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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 variety of places that used asbestos-containing products. A mesothelioma attorney can help you understand the options for compensation available to you. You could be eligible to receive compensation from the company who constructed or installed asbestos, or from an asbestos trust established to pay claims. Filing a Claim In the majority of states, mesothelioma sufferers and those with other asbestos-related diseases can make an action for compensation. Attorneys are available to assist victims and their families in receiving the compensation they are entitled to. Victims must work closely with their attorney, providing details to build a strong case, including documents from employment and medical records and testimonials from family members. In order to obtain compensation, victims and lawyers will typically file an action against the businesses that exposed them asbestos. This includes companies that extracted asbestos, made products containing asbestos, or employers who failed to protect their workers from exposure to asbestos. Families may also bring a lawsuit for wrongful death if their loved ones passed away due to an asbestos-related disease. The statute of limitations for filing a mesothelioma lawsuit may differ by state, but usually starts when a person is diagnosed with an asbestos-related disease. Consult a mesothelioma attorney immediately to learn more about your options to receive compensation. Attorneys will review the case details and determine whether it is worth the effort during a free consultation. They will inquire about the person's employment history, military service, and mesothelioma diagnosis to pinpoint how and when the person was exposed. The lawyers will then explain to the victim the types of compensation they could be entitled to. Fayetteville asbestos lawyers could include compensatory damages to pay for the patient's financial requirements such as medical bills and lost income. In certain cases, patients may be eligible to receive additional forms of financial aid such as disability or health insurance. In these cases an attorney can help explain how pursuing these options might affect the outcome of a mesothelioma lawsuit. Case Review The filing of lawsuits against asbestos companies is an opportunity for asbestos victims and their families to seek compensation for their losses. These lawsuits convey the message that businesses that put profit over safety have to pay for their mistakes. Compensation cannot bring back health or a loved one but it can help pay for treatments that prolongs life and provide financial security for families affected. A lawyer who knows the ins-and-outs of mesothelioma lawsuits can help clients through every step of the procedure. A case review is also referred to as a “case evaluation”. This is a chance for you and your mesothelioma attorney to meet in person or on the phone to go over your exposure background. During the review 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 review your employment history and military records to determine the place you were exposed. In order to be successful in a mesothelioma lawsuit, you must be able to prove where and how you were exposed. It is not easy for patients to prove their asbestos exposure in particular if it occurred long before they were diagnosed with the disease. Mesothelioma symptoms can take 20 to 50 years to develop which makes it difficult to determine the connection between exposure and asbestos-related disease. In the wake of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall to hear complaints from 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 exchange information about their respective positions. This is referred to as discovery. Depositions can include examining documents and also interviewing witnesses under oath. Both sides will also exchange reports and testimony from experts regarding safety and medical issues. Plaintiffs in asbestos litigation have been known to hire experts and scientists who can be manipulated by the defense attorneys to discredit plaintiffs claims. It is crucial to have a skilled lawyer on your team in this phase. Asbestos lawsuits typically involve a variety of defendants. It could be at many different places where a person was exposed. Many different manufacturers or companies can be held responsible. A mesothelioma case could assert that a worker was exposed to asbestos in a manufacturing facility or oil refinery and a power plant. Mesothelioma symptoms typically 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. People diagnosed with the rare cancer known as mesothelioma are usually compensated to cover medical bills funeral costs, as well as other expenses. A successful mesothelioma case can also award damages to pay for pain, suffering and loss of quality of life. A lot of victims and their families have received multimillion-dollar verdicts. However, some defendants have used bankruptcy to avoid responsibility for asbestos-related injuries. Johns-Manville for instance was declared bankrupt in 1986. The money was placed into a trust fund that was set up to cover future asbestos-related claims. However the company continues to manufacture asbestos products. Settlements Asbestos victims can be compensated for medical expenses, lost income and suffering through lawsuit settlements and jury verdict awards. A knowledgeable mesothelioma lawyer will guide the victim through the legal process, submitting the correct paperwork and defending the victim in court proceedings. The lawsuits claiming asbestos exposure and diseases have been filed from the 1920s onward, but it wasn't until the 1970s when evidence collected to prove the connection between asbestos and certain kinds of cancers. As soon as 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, these asbestos litigation issues led to the Asbestos Claims Facility to be formed. It was created to centralize the handling of claims as well as to help manage the growing litigation crisis. The number of pending asbestos cases increased and by the 2000s there was a backlog of thousands of asbestos lawsuits. The amount of money mesothelioma patients is likely to receive as a result of settlement or a jury award is contingent upon a variety of factors, including the severity of the disease as well as the time between the exposure and the onset of symptoms. Victims must also consider the impact that their illness affects their quality of life as well as any impairments that might result. Although asbestos cases can result in huge jury verdicts, the majority of asbestos victims prefer a settlement rather than 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. Additionally, a settlement in a lawsuit lets the victim get away from the stress and anxiety of testifying at trial. Trial Years after exposure, asbestosis, mesothelioma and other asbestos-related illnesses may develop. The result is that patients often have an extended time frame to file lawsuits against companies that caused their illness. State laws called statutes of limitations typically give individuals between one and three years from diagnosis or discovery to file an asbestos lawsuit, depending on their location. Even after the statutes of limitation have been lapsed, the victims and their families could still be able to obtain compensation by suing companies who sold asbestos-related products or asbestos trust funds, which assume liability on behalf of these companies. As well as filing lawsuits on behalf of themselves, victims can also join classes actions. This allows them to make complaints on behalf of other victims who have similar asbestos exposure history. It is important to keep in mind that joining a class action could limit your rights and you won't be able negotiate an individual award. In the course of trial, your lawyer will gather evidence to show how you were exposed to asbestos and which specific asbestos-containing products caused your illness. This involves identifying asbestos-containing manufacturers and assembling information about their products, as well as the locations where the asbestos was used. Defendants may try to challenge this evidence and argue that you did not demonstrate your case. A mesothelioma lawyer can defend these arguments and obtain the compensation you are entitled to. In the course of litigation, big companies that exposed asbestos victims have attempted to minimize their obligation 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.