorneys and victims must work together to build a strong claim. This includes providing medical and employment records as well as evidence from family members. To receive compensation, victims and lawyers will typically file a lawsuit against the companies that exposed them asbestos. This includes companies that produced products that contain asbestos, and even employers who did not protect their workers from exposure to asbestos. Family members can also bring a wrongful death lawsuit if a loved one died due to an asbestos-related disease. The statute of limitation for filing mesothelioma-related lawsuits may differ from state to state, but usually begins when a person is diagnosed with a disease that is linked to asbestos. It is recommended that people consult an experienced mesothelioma lawyer as soon as possible to understand the options for pursuing compensation. Attorneys will go over the case's details and decide whether it is worth investigating during a free consultation. They will inquire about the person's employment background, military service and mesothelioma diagnosis to pinpoint how and when the patient was exposed. The lawyers will explain to the victim the types of compensation they might be entitled. This could include compensatory damages that cover the financial needs of a patient like medical bills or lost income, as well as ongoing treatment costs. In certain cases, patients are able to receive additional financial assistance through health insurance or disability benefits. In these cases an attorney will explain how pursuing these options might affect the outcome of a mesothelioma case. Case Review The filing of lawsuits against asbestos companies is a way for victims and their families to seek financial compensation for the losses they suffered. These lawsuits convey the message that businesses who put profits over safety have to pay for their negligence. Compensation is not able to bring back health or a loved one, but it can pay for treatment that prolongs life and provide financial security for families affected. A lawyer who understands the mesothelioma's nuances and complexities of litigation can guide clients through each step of the procedure. One of the most crucial steps is an examination of your case or case evaluation. This is a chance for you and your mesothelioma attorney 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 dangerous substance at work or while serving in the military. Your attorney can look over your employment history as well as military service records to determine the source of your exposure. A successful mesothelioma lawsuit is based on establishing the manner and location you were exposed to asbestos. This can be a challenge for some victims, especially those who were exposed to asbestos years before the diagnosis of their disease. It can take as long as 50 years before mesothelioma begins to develop, making it difficult to link asbestos exposure to the disease. In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to listen to the complaints of asbestos defendants who claim that NYCAL's docket has been rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. He has been charged with cleaning up the mess and restoring trust in the NYCAL system. Discovery Phase In a lawsuit, both sides discuss their positions in the case. This is known as discovery. It can involve looking over documents and also interviewing witnesses under oath. This is known as depositions. The lawyers on both sides will also share reports and testimony of experts on safety and medical issues. Defense lawyers have been known to hire experts and consultants who can be used to discredit plaintiffs claims. During this phase of the process, it's crucial to have a skilled lawyer to represent you. Asbestos claims typically involve multiple defendants. There could have been numerous locations where a person was exposed to asbestos and many different companies or manufacturers could be held liable. A mesothelioma lawsuit could claim that a worker was exposed to asbestos in a workplace or an oil refinery and even a power plant. Carrollton asbestos lawyer of mesothelioma usually appear between 10 and forty years after exposure. Depending on state laws, individuals diagnosed with mesothelioma have between one and five years to file a claim before the statute of limitations expires. Patients diagnosed with the rare cancer called mesothelioma typically receive compensation to pay for medical bills, funeral costs and other expenses. A successful mesothelioma case can also award damages to compensate for suffering, pain and loss of quality of life. A lot of victims and their families have received multimillion-dollar verdicts. However some defendants have opted for bankruptcy to avoid responsibility for asbestos-related injuries. Johns-Manville for instance, filed for bankruptcy in 1986. The money was put into a trust fund that was set up to pay future asbestos claims. However the company has continued to produce asbestos-related products. Settlements Through settlements of lawsuits and verdicts of a jury, asbestos victims can be awarded compensation for medical expenses, lost income, and pain and suffering. An attorney for mesothelioma will guide victims through the legal process by filing the required paperwork and defending the client in court. Since the 1920s, asbestos-related lawsuits have been filed. However it wasn't until 1970s when evidence was gathered that established the connection between asbestos exposure and certain kinds of cancer. As soon as the link was confirmed, asbestos companies started going bankrupt. They were also forced to set up large trust funds to pay for future litigation. In 1986, asbestos litigation issues led the Asbestos Claims Facility to be established. It was established to streamline the handling of claims as well as to assist in managing the increasing litigation crisis. However the number of cases that were pending increased and by the time of the 2000s, there was a backlog of thousands of asbestos lawsuits. The amount of money mesothelioma patients could expect to receive as a result of settlement or a jury award depends on a number of factors such as 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 condition has on their quality of life and any impairments that might result. While asbestos cases have resulted in large jury verdicts most victims opt for settlement instead of going to trial. It is often easier for a plaintiff to settle a lawsuit than to prevail at trial, and the possibility of appeals can tie up compensation for a number of years. Additionally, a settlement in a lawsuit can help the victim avoid the stress and trauma of testifying at trial. Trial After exposure, mesothelioma, asbestosis and other asbestos-related illnesses may develop. It is not uncommon for victims to have a long period of time before they can bring a lawsuit against the companies that are responsible for their illness. State laws, also known as statutes-of-limitations allow people between one and three years to file an asbestos suit depending on where they live. Even after these statutes of limitations expire, 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 take on the liability for those companies. In addition to filing lawsuits on behalf of themselves victims may also join class actions. This permits them to file an action on behalf of other victims who have similar asbestos exposure history. It is crucial to keep in mind that joining a class action can limit your rights and you won't be able to negotiate a personal award. Your lawyer will gather evidence during trial to demonstrate the extent to which you were exposed and which specific products containing asbestos caused your illness. This involves identifying asbestos producers and compiling information on their products and the locations where asbestos was used. The defendants can try to counter this evidence, arguing that you did not establish your case. A mesothelioma lawyer can defend these arguments and obtain the compensation you are entitled to. Throughout the litigation, large companies that exposed asbestos victims have tried to minimize their responsibility to compensate victims through filing claims that are not legitimate. A mesothelioma attorney is able to thwart these tactics that are meant to delay your case until you die or are too ill to continue fighting for justice.