Asbestos Lawsuits
Asbestos victims seek justice against the companies that exposed them to asbestos. These lawsuits are distinct, and they deal with a myriad of factors. The majority of mesothelioma cases settle prior to trial. However, a reputable mesothelioma law firm will be prepared to go to trial if needed.
In most civil cases the statute of limitations, which is the period of time during the time a claim has to be filed--begins to run at the moment an injury occurs. However, in the case of asbestos exposure, the clock starts at the moment a victim is diagnosed.
Statutes Limitations
Asbestos victims must be aware of the statutes of limitation for their case. By selecting the right attorney at the beginning of the process, you will be sure that your claim will be filed within the time limit that is set by your state. This will also allow your lawyer to conduct an investigation into the responsible party and gather all available evidence for the case.
Typically the statute of limitations for personal injury claims begins at the time the incident occurred. However, in asbestos-related cases involving mesothelioma as well as other lung diseases caused by exposure to the toxic mineral, patients may not be aware of a disease until decades after their initial exposure. States have passed special rules to delay the statutes of limitations in these cases because of the long latency periods for asbestos-related diseases.
In New York, for example, a plaintiff can make a claim for a lawsuit within three years after the date of diagnosis. In Minnesota, asbestos victims also have two years to file lawsuits against mesothelioma or other diseases.
In addition, certain cases were filed after the statute of limitations has already expired. This is typically because the victims suffer from the debilitating effects of mesothelioma for a long time prior to being diagnosed. It can be difficult for them to grasp the statute of limitations and how it applies to their case.
Because of the large financial burden asbestos-related companies are facing, many have had to liquidate or shut down their business. They have been forced, because of this, to establish trust funds for asbestos victims and their families.
This has led to an unique situation in which asbestos victims can file multiple lawsuits even the statute of limitations has run out. However the Supreme Court has not yet determined whether the discovery rule or statute of limitations should apply to these claims. Asbestos victims can always rely upon an experienced asbestos lawyer to file their lawsuits before the time when the statute of limitations runs out. They could be denied the compensation that they deserve if they don't.
Damages
Victims of asbestos lawsuits are awarded compensation for their injuries. The compensation may be provided by the companies that produced or installed asbestos, or by trust funds established to pay for mesothelioma. The amount of compensation paid depends on the degree of exposure of the victim to asbestos, the symptoms they experience and the type of illness with which they have been diagnosed.
Each case of asbestos exposure resulting in illness is unique. There are some common elements that are common to every case. For example, a mesothelioma lawyer must prove that the victim was exposed to asbestos, and that the exposure resulted in a serious condition like mesothelioma or an asbestos-related disease. The plaintiff also has to establish the responsibility of the company for their injuries.
To prove this, a mesothelioma law firm must gather and review medical evidence of the patient's exposure. This could include employment records and police reports. The mesothelioma lawyer should also be able show that the asbestos company was negligent in not warning employees and customers about the dangers associated with the product.
In certain cases, victims can also receive punitive damages. This is meant to punish the company and deter them from acting negligently in the future. In most instances these damages are awarded in addition to compensatory damages.
Compensation in a lawsuit involving asbestos may be used to pay for the primary treatment, the loss of income, as well as the pain and suffering that is associated with the disease. The compensation will also ensure that responsible companies properly manage asbestos in the future, preventing any further harm to others.
Asbestos victims usually receive compensation for their losses through an arbitration or settlement process. These can be agreed to before, during or after the trial. A trial is the time when a judge or jury decides the amount of money a company must pay to the victim. The decision may be accepted, challenged or rejected by the victim. The victim may opt to appeal in a trial. This could delay any financial award however, it will require defendants post an initial bond until the appeal is ruled on.
Locating an attorney
Asbestos is a naturally-occurring mineral that was used in many types of construction materials. It's a flammable material and an insulation material, and it's extremely harmful to humans. Exposure to asbestos could cause a myriad of serious health conditions including mesothelioma. Companies that manufacture asbestos, or use it to handle asbestos are responsible for protecting their workers as well as their health. They must ensure all asbestos is removed in a safe manner prior to the workers are allowed into structures or buildings. They should also inform their employees of the dangers posed by this substance. If a company does not adhere to these standards and obligations, it must be held accountable for its actions.
A mesothelioma attorney with experience can help families and victims get the compensation they deserve. The funds could cover the hefty cost of primary treatments and ongoing treatment, as well as funeral expenses, loss of income as well as pain and suffering and much more. In some cases, a successful lawsuit can help hold negligent companies accountable and change the way companies manage this toxic substance in the future.
A skilled attorney can collect and analyze evidence that proves your exposure to asbestos and the way it contributed to asbestos exposure symptoms your illness. They can collaborate with experts such as medical professionals or industrial hygienists to establish a connection between your asbestos exposure and mesothelioma. This is a vital step to a successful claim because it is the only method to get full settlement.
It's crucial to find an agency with extensive experience dealing with asbestos cases. Many of the most respected firms have a national practice and are able to serve clients from all over the world. They are also aware of the specific laws of each state that govern these cases. In New York, you have up to three years from the diagnosis or death of a loved one before you can file an asbestos claim.
It's important to know the amount an asbestos attorney charges for their service. Some lawyers charge a fixed amount while others take an amount of the settlement or verdict they obtain. Choose an attorney who will explain all fees upfront, so you know the amount you're paying for.
Prepare for the trial
The mesothelioma trials process will begin when your lawyer has collected all of the necessary information for your case. This will include your work background, medical evidence of your mesothelioma diagnosis and an inventory of defendants or asbestos companies that you consider responsible for your exposure.
During the discovery phase, your lawyer will make demands to defendants to provide any documents that support your claim that you were exposed to asbestos. They will also request to take your deposition. This is an opportunity for attorneys on both sides of the argument to ask you questions while under an oath. Your attorney will help you prepare for the deposition and will be there for you every step of the procedure. If you are unable travel due to your condition, your mesothelioma lawyer will prepare an audio or video recording of your testimony which will be used in the trial.
Once all the evidence is collected, your attorney will file the lawsuit in a court within the jurisdiction in which you reside. The judge will set a date for an settlement conference or trial. This could occur a few weeks or even a year after filing the lawsuit.
Find a reputable mesothelioma lawyer as soon as possible after receiving a diagnosis. The majority of states have specific statutes which must be adhered to in order to file an action. The sooner you get started, the better your chances of a positive outcome.
A mesothelioma lawsuit can assist victims and their families recover the financial compensation they incurred for their loss. The amount you receive will be contingent on the amount your asbestos lawyer can prove that you were exposed to asbestos and the extent of your injuries. The compensation from asbestos suits could be used to pay for medical expenses, lost income and other expenses resulting from your illness. If you win the trial, you'll most likely receive your money within a few months of the verdict. However, if the defendants decide to appeal, there may be a delay to your monetary award.