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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 number of places that used asbestos-containing products. A mesothelioma attorney can help you understand the options for compensation that are available to you. You could be able to receive compensation from the company that produced or installed asbestos or from an asbestos trust fund that was established 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 however, attorneys are readily available to help victims and their families receive the money they need. Victims need to work closely with their attorney, supplying information to support their case, including medical and employment records, as well as testimonies from family members. In the event of pursuing compensation victims and their attorneys usually pursue a lawsuit against businesses that exposed them. This includes companies that produced products that contain asbestos, and even employers who failed to protect their employees from exposure to asbestos. Family members can also make a claim for wrongful death when a loved one dies from an asbestos-related illness. The time limit for filing a lawsuit against mesothelioma can vary from state to state but generally begins when a person is diagnosed with a disease that is linked to asbestos. It is recommended that people consult an expert mesothelioma lawyer in the earliest time as possible to learn about the options available to seek compensation. At a no-cost mesothelioma consult attorneys will go over the specifics of the case and decide whether it's worth the effort. They will ask about the person's employment history, military service, and mesothelioma diagnoses to determine how and when the person was exposed. Lawyers will then explain the various forms of compensation that a victim could be entitled to. This can include compensatory damage to cover the patient's financial needs, such as medical expenses and income loss. In certain cases, patients may be able to obtain additional forms of financial aid such as disability insurance or health insurance. In these situations an attorney can help explain how pursuing these options can affect the outcome of a mesothelioma claim. Case Review Families of victims are able to seek compensation for their losses from asbestos companies via lawsuits. These lawsuits convey the message that businesses who put profits before safety must pay for their negligence. Compensation will not bring back health or a loved one but it can pay for treatment that extends life and provide financial security for the family members affected by the illness. A lawyer who understands the mesothelioma's nuances and complexities of litigation can guide clients through every step of the process. One of the most important steps is a case review, also known as a case evaluation. This is a chance for you and your attorney to discuss your history of exposure in person or over the phone. During the examination the attorney will be able to assess how you were exposed to asbestos. Many patients diagnosed with mesothelioma were exposed to the dangerous substance at work or while serving in the military. Your attorney can review your employment history and military records to determine where you were exposed. A successful mesothelioma lawsuit is based on establishing the manner and location you were exposed to asbestos. This can be difficult for some victims, especially those whose exposure occurred several years prior to the diagnosis of their illness. Mesothelioma symptoms can take 20 to 50 years to develop and it can be difficult to determine the connection between exposure and the asbestos-related disease. In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall to listen to the complaints of asbestos defendants that NYCAL's dockets have been rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. He's charged with clearing up the mess and restore trust in the NYCAL system. Discovery Phase In a lawsuit the parties share information about their respective positions in the case. This is known as discovery. Depositions can include examining documents and also interviewing witnesses under an oath. The lawyers for both sides will also provide expert testimony and reports on medical and safety issues. Plaintiffs in asbestos litigation have been known to hire consultants and scientists who can be manipulated by defense lawyers to undermine plaintiffs' claims. It is essential to have a skilled lawyer on your side during this stage. Asbestos lawsuits typically involve a variety of defendants. There could have been numerous locations where an individual was exposed to asbestos, and several different manufacturers or companies could be held liable. A mesothelioma suit might claim that a worker had been exposed to asbestos in a manufacturing facility, an oil refinery, and even a power plant. Mesothelioma symptoms usually manifest between 10 to 40 years after exposure. According to the laws of each state those diagnosed with mesothelioma will have between one and five years to file an application before the time limit expires. Mesothelioma is a rare type of cancer. Alhambra asbestos lawyers diagnosed with it are compensated for medical costs funeral expenses, and other expenses. In addition to that, a mesothelioma lawsuit that is successful can also award compensation for pain and suffering, as well as loss of quality of life. Many victims and their families have received multimillion-dollar verdicts. Some defendants have utilized bankruptcy as a way to avoid the liability for asbestos-related injuries. Johns-Manville, for example has filed for bankruptcy in 1986. The money was put into a trust fund that was set up to pay future asbestos-related claims. However the company continues to manufacture asbestos 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 knowledgeable mesothelioma lawyer 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 confirmed the link between asbestos exposure and certain types cancer. After the connection was established asbestos-related companies began to go insolvent and were forced to reserve large trust funds to fund future lawsuits. These asbestos litigation issues led to the creation of the Asbestos Claims Facility in 1986, which was designed to centralize handling of the claims and help manage the increasing litigation issue. However the number of cases pending continued to increase and by the time of the 2000s there was a backlog of over a thousand of asbestos lawsuits. The amount a mesothelioma patient can expect to receive from a lawsuit settlement or jury award depends on many factors, such as the severity of the disease and the time between the exposure and first signs showing. Victims should also consider the impact their condition has on their quality of life and any impairments that could result from it. While asbestos cases have resulted in large jury verdicts, the majority of asbestos victims choose to settle for an agreement instead of taking the case to trial. A lawsuit settlement is usually easier to win than a trial. It is also possible that an appeal could delay compensation for years. Also, a lawsuit settlement can help the victim stay clear of the stress and trauma of testifying in court. Trial Mesothelioma and asbestosis as well as other asbestos-related diseases can occur years after exposure. The result is that patients often have a long time to file lawsuits against companies responsible for their ailments. State laws 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 location. Even after these statutes of limitations expire victims and their loved ones could be eligible to receive compensation through a lawsuit against the companies that sold them asbestos-related products or asbestos trust funds that take on the liability for those companies. In addition to lawsuits filed by individual victims they can also join class actions that permit them to make a claim on behalf of an entire group of victims with similar asbestos exposure experiences. It is important to keep in mind that joining a group action could limit your rights, and you will not be able to negotiate a personal award. During the trial your lawyer will collect evidence to demonstrate the extent to which you were exposed and the specific asbestos-containing products that caused your disease. This includes identifying asbestos producers and compiling information on their products including the locations in which asbestos was employed. Defendants might try to contest this evidence and claim that you haven't proved your case. However, a skilled mesothelioma lawyer will be able to successfully challenge these arguments and help you get the compensation you deserve. In the course of litigation, big corporations who exposed asbestos victims have attempted to reduce their obligation to compensate victims through filing frivolous claims. A mesothelioma lawyer who is skilled is adept at securing victory over these tactics that are designed to delay your case, so that you will end up dying or becoming too sick to continue fighting for justice.