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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 sites that utilized asbestos-containing products. A knowledgeable mesothelioma lawyer will assist you in understanding your compensation options. You may be able receive compensation from the business that produced or installed asbestos, or from an asbestos trust fund that was established to pay claims. How to File a Claim In most states, victims of mesothelioma and other asbestos illnesses can file a claim to be compensated. The process is complex however, attorneys are readily available to help victims and their families get the compensation they deserve. Victims need to work closely with their attorney, providing information to support their case, including medical and employment records, as well as testimonies from family members. When pursuing compensation, victims and their lawyers usually pursue a lawsuit against businesses who exposed them to asbestos. This includes companies who produced products containing asbestos and even employers who did not protect their employees from exposure. Family members may also file a wrongful death suit if a loved one died from an asbestos illness. The time frame for filing mesothelioma lawsuits can differ from state to state however, it usually begins when someone is diagnosed with a disease related to asbestos. Individuals should speak with an expert mesothelioma lawyer in the earliest time as possible to learn about the options for seeking compensation. In a mesothelioma consultation for free attorneys will discuss the specifics of the case to determine whether it's worth the effort. They will ask the patient about their employment history, military service and mesothelioma diagnosis to determine the time and manner in which they were exposed. The lawyers will then explain to the victim what kinds of compensation they might be entitled. This could include compensatory damages to cover the patient's financial needs, like medical bills and income loss. In some cases, victims might be eligible for additional forms of financial aid like disability or health insurance. In these instances, an attorney can explain the consequences of pursuing these options on the outcome of a claim for mesothelioma. Case Review Families of victims can seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits send the message that companies who place profits over safety have to pay for negligence. While compensation cannot restore health or bring back the life of a loved one but it can pay for life-extending treatment and provide financial security to the family members affected. A lawyer who understands the ins-and-outs of mesothelioma lawsuits can guide clients through every step of the procedure. A case review is also referred to as an “case evaluation”. This is an opportunity for you and your attorney to talk about your history of exposure in person or via the phone. During the examination, your attorney will be able assess how you were exposed to asbestos. Many people who are diagnosed with asbestosis were exposed to this dangerous material while at work or in the military. Your attorney can review your employment history and military records to determine how you were exposed. In order to win a mesothelioma case you must be able to prove where and how you were exposed. It isn't easy for mesothelioma victims to prove their exposure to asbestos particularly if it happened long before they were diagnosed with the disease. It can take up to 50 years for mesothelioma to develop, making it difficult to establish a link between asbestos exposure to the disease. In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton hosted an open-air town hall to listen to complaints from asbestos defendants about the docket of NYCAL being rigged in favor asbestos plaintiff law firms like Weitz & Luxenberg. He was charged with cleaning up the mess and restoring trust in the NYCAL system. Discovery Phase In a lawsuit the parties exchange information about their positions in the case. This is known as discovery. Depositions can include examining documents as well as interviewing witnesses under an oath. Both parties will also share reports and expert testimony on safety and medical concerns. Defendants in asbestos litigation have been known to hire consultants and scientists who could be manipulated by defense attorneys to discredit plaintiffs claims. In this stage of the process, it's crucial to have a skilled lawyer on your side. Asbestos cases usually involve multiple defendants. It could have occurred at a variety of locations that a person was exposed. Many different manufacturers or companies can be held accountable. A mesothelioma suit might claim that a worker was exposed to asbestos in a workplace or oil refinery and even a power plant. The symptoms of mesothelioma typically show between 10 and 40 years after exposure. Based on the laws of each state, individuals diagnosed with mesothelioma have between one and five years to submit an application before the statute of limitations expires. Mesothelioma is a rare type of cancer. People who are diagnosed with it are compensated for medical expenses funeral expenses, and other expenses. Additionally, a successful mesothelioma lawsuit may also award damages for pain and suffering, as well as loss of quality of life. Many victims and their families have received multimillion-dollar verdicts. However certain defendants have used bankruptcy to avoid liability for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986 and deposited money into an trust to pay for future asbestos claims but has continued to produce asbestos-related products. Settlements Through settlements of lawsuits or verdicts by juries, asbestos patients are entitled to compensation for medical expenses, lost income and pain and suffering. An attorney for mesothelioma will assist victims through the legal process by submitting the necessary paperwork and representing the client in court. Since the 1920s, asbestos-related lawsuits have been filed. However it wasn't until 1970s that evidence was gathered that confirmed the link between asbestos exposure and certain kinds of cancer. When the link was discovered, asbestos-related companies started going bankrupt. They were also required to set up large trust funds to fund future litigation. In 1986, asbestos litigation issues led to the Asbestos Claims Facility to be established. It was established to streamline the handling of claims as well as to help in managing the ever-growing litigation issues. However, the number of pending cases continued to rise and by the turn of the century, there was a backlog of over a thousand of asbestos lawsuits. The dollar amount that mesothelioma patients could expect to receive as a result of an award from a jury or settlement depends on a number of factors, including the severity of the disease and the time between exposure and the beginning of symptoms. Victims should also think about the impact their illness affects their quality of life as well as any impairments that may result. While asbestos cases have resulted 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 prevail at trial, and the possibility of appeals can tie up compensation for years. Settlements in lawsuits also allow the victim to stay away from the stress and trauma from testifying during trial. Trial Years after exposure, asbestosis, mesothelioma and other asbestos-related diseases could develop. This means victims often have an extended time frame to file lawsuits against the companies that caused their illness. State laws called statutes of limitations typically allow victims between one and three years from diagnosis or discovery to start a lawsuit against asbestos depending on their place of residence. Even after the statutes of limitation have expired, victims and their families may still be able to recover compensation from companies that sold asbestos-related products to them or asbestos trust funds which take on the responsibility of these companies. In addition to lawsuits filed by individuals they can also join in class actions, which permit them to bring a lawsuit on behalf of a group of victims with similar asbestos exposure history. However, it is important to remember that joining a class action could restrict your rights as an individual plaintiff. Kalamazoo asbestos lawsuit will also not be in a position to negotiate a personal award with defendants. In the course of trial your lawyer will collect evidence to prove the extent to which you were exposed and the asbestos-containing products that caused your disease. This includes identifying asbestos manufacturers and compiling information on their products, as well as the areas where asbestos was used. The defendants may try to challenge this evidence by claiming that you have not proven your case. A mesothelioma lawyer will be able to defend these arguments and obtain the compensation you are entitled to. In the course of litigation, big corporations who exposed asbestos victims have tried to minimize their responsibility to compensate victims through filing claims that are frivolous. A mesothelioma lawyer is 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.