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How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because many victims worked at a number of sites that utilized asbestos-containing products. A mesothelioma attorney can help you understand the options for compensation that are available to you. You may be eligible for compensation from the business that constructed or installed asbestos, or from an asbestos trust set up to settle claims. How to File a Claim In many states, those suffering of mesothelioma and other asbestos-related illnesses can file a legal claim to be compensated. Attorneys are on hand to assist victims and their families in obtaining the compensation they deserve. Victims and their attorneys must work together to create a solid claim. This includes providing medical and employment records as well as testimony from family members. When pursuing compensation the victims and their lawyers will typically pursue a lawsuit against businesses that exposed them to asbestos. This includes companies that mined asbestos raw, manufactured asbestos-based products and employers who did not protect workers from exposure. Family members can also file a wrongful death suit in the event that a loved one has died from an asbestos illness. The time frame for filing a lawsuit against mesothelioma can differ from state to state but generally begins when someone is diagnosed with a condition that is related to asbestos. Consult a mesothelioma attorney as soon as possible to know more about your options to receive compensation. In a mesothelioma consultation for free attorneys will discuss the details of the case and determine whether it is worth investigating. They will ask about the person's employment history, military service and mesothelioma to determine if and when the person was exposed. The lawyers will then explain to the victim what types of compensation they may be entitled. This can include compensatory damage to meet financial needs, such as medical expenses and lost income. In some instances, patients may be eligible to receive additional forms of financial aid like disability insurance or health insurance. In these instances, an attorney can help 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 financial compensation from asbestos-related companies through lawsuits. These lawsuits send a message that companies who put profits over safety should be held accountable for their negligence. While compensation can't bring back health or restore the life of a loved one, it can help pay for life-extending treatments and provide financial security to affected family members. A lawyer who understands the ins and outs of mesothelioma lawsuits can help clients through every step of the process. A case review is also known as a “case evaluation”. This is an opportunity for you and your mesothelioma attorney to meet in person or over the phone to go over your exposure information. During the examination your attorney will be able assess the extent to which you were exposed asbestos. Many mesothelioma patients were exposed to asbestos-containing material 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. To be successful in a mesothelioma lawsuit you must be able to prove where and how you were exposed. This can be a challenge for some victims, particularly those whose exposure occurred several years prior to the diagnosis of their illness. It can take as long as 50 years for mesothelioma symptoms to be diagnosed, which makes it difficult to connect 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 on the docket of NYCAL being rigged to favor asbestos plaintiff law firms such as Weitz & Luxenberg. He's charged with clearing up the mess and rebuilding trust in the NYCAL system. Discovery Phase In a lawsuit, the parties exchange information about their respective positions. This is known as discovery. This can involve examining documents and also speaking with witnesses under oath, known as depositions. Both parties will also share reports and expert testimony on safety and medical concerns. Defendants in asbestos litigation have been known to engage consultants and scientists who could be manipulated by the defense lawyers to undermine plaintiffs' claims. It is crucial to have a skilled lawyer on your side during this phase. Asbestos lawsuits typically involve a variety of defendants. It could be in a variety of places that a person was exposed. A variety of different companies or manufacturers can be held responsible. For instance mesothelioma lawsuits may allege that a worker was exposed to asbestos in a factory in one location and an oil refinery in a different and in the construction of an energy plant in another area. Kenner asbestos attorney manifest between 10 and 40 years after exposure. Based on the laws of each state patients diagnosed with mesothelioma are given between one and five years to submit a claim before the statute of limitations expires. Mesothelioma is a rare type of cancer. Patients diagnosed with it receive compensation for medical expenses, funeral expenses and other expenses. A successful mesothelioma lawsuit can also award damages to compensate for suffering, pain and loss of quality of life. Many victims and their families have been awarded multimillion-dollar settlements. Some defendants have utilized bankruptcy as a way to avoid the liability for asbestos-related injuries. Johns-Manville for instance, filed for bankruptcy in 1986. The funds were 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 or verdicts of a jury, asbestos victims can receive compensation for their medical expenses, lost income and suffering. A mesothelioma attorney will guide victims through the legal process, filing the required paperwork and defending them in court proceedings. The lawsuits claiming asbestos exposure and diseases have been filed since the 1920s, but it was not until the 1970s that evidence was built up to confirm the connection between asbestos and certain types of cancers. When the link was established, asbestos companies began to go under. They were also forced to establish trust funds to fund future litigation. In 1986, asbestos-related litigation issues prompted the Asbestos Claims Facility to be created. It was created to coordinate the handling of claims as well as to assist in managing the increasing litigation issues. However the number of cases pending continued to rise and by the 2000s, there was a backlog of thousands of asbestos lawsuits. The amount mesothelioma sufferer could expect to receive from a settlement in a lawsuit or jury award is contingent on many factors, such as the severity of the illness and the time between exposure and the first symptoms appearing. Victims should also think about the impact their condition has on their quality of life and any impairments that may result. While asbestos cases can result in large jury verdicts, most victims opt for an agreement instead of proceeding to trial. It is often simpler for the plaintiff to win a lawsuit settlement than to win a trial, and the potential of appeals could encumbrate compensation for years. Settlements in lawsuits also allow the victim to avoid the stress and trauma that comes with testifying during trial. Trial In the years following exposure, asbestosis, mesothelioma and other asbestos-related diseases could develop. It is not uncommon for victims to have a long period of time before they are able to sue the companies responsible for their affliction. State laws, also known as statutes of limitations typically allow victims between one and three years from diagnosis or discovery to start a lawsuit against asbestos depending on where they live. Even after these statutes of limitation expire, victims and their families could be able to claim compensation through a lawsuit against businesses who sold them asbestos-related goods or asbestos trust funds that assume responsibility for the companies. In addition to lawsuits brought by victims on their own, victims can join class actions, which allow them to file a claim on behalf of groups of victims who have similar asbestos exposure histories. It is crucial to remember that joining a class action can limit your rights as an individual plaintiff and you will not be in a position to negotiate an individual award with defendants. Your lawyer will gather evidence at trial to prove how you were exposed and which specific products containing asbestos caused your condition. This includes identifying asbestos producers and compiling information on their products including the locations in which asbestos was employed. The defendants could try to counter this evidence and claim that you have not proven your case. However, a knowledgeable mesothelioma lawyer will be able to successfully challenge these arguments and help you get the compensation you are entitled to. Throughout the litigation, major corporations that have exposed asbestos victims have attempted to reduce their obligation to compensate victims through filing claims that are not legitimate. A mesothelioma lawyer can be capable of securing the victory against these tactics, which are designed to delay your case until you pass away or become too sick to fight for justice.