How to File an Asbestos Lawsuit
A mesothelioma lawyer can assist asbestos victims win compensation. The lawyers are experienced in making a convincing case with medical records, employment histories and other evidence.
They can decide if a settlement is better for the client than a trial. An experienced lawyer will determine if a client should file a claim against a trust fund.
Statute of Limitations
Asbestos victims diagnosed with mesothelioma or another asbestos-related disease have a range of options to seek compensation. To ensure their legal rights, asbestos victims must act quickly. Understanding the statute of limitations, a law which sets the period for which a plaintiff can bring a lawsuit against the party at fault, is important.
Mesothelioma attorneys are well-versed in state and federal asbestos laws and can help clients determine whether the statute of limitations applies to their particular situation. According to their state, patients generally have a specific timeframe within which they can file a lawsuit against asbestos.
Personal injury lawsuits, like have a statute of limitation of two years. In contrast, wrongful-death claims have a statute of limitation of one year. Wrongful death lawsuits can be brought by the survivors of mesothelioma patients who has passed away or their estate representatives.
In the majority of cases, the statute of limitations "clock" starts to begin to tick when a plaintiff is aware or should have realized they were exposed to asbestos and their condition was caused by the exposure. However, since mesothelioma suffers from an extended latency period that can range from 10 to 40 years before a mesothelioma diagnosis is established. The standard rule of thumb may not be applicable to all asbestos-related cases.
Other factors that may impact the time frame for asbestos lawsuits comprise
The statute of limitations can also be affected by the location of the victim, their employer and where they resided, as well as what asbestos-related products they were exposed to. This is because different states have different statutes of limitations.
Additionally, if a plaintiff had previously filed an asbestos lawsuit and it was dismissed or settled, they aren't prohibited from filing a claim for a different illness related to asbestos. This was ruled in the famous asbestos case Borel v. Fibreboard Paper Prods. Corp.
Damages
Compensation may be available for those suffering from asbestos-related diseases such as mesothelioma. Compensation can include damages for medical expenses that occurred in the past and future, lost income and discomfort and pain. A mesothelioma lawyer with experience can help a person assess the worth of their case during an informal case review.
In the United States courts award monetary damages to mesothelioma sufferers. The amount awarded can vary depending on several factors including the severity of a victim's health, the state in which they file their suit, and their previous work history.
Asbestos litigation is a lengthy mass tort and a few companies that manufactured asbestos-containing products have gone bankrupt because of the amount of claims brought against them. As a result, many asbestos victims have been able to collect damages from companies who assumed liability for the asbestos companies in bankruptcy proceedings and from asbestos trust funds.
Certain victims could also be entitled to punitive damage. These are intended to punish the defendant if he or she has been reckless or recklessly disregarding a risk that was well-known. In order to receive punitive damages, a victim must prove that the defendant went above and beyond simple negligence.
The companies that mined raw asbestos and then sold it to other companies for the production of asbestos-containing products could be held liable in some instances. In certain asbestos lawsuit settlements cases, companies that sold and distributed asbestos-containing products can also be held accountable. In addition to these businesses, a plaintiff's employer may be held liable for exposure to asbestos.
The family members of mesothelioma patients might also be entitled to compensation. This is particularly true in wrongful death cases. The estate representative of a victim who died can file a mesothelioma suit to seek justice for them and receive the financial settlement they deserve.
The laws governing asbestos claims in the United States are complex and differ from state to state. A mesothelioma lawyer can help a person determine the best jurisdiction to bring a lawsuit. A lawyer can also help in locating asbestos experts to testify at trial. A person who is represented in court by a mesothelioma attorney with experience has a better chance of obtaining the damages they are entitled to.
Expert Witnesses
An expert witness is someone with specific knowledge or experience in a specific field of study. In asbestos litigation, experts typically present evidence during the course of a trial to help determine the cause or the connection between exposure to asbestos fibers and a serious illness. These professionals are usually oncologists or industrial hygienists.
Expert witnesses are a crucial part of a successful asbestos lawsuit. However finding and vetting experts for asbestos litigation can be difficult and time consuming. An experienced attorney can make the necessary steps to avoid delays in this crucial stage of the legal process.
Before a case is heard it is essential to ensure that the experts are qualified to provide evidence that is valuable. This includes examining their education and training as well as examining the substance of their opinions, and determining if they are founded on reliable sources. Lawyers can also use this vetting procedure to determine whether an expert is likely to pass muster under the Frye or Daubert standards.
The best asbestos experts are those who have previously testified in similar cases. They have earned an excellent reputation, and they know how to respond to questions from defense counsel and present their information in a convincing way to jurors.
In addition to expert witnesses, a lawyer must also collect the most evidence to show that an asbestos sufferer was exposed to a particular product and that exposure led to their disease. It can be difficult to prove this because people may not be able to remember what asbestos-containing materials they were exposed to. The medical records of the victim could provide crucial clues and a lawyer could meet with the patient to inquire about the kinds of asbestos-containing materials used by the victim at work.
The defendants in asbestos cases can try to delay a trial by filing frivolous motions. Our mesothelioma lawyers have experience and are adept at securing against these tactics and ensuring that the case is resolved quickly. Contact us today to schedule a free consultation. Participating in this meeting does not mean you are bound to engage our firm.
Trial
The trial part of an asbestos lawsuit takes place when your attorney brings the facts of your case before the court. This is done by presenting evidence like your work background, medical evidence that you have been diagnosed and the products that you were exposed at your job. Your lawyer will identify the manufacturers or companies responsible for your exposure. The defendants will be given a specified number of days to respond. They can then either acknowledge to the allegations or deny them. If they deny the allegations then your lawyer will move forward with the trial.
A mesothelioma lawyer will know how to present the strongest argument possible to ensure that you receive the compensation you deserve. They will also be in a position to determine the best jurisdiction for your claim. Many law firms with national offices are able to easily transfer claims to the state that is the most beneficial for their clients.
Asbestos victims typically have to deal with multiple defendants, therefore your mesothelioma lawyer might submit a motion for multidistrict lawsuit (MDL) to assist in managing the case. The MDL procedure helps reduce costs and reduce the chance of inconsistent rulings. Your lawyer will carefully review the evidence in your case to determine if an MDL is required.
Many asbestos-producing companies have been bankrupted. They have established trusts to pay compensation to asbestos victims who have suffered in the past and in the near future. You cannot sue an asbestos-contaminated company in court.
The MDL will be assigned by a judge or judges at the time it is created. The judge will conduct a conference and discuss the cases as well as any issues in the litigation.
During the discovery phase, your mesothelioma attorney will gather information from the asbestos companies that are defendants. This will include written documents (interrogatories) and oral evidence (depositions). During this period your attorney will attempt to reach a settlement with the financial institution.
Most asbestos claims are settled before the trial date. Your mesothelioma lawyer should value your input and be in contact with you throughout the legal process to determine what may be in your best interests. You have the right to appeal a ruling if you are unhappy.