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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 knowledgeable mesothelioma lawyer will assist you in understanding your compensation options. You may be eligible for compensation from the company who produced or installed asbestos or from an asbestos trust that was established to pay for claims. Filing a Claim In the majority of states, mesothelioma sufferers and those suffering from other asbestos-related illnesses can make claims for compensation. The process is complex, but attorneys are available to help families of victims get the money they deserve. The attorneys and the victims need to work closely together to build a strong claim. This includes providing employment and medical records as well as evidence from family members. When seeking compensation the victims and their lawyers typically bring a lawsuit against the companies that exposed them. This includes companies that mined raw asbestos, manufactured asbestos-based products and even employers that did not protect workers from exposure to asbestos. Family members can also bring a wrongful death lawsuit if a loved one died from an asbestos illness. The statute of limitation for filing mesothelioma-related lawsuits may differ from state to state but generally starts when a person is diagnosed with a disease related to asbestos. It is recommended that people consult an experienced mesothelioma lawyer as soon as they can to find out the options for seeking compensation. At a no-cost mesothelioma consult, attorneys will discuss the details of the case and decide whether it is worth pursuing. They will inquire about the person's employment background, military service and mesothelioma diagnosis to pinpoint how and when the person was exposed. The lawyers will explain to the victim the types of compensation they might be entitled to. This can include compensatory damage to meet financial needs such as medical expenses and lost income. In some cases, victims might be eligible for additional forms of financial assistance such as disability or health insurance. In these cases an attorney can explain the impact of pursuing these options on the outcome of a case for mesothelioma. Case Review Family members and victims of asbestos exposure can seek compensation for their losses from asbestos companies via lawsuits. These lawsuits send a message that those who place profits over safety should be held accountable for their negligence. While compensation can't restore health or bring back a loved one, it can help to pay for life-extending treatments and provide financial security for affected family members. A lawyer who knows the mesothelioma's ins and outs of litigation can assist clients through each step of the process. A case review is also known as a “case evaluation”. This is an opportunity for you and your attorney to discuss your exposure history in person or on the phone. During the review, your attorney will be able to determine how you were exposed. Many people diagnosed with mesothelioma were exposed to the hazardous material at work or while serving in the military. Your attorney can examine your employment history as well as military service documents to determine the cause of your exposure. A successful mesothelioma lawsuit hinges on establishing the manner and location you were exposed to asbestos. This can be difficult for some victims, particularly those whose exposure occurred several years prior to the diagnosis of their 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 corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to listen to complaints from asbestos defendants that NYCAL's dockets have been rigged to favor asbestos plaintiff law firms like Weitz & Luxenberg. The judge has been given the responsibility of clearing up the mess and rebuilding confidence in the NYCAL system. Discovery Phase In a lawsuit, the parties exchange information about their respective positions. This is referred to as discovery. Depositions may involve examining documents as well as interviewing witnesses under oath. Both parties will also share reports and expert testimony regarding safety and medical issues. Defense attorneys have been known to employ consultants and scientists who can be employed to discredit plaintiffs' claims. In this stage of the process, it is crucial to have a skilled lawyer on your side. Asbestos cases typically involve a number of defendants. It may have been at a variety of locations that a person was exposed. Several different companies or manufacturers could be held accountable. For example mesothelioma lawsuits may claim that a worker was exposed to asbestos at a factory in one state and an oil refinery in another, and during the construction of a power plant in still another place. Mesothelioma symptoms usually manifest between 10 to 40 years after exposure. According to the laws of the state those diagnosed with mesothelioma could have between one and five years before the time limit expires. Those diagnosed with the rare cancer known as mesothelioma usually receive compensation to cover medical bills funeral costs, and other expenses. A successful mesothelioma claim can also award damages to compensate for pain, suffering and loss of quality of life. Many victims and their families have received multimillion dollar verdicts. However some defendants have opted for bankruptcy to avoid responsibility for asbestos-related injuries. For instance, Johns-Manville filed for bankruptcy in 1986 and put money into a trust fund to pay future asbestos claims, but continued to manufacture asbestos products. Settlements Asbestos victims can receive compensation for medical expenses, lost income, and suffering through settlements for lawsuits and jury verdict awards. A mesothelioma lawyer who is knowledgeable will assist the victim through the legal process, including the appropriate paperwork and defending them in court proceedings. Since the 1920s asbestos-related lawsuits were filed. However it wasn't until 1970s that evidence was gathered that proved the link between asbestos exposure and certain types cancer. Once the link was confirmed, asbestos companies began to fail. They were also forced to establish trust funds in order to pay for future litigation. These asbestos litigation issues led to the formation of the Asbestos Claims Facility in 1986, which was designed to centralize the handling of claims and help manage the increasing litigation issue. The number of asbestos-related cases increased, and in the 2000s, there was a backlog of thousands of asbestos lawsuits. The dollar amount that mesothelioma sufferers can expect to receive in the event of an award from a jury or settlement is contingent upon a variety of factors such as the severity of the disease and the time between exposure and the first onset of symptoms. Victims must be aware of the impact of their illness on the quality of their life and any resulting impairments. While some asbestos cases have resulted in large jury verdicts, the majority of asbestos victims choose to settle for a settlement rather than taking the case to trial. A lawsuit settlement is usually more likely to be won than a trial. And the possibility of an appeal can delay compensation for a long time. Merced asbestos lawsuits with a lawsuit lets the victim stay clear of the stress and trauma of appearing in court. Trial After exposure, mesothelioma, asbestosis and other asbestos-related diseases could develop. It is not unusual for asbestos-related victims to be stricken for a long period of time before they are able to bring a lawsuit against the companies that are responsible for their affliction. State laws known as statutes of limitations typically give victims between one and three years from diagnosis or discovery to bring a asbestos lawsuit, depending on their location. Even after the statutes of limitation have expired, victims and their families might still be able recover compensation by suing companies that sold asbestos-related products to them, or asbestos trust funds that accept liability on behalf of those companies. In addition to lawsuits brought by individuals and their families, victims are able to join class actions, which allow them to bring a lawsuit on behalf of an entire group of victims with similar asbestos exposure history. It is important to keep in mind that joining a group action can limit your rights, and you won't be able to negotiate an individual award. In the course of trial your lawyer will collect evidence to demonstrate how you were exposed and the specific asbestos-containing products that caused your illness. This involves identifying asbestos-containing manufacturers and compiling information about their products, including the places where asbestos was used. The defendants may try to challenge this evidence, arguing that you've not proved your case. However, a knowledgeable mesothelioma lawyer will be able to successfully challenge these arguments and help you get the amount you are entitled to. In the course of litigation, big corporations that have exposed asbestos victims have attempted to reduce their obligation to compensate victims through filing claims that are frivolous. A skilled mesothelioma lawyer is adept at thwarting these tactics that are designed to delay your case until that you die or become too sick to fight for justice.