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How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is due to asbestos-containing products were used at various sites by victims. An experienced mesothelioma lawyer can assist you in understanding your compensation options. You may be able receive compensation from the company which manufactured or installed asbestos or from an asbestos trust fund set up to pay claims. How to File a Claim In most states, mesothelioma sufferers and those suffering from other asbestos-related illnesses can submit claims for compensation. The process is complex however, lawyers are there to assist victims and their families get the money they need. The attorneys and the victims need to work closely together to build a strong claim. This includes providing employment and medical records and testimony from family members. When pursuing compensation the victims and their lawyers will typically bring a lawsuit against the companies that exposed them. This includes companies that mined asbestos or manufactured asbestos-based products, and employers who failed to protect workers from exposure to asbestos. Families may also bring a lawsuit for wrongful deaths if their loved ones died from an asbestos-related disease. The time frame for filing a lawsuit against mesothelioma can vary from state-to-state, but usually begins when a person is diagnosed with a condition that is related to asbestos. Get in touch with a mesothelioma attorney as soon as possible to learn more what options you have to receive compensation. Attorneys will review the case details and determine whether it is worth the effort during a free consultation. They will ask the patient about their employment history, military service, and mesothelioma diagnosis to determine when and how they were exposed. Broken Arrow asbestos lawyer will then explain the different types of compensation a victim might be entitled to. This could include compensatory damages to cover the patient's financial needs, such as medical expenses and income loss. In certain cases, patients are able to receive additional financial assistance in the form of health insurance or disability benefits. In these instances, an attorney will 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 through lawsuits. These lawsuits convey the message that companies who place profits over safety have to pay for their negligence. Although compensation isn't able to help restore health or bring back the life of a loved one, it can help pay for life-extending treatment and provide financial security to affected family members. A lawyer who is knowledgeable about the mesothelioma's nuances and complexities of litigation can assist clients through each step of the procedure. One of the most crucial steps is a case review or case evaluation. This is a chance for you and your attorney to talk about your history of exposure in person or on the phone. During the review, your attorney will be in a position 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 review your employment history and military records to determine where you were exposed. To win a mesothelioma case you must show where and how you were exposed. It isn't easy for mesothelioma victims to prove their asbestos exposure particularly if it happened long before they were diagnosed with the illness. Mesothelioma symptoms can take anywhere from 20 to 50 years to develop which makes it difficult to determine the connection 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 to listen to complaints from asbestos defendants that NYCAL's dockets have been modified to favor asbestos plaintiff law firms like Weitz & Luxenberg. He was charged with clearing up the mess and rebuilding confidence in the NYCAL system. Discovery Phase In a lawsuit, the parties exchange information on their respective positions. This is known as discovery. This can involve examining documents and interviewing witnesses under oath, known as depositions. Both parties will also share information and testimony from experts on medical and safety concerns. Defense lawyers have been infamous in asbestos litigation to employ consultants and scientists who are employed to discredit the plaintiffs' claims. It is crucial to have a seasoned lawyer on your side during this stage. Asbestos cases usually involve multiple defendants. It could have occurred at many different places that a person was exposed. Many different manufacturers or companies can be held responsible. For instance, a mesothelioma lawsuit might claim that a worker was exposed to asbestos at a factory in one state or an oil refinery in a different and in the construction of an electric power plant in another place. Mesothelioma symptoms typically develop between 10 to 40 years after exposure. According to the laws of the state, those diagnosed with mesothelioma may have between one and five year before the time limit expires. Mesothelioma is a rare type of cancer. People who are diagnosed with it receive compensation for medical costs, funeral expenses and other expenses. A successful mesothelioma lawsuit can also award damages to compensate for pain, suffering and loss in quality of life. Many victims and their families have been awarded multimillion-dollar settlements. Some defendants have used bankruptcy as a way to avoid liability for injuries caused by asbestos. Johns-Manville for instance, filed for bankruptcy in 1986. The money was put into a trust fund that was set up to pay future asbestos claims. However the company has continued to manufacture asbestos-related products. Settlements Asbestos patients can claim compensation for medical expenses, lost income and pain and suffering through settlements for lawsuits and jury verdict awards. A knowledgeable mesothelioma lawyer will assist the victim through the legal process, filing the correct paperwork and defending the victim in court proceedings. Since the 1920s asbestos-related lawsuits have been filed. However, it wasn't until the 1970s that evidence was gathered that proved the link between asbestos exposure and certain kinds of cancer. As soon as the link was discovered, asbestos-related companies began to go under. They were also forced to establish large trust funds to pay for future litigation. These asbestos litigation issues led to the formation of the Asbestos Claims Facility in 1986 It was created to centralize the handling of claims and help manage the ever-growing litigation crisis. The number of asbestos-related cases increased, and in the early 2000s, there was a backlog of thousands of asbestos lawsuits. The amount of money mesothelioma patients could expect to receive as a result of an award from a jury or settlement will depend on a variety of factors, including the severity of the disease as well as the time between exposure and the first onset of symptoms. Victims should also think about the impact their illness affects their quality of life as well as any impairments that may result. Although some asbestos cases have resulted in large jury verdicts most victims opt for settlement instead of taking the case to trial. A settlement in a lawsuit is typically easier to win than a trial. And the possibility of an appeal could delay compensation for years. A settlement with a lawsuit lets the victim get away from the stress and anxiety of testifying at trial. Trial Years 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 can bring a lawsuit against the companies that are responsible for their affliction. State laws, called statutes-of-limitations, give people between one and three years to file an asbestos suit according to where they reside. Even after the statutes of limitations have expired, victims and their families may still be able recover compensation by suing companies who sold asbestos-related products or asbestos trust funds, which assume liability on behalf of those companies. As well as filing lawsuits on their own behalf the victims can also participate in group actions. This lets them make an action on behalf of other victims who have similar asbestos exposure experiences. However, it is important to keep in mind that joining a class action may limit your rights as a plaintiff and you will not be in a position to negotiate an individual award with defendants. Your lawyer will gather evidence during trial to demonstrate how you were exposed and which products that contain asbestos caused your illness. This involves the identification of asbestos producers as well as assembling information about their products, and the locations where asbestos was employed. Defendants may try to challenge this evidence, arguing that you did not establish your case. A mesothelioma lawyer can argue against these arguments and secure the compensation you deserve. Throughout the litigation, large 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 the victory against these strategies that are designed to delay your case so that you be unable to live or get sick to fight for justice.