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How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. The reason for this is that asbestos-containing products were used at various locations by victims. A mesothelioma attorney can help you understand the compensation options available to you. You could be eligible to receive compensation from the company that produced or installed asbestos or from an asbestos trust set up to settle claims. How to File a Claim In the majority of states, mesothelioma sufferers and those suffering from other asbestos-related illnesses can submit a claim for compensation. Attorneys are available to assist victims and their family members in getting the compensation they deserve. Victims must work closely their attorney, supplying information to support their case, such as documents from employment and medical records and testimonies from family members. When seeking compensation, victims and their lawyers usually pursue a lawsuit against businesses that exposed them. This includes companies that extracted asbestos, made products that contain asbestos, and even employers who did not protect their employees from exposure. Family members can also file a wrongful death suit when a loved one dies due to an asbestos-related disease. The time limit for the filing of a mesothelioma suit can differ by state, but it usually starts when a person is diagnosed with an asbestos-related condition. Consult a mesothelioma attorney immediately to find out about your options to receive compensation. Attorneys will discuss the case's details and decide whether it is worth investigating in a no-cost consultation. They will inquire with the patient about their job history, military service and mesothelioma diagnoses to pinpoint when and how they were exposed. The lawyers will explain to the victim what kinds of compensation they may be entitled to. This can include compensatory damages to meet the financial requirements of a patient, such as medical bills as well as lost income and ongoing costs for treatment. In some cases, victims are able to receive additional financial assistance through health insurance or disability benefits. In these cases an attorney will explain the implications of exploring these options on the outcome of a case for mesothelioma. Case Review Victims and their families are able to seek financial compensation from asbestos companies via lawsuits. These lawsuits communicate that companies who put profits over safety must pay for their negligence. Compensation will not bring back health or a loved one, but it can pay for treatment that extends life and provide financial security for families affected. A lawyer who understands the mesothelioma's nuances and complexities of litigation can help clients navigate each step of the procedure. One of the most important steps is the case review which is also referred to as a case evaluation. This is a chance for you and your attorney to discuss your exposure history in person or on the phone. During the review, your attorney will be in a position to determine the extent to which you were exposed. Many people who have been diagnosed with asbestosis were exposed hazardous substance while working or in the military. Your attorney can review your details of your military and employment history to determine where you were exposed. A successful mesothelioma lawsuit is based on establishing the manner and location you were exposed to asbestos. It isn't easy for mesothelioma victims to prove their exposure to asbestos, especially if it occurred several years before they were diagnosed with the illness. Mesothelioma symptoms may take 20 to 50 years to develop, making it challenging to connect the dots between exposure and the asbestos-related disease. In the aftermath of the Sheldon Silver corruption scandal, Manhattan Administrative Justice Peter Moulton held a town hall meeting to hear complaints from asbestos defendants who claim that NYCAL's docket has been manipulative to favor asbestos plaintiff law firms, such as Weitz & Luxenberg. He was given the task of clearing up the mess and restoring trust in the NYCAL system. Discovery Phase In a lawsuit, both sides exchange information on their respective positions. This is called discovery. This can involve examining documents and also interviewing witnesses under oath. This is known as depositions. Lawyers for both sides will also provide the testimony of experts and reports on safety and medical issues. Defense lawyers have been infamous in asbestos litigation to engage experts and consultants who are employed to discredit the plaintiffs claims. In this phase of the process, it's essential to have an experienced lawyer to represent you. Asbestos cases often involve many defendants. There could have been numerous locations where an individual was exposed to asbestos, and various companies or manufacturers could be held liable. For example mesothelioma lawsuits could allege that a worker was exposed to asbestos at a factory in one location and an oil refinery in another, and in the construction of a power plant in still another area. The symptoms of mesothelioma typically show between 10 and forty years after exposure. According to the laws of the state that treat mesothelioma patients, they may experience between one and five years before the statute of limitation expires. People diagnosed with the rare cancer that is mesothelioma usually receive compensation to cover medical expenses funeral costs, and other expenses. A successful mesothelioma lawsuit could also award damages to compensate for pain, suffering and loss of quality of life. Many families of victims have been awarded multimillion-dollar settlements. 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 a trust to pay out future asbestos claims, but has continued to produce asbestos-related products. Settlements Asbestos victims can receive compensation for medical expenses, lost income, and suffering through lawsuit settlements and jury verdict awards. An attorney for mesothelioma will guide victims through the legal process by filing the required paperwork and defending them at court proceedings. Fullerton asbestos lawyers claiming asbestos exposure and diseases have been filed from the 1920s onward, but it was not until the 1970s that evidence built up to confirm the connection between asbestos and certain kinds of cancers. After the connection was established asbestos companies began going into bankruptcy and were required to put aside large trust funds to pay for future lawsuits. 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 ever-growing litigation crisis. The number of asbestos-related cases grew and by the 2000s there was a backlog involving thousands of asbestos lawsuits. The amount mesothelioma sufferers could expect to receive in the event of an award from a jury or settlement depends on a number of factors, including the degree of the disease and the time between exposure and the beginning of symptoms. Victims must also consider the impact their condition affects their quality of life as well as any impairments that could result from it. Although some asbestos cases have resulted in large jury verdicts, the majority of asbestos victims choose to settle for an agreement instead of taking the case to trial. It is typically easier for a plaintiff to win a lawsuit settlement than to win at trial, and the possibility of appeals can tie up the amount of compensation for a long time. A settlement with a lawsuit allows the victim to stay clear of the stress and trauma of appearing in court. Trial After exposure, asbestosis, mesothelioma and other asbestos-related illnesses may develop. This means that victims typically have an extended time frame to file lawsuits against the companies that caused their illness. State laws known as statutes of limitations typically allow individuals between one and three years from diagnosis or discovery to file an asbestos lawsuit depending on where they live. Even after these statutes of limitations have passed victims and their families could be able to claim compensation through a lawsuit against businesses that sold them asbestos-related products or asbestos trust funds that take on the liability for the companies. In addition to lawsuits brought by individual victims, victims can join class actions that allow them to bring a lawsuit on behalf of an entire group of victims with similar asbestos exposure histories. It is crucial to keep in mind that joining a class action could restrict your rights as a plaintiff and you will not be in a position to negotiate an individual award with defendants. Your lawyer will collect evidence at trial to show you how you were exposed and which products that contain asbestos contributed to your condition. This includes identifying asbestos producers and compiling information on their products, including the locations where the asbestos was used. The defendants can try to counter this evidence, arguing that you did not prove your case. A mesothelioma lawyer will be able to refute these arguments and get the compensation you are entitled to. Throughout the litigation, large companies that exposed asbestos victims have tried to minimize their responsibility to compensate victims through filing claims that are frivolous. A skilled mesothelioma lawyer is adept at securing the victory against these strategies that are designed to delay your case, so that you end up dying or becoming too sick to fight for justice.