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How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because a lot of 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 able to receive compensation from the company which manufactured or installed asbestos, or from an asbestos trust fund set up to pay for claims. How to File a Claim In the majority of states, patients of mesothelioma as well as other asbestos-related diseases can file a claim for compensation. The process is complicated however, lawyers are there to assist families of victims get the money they need. The attorneys and the victims must work together to create a solid claim. This includes providing medical and employment records as well as evidence from family members. When seeking compensation victims and their attorneys usually pursue a lawsuit against businesses that exposed them. This includes companies that mined raw asbestos, manufactured asbestos-based products and employers who failed to protect workers from exposure to asbestos. Families can also file a lawsuit for wrongful death if a loved ones passed away due to an asbestos-related illness. The time limit for filing a lawsuit against mesothelioma can vary from state-to-state, but usually begins when a person is diagnosed with a condition that is related to asbestos. Consult a mesothelioma attorney as soon as possible to find out what options you have to receive compensation. At a no-cost mesothelioma consult attorneys will discuss the specifics of the case to determine whether it is worth investigating. They will inquire about the patient's work history, military service and mesothelioma diagnoses to determine how and when the patient was exposed. The lawyers will explain to the victim the types of compensation they could be entitled to. This could include compensatory damages that cover the financial needs of a patient such as medical bills, lost income and ongoing treatment costs. In some cases, victims may be eligible to receive additional forms of financial aid like disability insurance or health insurance. In these cases an attorney will explain how the pursuit of these options could impact the outcome of a mesothelioma claim. Case Review The filing of lawsuits against asbestos companies is a way for victims and their families to seek financial compensation for their losses. These lawsuits convey the message that companies who place profits over safety have to pay for their mistakes. 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 affected family members. A lawyer who knows the ins-and-outs of mesothelioma lawsuits can guide clients through every step of the process. One of the most crucial 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 over the phone and go over your exposure history. During the examination, your attorney will be able to determine how you were exposed. Many people diagnosed with asbestosis were exposed hazardous substance while working or in the military. Your attorney can look over your employment history and military records to determine where you were exposed. A successful mesothelioma suit is contingent on establishing how and where you were exposed to asbestos. This can be a challenge for some victims, specifically those who were exposed prior to the diagnosis of their disease. Mesothelioma symptoms may take 20 to 50 years for the development which makes it difficult to determine the connection between exposure and asbestos-related disease. In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton held a town hall to hear complaints by asbestos defendants on the docket of NYCAL being rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. He's charged with cleaning up the mess and restoring confidence 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 interviewing witnesses under oath, referred to as depositions. Both sides will also exchange information and testimony from experts on safety and medical concerns. Plaintiffs in asbestos litigation have been known to employ consultants and scientists who can be manipulated by defense lawyers to undermine plaintiffs' claims. It is essential to have a skilled lawyer on your team during this stage. Asbestos lawsuits typically involve a variety of defendants. There may have been many places 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 manufacturing facility or oil refinery and a power plant. The signs of mesothelioma are usually apparent between 10 and 40 years after exposure. Depending on state laws patients diagnosed with mesothelioma are given between one and five years to submit an action before the time limit expires. Mesothelioma can be a rare cancer. People who are diagnosed with it are compensated for medical costs funeral expenses, as well as other expenses. A successful mesothelioma claim can also award damages to compensate for suffering, pain and loss in quality of life. Many victims and their family members have received multimillion dollar verdicts. However, some defendants have used bankruptcy to avoid responsibility for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986, and then put the money into a trust to pay out future asbestos claims but has continued to produce asbestos products. Settlements Through settlements of lawsuits and verdicts of a jury, asbestos victims are entitled to compensation for medical expenses, lost income and suffering. A knowledgeable mesothelioma lawyer will guide the victim through the legal process, including the proper paperwork and representing the victim in court proceedings. Lawsuits alleging asbestos exposure and illness 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. After the connection was established, asbestos companies began going into bankruptcy and were required to set aside large trust funds to pay for future lawsuits. These asbestos litigation issues led to the formation of the Asbestos Claims Facility in 1986 that was created to centralize the handling of claims and assist in managing the growing litigation crisis. However Lawrence asbestos lawyer of cases pending continued to rise and by the 2000s, there was a backlog of thousands of asbestos lawsuits. The amount of money mesothelioma sufferers is likely to receive as a result of a jury award or settlement will depend on a variety of factors such as the degree of the disease and the time period between exposure and the beginning of symptoms. Victims must also consider the impact their condition affects their lives and any impairments that could result from it. While asbestos cases can result in large jury verdicts, the majority of asbestos victims choose to settle for an agreement instead of proceeding to trial. A lawsuit settlement is usually easier to win than a trial. And the possibility of an appeal can delay compensation for many years. Additionally, a settlement in a lawsuit allows the victim to get away from the stress and anxiety of testifying at trial. Trial Mesothelioma and asbestosis as well as other asbestos-related diseases can develop years after exposure. It is not unusual for asbestos-related victims to suffer for a long amount of time before they can file a lawsuit against the companies that are responsible for their illness. Statutes of limitations, as they are known in the state, give people between one and three years to file an asbestos suit according to where they reside. Even after these statutes of limitations have passed the victims and their families may be able to recover compensation through a lawsuit against companies who sold them asbestos-related products or asbestos trust funds that take on the liability for those companies. In addition to lawsuits filed by victims on their own and their families, victims are able to join class actions that allow them to file a claim on behalf of a group of victims with similar asbestos exposure history. It is crucial to remember that joining a class action may restrict your rights as a plaintiff. Additionally, you won't be capable of negotiating an individual award with defendants. Your lawyer will collect evidence at trial to demonstrate how you were exposed and which products that contain asbestos caused your condition. This includes identifying asbestos manufacturers and assembling information about their products, including areas where asbestos was used. The defendants may attempt to contest this evidence and argue that you did not prove your case. A mesothelioma lawyer can successfully defend these arguments and obtain the compensation you deserve. Throughout the litigation, major companies that exposed asbestos victims have tried to minimize their responsibility to compensate victims by filing claims that are frivolous. A skilled mesothelioma lawyer is adept at thwarting these tactics that are designed to delay your case, so that you end up dying or becoming too sick to continue fighting for justice.