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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 many sites by victims. A mesothelioma lawyer can help you understand the compensation options available to you. You could be eligible for compensation from the company who constructed or installed asbestos, or from an asbestos trust set up to pay for claims. How to File a Claim In the majority of states, patients of mesothelioma and other asbestos-related illnesses can file a legal claim to be compensated. The process can be complicated, but attorneys are available to help victims and their families receive the money they deserve. Victims and their attorneys must work together to construct a strong claim. This includes providing employment and medical records and testimony from family members. To obtain compensation, victims and lawyers will usually file a lawsuit against the company who exposed them to asbestos. This includes companies who produced products that contain asbestos, and even employers who did not protect their employees from exposure. Families can also file a lawsuit for wrongful death if their loved ones died from an asbestos-related illness. The time limit for filing a mesothelioma lawsuit can differ by state, but generally starts when a person is diagnosed with an asbestos-related illness. Consult a mesothelioma attorney as soon as possible to know more about your options to receive compensation. At a no-cost mesothelioma consult attorneys will discuss the specifics of the case and determine whether it's worth the effort. They will inquire with the patient about their employment history, military service and mesothelioma diagnosis to determine the time and manner in which they were exposed. Lawyers will then go over the different types of compensation a victim might be entitled to. This can include compensatory damage to meet financial requirements such as medical expenses and income loss. In some cases, victims might be eligible for additional financial aid such as health insurance or disability benefits. In these instances an attorney will explain how seeking these options might affect the outcome of a mesothelioma claim. Case Review Families of victims can seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits convey that those who place profits over safety should be held accountable 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 to the family members affected by the illness. A lawyer who knows the ins and outs of mesothelioma litigation can help clients navigate each step of the process. A case review is also referred to as an “case evaluation”. This is an opportunity for you and your attorney to discuss your history of exposure in person or on the phone. During the review your attorney will be able to assess the extent to which you were exposed asbestos. Many people who have been diagnosed with asbestosis were exposed to this hazardous substance while working or in the military. Your attorney can review your documents of your employment and military records to determine the place you were exposed. A successful mesothelioma lawsuit is based on establishing how and where you were exposed to asbestos. It isn't easy for mesothelioma victims to prove their exposure to asbestos particularly if it happened several years before they were diagnosed with the illness. Mesothelioma symptoms can take anywhere from 20 to 50 years for the development 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 the complaints of asbestos defendants who claim that NYCAL's docket has been modified to favor asbestos plaintiff law firms, such as Weitz & Luxenberg. He's been tasked with clearing up the mess and restoring confidence in the NYCAL system. Discovery Phase In a lawsuit, the parties exchange information on their respective positions. This is referred to as discovery. This could involve looking at documents and also interviewing witnesses under oath, known as depositions. Indianapolis asbestos lawsuits will also share information and testimony from experts regarding safety and medical issues. Defense attorneys have been known in asbestos litigation to engage consultants and scientists who can be used to discredit the plaintiffs' claims. In this phase of the process, it's important to have an experienced lawyer to represent you. Asbestos cases often involve many defendants. There could have been a variety of places where a person was exposed to asbestos, and several different manufacturers or companies could be held responsible. For example mesothelioma lawsuits may claim that a worker was exposed to asbestos in a factory in one location, an oil refinery in a different and in the construction of an electric power plant in another area. The symptoms of mesothelioma typically show between 10 and 40 years after exposure. According to the laws of each state those 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 are compensated for medical costs funeral expenses, and other expenses. In addition an effective mesothelioma suit may also award damages for pain and suffering and loss of quality of life. Many victims and their family members have received multimillion-dollar verdicts. However some defendants have opted for bankruptcy to avoid responsibility for asbestos-related injuries. Johns-Manville, for example, filed for bankruptcy in 1986. The money was put into a trust fund to pay for future asbestos claims. However the company has continued to manufacture asbestos-related products. Settlements Through settlements of lawsuits or jury verdicts, asbestos victims are entitled to compensation for medical expenses, lost income and pain and suffering. A mesothelioma lawyer who is knowledgeable will guide the victim through the legal process, submitting the correct paperwork and defending the victim in court proceedings. Since the 1920s asbestos-related lawsuits have been filed. However it wasn't until 1970s that evidence was gathered that proved the link between asbestos exposure and certain types of cancer. As soon as the link was confirmed, asbestos companies began to fail. They were also required to establish trust funds in order to pay for future litigation. In 1986, these asbestos litigation issues led the Asbestos Claims Facility to be created. It was set up to centralize the handling of claims as well as to help manage the growing litigation issues. The number of asbestos-related cases grew and in the 2000s, there was a backlog involving thousands of asbestos lawsuits. The amount of money mesothelioma patients is likely to receive as a result of an award from a jury or settlement is contingent upon a variety of factors, including the severity of the disease and the time between exposure and the beginning of symptoms. Victims should also take into account the impact of their condition on their quality of life and any resulting impairments. While some asbestos cases ended in huge verdicts by juries, the majority victims prefer to settle rather than take the case to court. A lawsuit settlement is usually easier to win than a trial. And the possibility of an appeal could delay compensation for years. Settlements in lawsuits also allow the victim to avoid stress and trauma of having to testify in court. Trial After exposure, asbestosis, mesothelioma and other asbestos-related illnesses may develop. This means victims often have a long time to file lawsuits against the companies that caused their illness. State laws, also known as statutes-of-limitations allow people between one and three years to file a lawsuit against asbestos depending on where they live. Even after these statutes of limitations expire the victims and their loved ones could be able to claim compensation through a lawsuit against companies who sold them asbestos-related products or asbestos trust funds that assume liability for the companies. In addition to lawsuits filed by individual victims and their families, victims are able to join in class actions, which allow them to bring a lawsuit on behalf of an entire group of victims with similar asbestos exposure histories. It is important to remember that joining a group action can restrict your rights and you won't be able negotiate an individual award. At trial the lawyer will gather evidence to prove the extent to which you were exposed and the specific asbestos-containing products that caused your disease. This involves identifying asbestos-containing manufacturers and assembling information about their products, as well as the places where asbestos was used. The defendants can try to counter this evidence, arguing that you did not prove your case. A mesothelioma lawyer can refute these arguments and get the compensation you are entitled to. Throughout the litigation process large corporations that exposed victims asbestos have tried to minimize their liability to compensate victims by filing flimsy motions. A skilled mesothelioma lawyer is adept at securing victory over these tactics, which are designed to delay your case so that you will die or become too sick to continue fighting for justice.