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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 number of places that used asbestos-containing products. An experienced mesothelioma lawyer can assist you in understanding your options regarding compensation. St. Charles asbestos attorney may be able to get compensation from the company that manufactured or installed asbestos or from an asbestos trust fund established to pay claims. How to File a Claim In the majority of states, patients of mesothelioma and other asbestos illnesses are able to file a claim to be compensated. 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 information to support their case, including employment and medical records, as well as testimonials from family members. When seeking compensation, victims and their lawyers typically bring a lawsuit against the companies that exposed them. This includes companies that mined asbestos, manufactured products containing asbestos and even employers who failed to protect their workers from exposure. Families may also sue for wrongful death if a loved one died of an asbestos-related illness. The time limit for filing a lawsuit against mesothelioma can vary from state-to-state, but usually begins when someone is diagnosed with a disease related to asbestos. It is recommended that people consult an expert mesothelioma lawyer as quickly as they can to find out the options for pursuing compensation. During a free mesothelioma consultation attorneys will go over the details of the case and decide whether it's worth the effort. They will inquire about the patient's work background, military service and mesothelioma diagnoses to determine how and when the person was exposed. The lawyers will explain to the victim what kinds of compensation they may be entitled. This can include compensatory damages that cover the financial needs of a patient such as medical expenses or lost income, as well as ongoing costs for treatment. In some cases, victims may be able to obtain additional financial aid such as disability or health insurance. In these instances, an attorney can explain how the pursuit of these options might affect the outcome of a mesothelioma lawsuit. Case Review Lawsuits against asbestos-related companies are an opportunity for asbestos victims and their families to seek compensation for the losses they suffered. These lawsuits communicate that those 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 prolongs life and provide financial security for affected family members. A lawyer who knows the ins-and-outs of mesothelioma lawsuits can guide clients through each step of the procedure. One of the most crucial steps is the case review or case evaluation. This is a chance for you and your mesothelioma lawyer to meet in person or over the phone and discuss your exposure background. During the examination, your attorney will be able assess the extent to which you were exposed asbestos. Many patients diagnosed with mesothelioma were exposed to the dangerous material at work or while serving in the military. Your attorney can examine the employment history and military records to determine how you were exposed. A successful mesothelioma lawsuit is based on proving how and when you were exposed to asbestos. It isn't easy for mesothelioma victims to prove that they were exposed to asbestos in particular if it occurred many years before they were diagnosed with the disease. Mesothelioma symptoms can take anywhere from 20 to 50 years to manifest, making it challenging 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 meeting to hear complaints by asbestos defendants about the docket of NYCAL being rigged in favor of asbestos plaintiff law firms like Weitz & Luxenberg. He's charged with clearing up the mess and restore confidence in the NYCAL system. Discovery Phase In a lawsuit, both sides share information about their respective positions in the case. This is known as discovery. This could involve looking at documents and also interviewing witnesses under oath. This is known as depositions. Both sides will also exchange reports and expert testimony regarding safety and medical issues. Defense lawyers have been known in asbestos litigation to hire scientists and consultants who can be employed to discredit the plaintiffs claims. It is vital to have a seasoned lawyer on your side during this phase. Asbestos claims typically involve multiple defendants. It could be at a variety of locations where a person was exposed. Many different companies or manufacturers can be held accountable. A mesothelioma lawsuit could claim that a worker was exposed to asbestos in a workplace or an oil refinery and a power plant. The signs of mesothelioma are usually apparent between 10 and forty years after exposure. Depending on state laws, individuals diagnosed with mesothelioma have between one and five years to make an action before the statute of limitations expires. People diagnosed with the rare cancer that is mesothelioma are usually compensated to cover medical expenses, funeral costs and other expenses. A successful mesothelioma case 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. Some defendants have used bankruptcy to avoid liability for injuries caused by asbestos. Johns-Manville for instance, filed for bankruptcy in 1986. The money was placed into a trust fund that was set up to cover future asbestos claims. However, the company has continued to produce asbestos-related products. Settlements Through settlements of lawsuits or verdicts of a jury, asbestos victims are entitled to compensation for medical expenses, lost income and pain and suffering. A mesothelioma attorney will assist victims through the legal process by submitting the required paperwork and defending them at court proceedings. The lawsuits claiming asbestos exposure and illnesses have been filed since the 1920s, but it wasn't until the 1970s that evidence built up to confirm the connection between asbestos and certain kinds of cancers. When the link was confirmed, asbestos companies began to fail. They were also forced to establish large trust funds in order to pay for future litigation. In 1986, these asbestos litigation issues led to the Asbestos Claims Facility to be formed. It was set up to centralize the handling of claims and assist in managing the increasing litigation issues. The number of pending asbestos cases increased and in the 2000s, there was a backlog involving thousands of asbestos lawsuits. The dollar amount that mesothelioma patients is likely to receive as a result of a jury award or settlement depends on a number of factors that include the severity of the disease as well as the time between exposure and the onset of symptoms. Victims must also consider the impact their condition has on their quality of life as well as any impairments that may result. Although some asbestos cases have resulted in huge verdicts by juries, the majority victims settle their cases instead of taking the case to court. It is typically simpler 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 a number of years. A settlement with a lawsuit lets the victim stay clear of the stress and trauma of testifying in court. Trial Mesothelioma, asbestosis and other asbestos-related diseases can occur years after exposure. This means victims often have a long time to file lawsuits against companies responsible for their ailments. State laws, called statutes-of-limitations, give people between one and three years to file an asbestos suit depending on where they live. Even after these statutes of limitation have expired victims and their families could be eligible to receive compensation through a lawsuit against the companies who sold them asbestos-related goods or asbestos trust funds that assume responsibility for the companies. In addition to lawsuits filed by victims on their own and their families, victims are able to join in class actions, which permit them to bring a lawsuit on behalf of a group of victims with similar asbestos exposure history. It is crucial to keep in mind that joining a class action may restrict your rights and you won't be able to negotiate an individual award. At trial your lawyer will collect evidence to show the extent to which you were exposed and the specific asbestos-containing products that caused your illness. This includes identifying asbestos manufacturers and assembling information about their products, including the locations where the asbestos was used. Defendants may try to challenge this evidence, arguing that you did not demonstrate your case. A mesothelioma lawyer can defend these arguments and obtain the compensation you deserve. Throughout the litigation, large corporations that have exposed asbestos victims have attempted to minimize their obligation to compensate victims by filing claims that are not legitimate. A knowledgeable mesothelioma lawyer is adept at thwarting these tactics, which are designed to delay your case until that you die or become too sick to fight for justice.