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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. A mesothelioma attorney can help you understand the compensation options that are available to you. You could be eligible for compensation from the company that produced or installed asbestos or from an asbestos trust that was established to pay for claims. How to File a Claim In the majority of states, mesothelioma sufferers as well as those with other asbestos-related illnesses can make an action for compensation. Attorneys are available to assist victims and their family members in receiving the compensation they are entitled to. Attorneys and victims need to work closely together to create a solid claim. This includes providing evidence of employment and medical history as well as testimony from family members. When pursuing compensation the victims and their lawyers typically bring a lawsuit against the companies who exposed them to asbestos. This includes companies that mined asbestos raw or manufactured asbestos-based products, and employers who failed to protect workers from exposure to asbestos. Families can also file a lawsuit for wrongful death if their loved one died of an asbestos-related disease. The time limit for filing a mesothelioma lawsuit may vary by state, but generally starts when a person is diagnosed with an asbestos-related condition. People should consult with an expert mesothelioma lawyer in the earliest time as possible to understand the options available to seek compensation. At a no-cost mesothelioma consult attorneys will discuss the details of the case to determine whether it is worth pursuing. They will inquire about the patient's work history, military service, and mesothelioma diagnosis to pinpoint how and when the person was exposed. Lawyers will explain the various forms of compensation a victim might be entitled to. This could include compensatory damages to meet a patient's financial needs such as medical expenses as well as lost income and ongoing treatment costs. In some instances, patients are able to receive additional financial assistance through health insurance or disability benefits. In these instances, an attorney can explain the consequences of pursuing these options on the outcome of a case for mesothelioma. Case Review Victims and their families are able to seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits communicate that those who place profits over safety should be held accountable for their negligence. Compensation cannot bring back health or a loved one, but it can pay for treatment that prolongs the life of a person and provide financial security to families affected. A lawyer who understands the mesothelioma's ins and outs of litigation can guide clients through each step of the process. A case review is also referred to as an “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, your attorney will be able to assess how you were exposed to asbestos. Many mesothelioma patients 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 how you were exposed. To succeed in a mesothelioma claim you must be able to prove where and how you were exposed. It can be difficult for victims to prove that they were exposed to asbestos in particular if it occurred long before they were diagnosed with the illness. It could take up to 50 years for mesothelioma symptoms to be diagnosed, which makes it difficult to establish a link between asbestos exposure to the disease. In the wake the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton hosted a town hall to hear complaints by asbestos defendants on the docket of NYCAL being rigged in favor of asbestos plaintiff law firms like Weitz & Luxenberg. He was given the responsibility of cleaning up the mess and restoring trust in the NYCAL system. Discovery Phase In a lawsuit in a lawsuit, both sides discuss their positions in the case. This is referred to as discovery. Depositions may involve examining documents as well as interviewing witnesses under an oath. The lawyers for both sides will also discuss expert testimony and reports on safety and medical issues. Defendants in asbestos litigation have been known to engage consultants and scientists who can be used by defense lawyers to undermine plaintiffs claims. It is vital to have a skilled lawyer on your side during this stage. Asbestos claims typically involve multiple defendants. There may have been many locations where an individual was exposed to asbestos and several different manufacturers or companies could be held accountable. For example mesothelioma lawsuits may claim that a worker had been exposed to asbestos in an industrial facility in one state, an oil refinery in another and in the construction of an electric power plant in another area. Mesothelioma symptoms usually manifest between 10 to 40 years after exposure. Depending on state laws patients diagnosed with mesothelioma will have between one and five years to make an action before the time limit expires. Mesothelioma can be a rare cancer. Those who are diagnosed with it receive compensation for medical expenses funeral expenses, as well as other expenses. In addition an effective mesothelioma suit may also award damages for pain and suffering as well as loss of quality of life. A lot of victims and their families have received multimillion-dollar verdicts. However some defendants have opted for bankruptcy to avoid liability for asbestos-related injuries. Johns-Manville, for example has filed for bankruptcy in 1986. The funds were put into a trust fund that was set up to pay for future asbestos claims. However, the company has continued to manufacture asbestos products. Settlements Asbestos victims can receive compensation for medical expenses, lost income, and suffering through settlements for lawsuits and jury verdicts. A mesothelioma attorney will assist victims through the legal process, filing the required paperwork and defending them in court proceedings. The lawsuits claiming asbestos exposure and illnesses have been filed since the 1920s, but it was not until the 1970s that evidence built up to confirm the connection between asbestos and certain kinds of cancers. Once the connection was established asbestos companies began going bankrupt and were forced to set aside large trust funds to fund future lawsuits. These asbestos litigation issues led to the creation of the Asbestos Claims Facility in 1986 It was created to centralize the handling of claims and assist in managing the ever-growing litigation crisis. However, the number of cases pending continued to increase and by the time of the 2000s, there was a backlog of tens of thousands of asbestos lawsuits. The dollar amount that mesothelioma sufferers could expect to receive in the event of an award from a jury or settlement will depend on a variety of factors that include the severity of the disease as well as the time between the exposure and the first onset of symptoms. Victims should also consider the impact that their illness affects their quality of life and any impairments that might result. Although some asbestos cases have resulted in huge verdicts from juries, most victims choose to settle rather than go to court. A settlement in a lawsuit is typically more likely to be won than a trial. And the possibility of an appeal could delay compensation for a long time. Additionally, a settlement in a lawsuit allows the victim to get away from the stress and anxiety of testifying at trial. Trial After exposure, asbestosis, mesothelioma and other asbestos-related illnesses may develop. It is not unusual for asbestos-related victims to be stricken for a long period of time before they can sue the companies responsible for their condition. State laws, called statutes-of-limitations allow people between one and three years to file a lawsuit against asbestos depending on where they live. Even after Tempe asbestos attorneys of limitations have expired, victims and their families could be able to claim compensation through a lawsuit against the companies who sold them asbestos-related products or asbestos trust funds that assume responsibility for those companies. In addition to lawsuits brought by individuals and their families, victims are able to join in class actions, which permit them to make a claim 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 could limit your rights, and you won't be able negotiate a personal award. Your lawyer will collect evidence at trial to prove how you were exposed, and which specific products containing asbestos caused your illness. This includes identifying asbestos producers and assembling information about their products, including areas where asbestos was used. The defendants could try to counter this evidence and claim that you've not proved your case. A mesothelioma lawyer can argue against these arguments and secure the compensation you deserve. In the course of litigation, big corporations who exposed asbestos victims have tried to reduce their obligation to compensate victims by filing claims that are frivolous. A skilled mesothelioma lawyer is adept at securing victory over these strategies, which are designed to delay your case until that you will end up dying or becoming too sick to continue fighting for justice.