How to File an Asbestos Lawsuit
A mesothelioma lawyer can help asbestos victims get compensation. The lawyers are adept at building a strong case using medical records, employment histories, and other evidence.
They can determine whether the option of a trial or settlement is best for the client. An experienced attorney can also determine if a victim should submit a trust fund claim.
Statute of Limitations
Asbestos patients who are diagnosed with mesothelioma, or another asbestos-related disease have a variety of options for receiving compensation. To safeguard their legal rights, asbestos victims must act immediately. Knowing the statute of limitations, a law which sets the time limit for when a plaintiff can file a suit against those at fault, is important.
Mesothelioma lawyers are knowledgeable of state and federal asbestos laws and can assist clients in determining the statute of limitations applicable to their case. According to their state, patients generally have a specific timeframe within which they can file a lawsuit against asbestos.
Personal injury lawsuits, for example have a statute of limitation of two years, whereas those claiming wrongful death have a time of limitation of one year. For wrongful death, lawsuits can be filed by survivors of a deceased mesothelioma victim or their estate representatives.
In the majority of instances, a plaintiff's "clock" begins to tick when they are aware or ought to have known they were exposed to asbestos and that the exposure triggered their disease. Because mesothelioma is a latency-related disease, it may take 10 to 40 years to diagnose. The standard rule might not be applicable in all asbestos-related cases.
Other factors that can affect the time limit for asbestos lawsuits include:
The location where the victim was exposed to asbestos, where they lived and the place where they worked as well as the type of asbestos-related products that the victim was exposed to, could also affect the statute of limitations. It's because each state has its own statute of limitations.
In addition, if a plaintiff previously filed an asbestos lawsuit and it was dismissed or settled, they aren't prohibited from filing a claim for a different asbestos-related illness. This was ruled in the 1973 famous asbestos case Borel v. Fibreboard Paper Prods. Corp.
Damages
Someone suffering from an asbestos-related disease such as mesothelioma may be entitled to compensation for their injuries. Compensation may include damages for medical expenses that occurred in the past and in the future loss of income, pain and discomfort. A mesothelioma attorney can help determine the value of a case during a free consultation.
In the United States, courts award mesothelioma victims financial damages. The amount awarded is based on a variety of variables that include the severity and state where the plaintiff filed their lawsuit and also their work history.
Asbestos litigation has been a long-running mass tort, and some companies that manufacture asbestos-containing products have been forced to go bankrupt due to the large number of lawsuits brought against them. As a result, many asbestos victims have been able to collect damages from companies who assumed responsibility for asbestos companies in bankruptcy proceedings and from asbestos trust funds.
Certain victims could also be entitled to punitive damages. These are meant to penalize the defendant when they have committed a reckless act or knowingly disregarding a risk that was well-known. To receive punitive damage, the victim must show that the defendant did more than simply show negligence.
In some instances, companies that mined asbestos and then sold it to other companies to make asbestos-containing goods may be held responsible. In some instances, the companies that sold and distributed asbestos-containing products may also be held responsible. In addition to these companies, a plaintiff's employer may be held accountable for asbestos exposure.
The family members of mesothelioma patients could also be entitled to compensation. This is especially applicable in wrongful death cases. An estate representative of a deceased victim's estate can start a mesothelioma wrongful-death lawsuit on their behalf to seek justice and obtain the fair financial compensation they are entitled to.
The laws that govern asbestos claims in the United States vary from state to state and are a bit ambiguous. An experienced mesothelioma lawyer can help a person decide the most appropriate state to file a mesothelioma suit. A lawyer can also help in finding asbestos experts who can testify at trial. A person who is represented in court by a mesothelioma attorney with experience has a better chance of receiving the damages they are entitled to.
Expert Witnesses
An expert witness is one who has specific knowledge or expertise in a specific subject area. In asbestos litigation, experts often provide evidence during an instance that helps determine the cause or the connection between exposure to asbestos fibers and serious illness. They are typically industrial hygienists or oncologists.
Expert witnesses are an essential component of a successful asbestos lawsuit. Finding and screening asbestos litigation experts can be time-consuming and difficult. A knowledgeable attorney will take steps to avoid delays at this crucial stage in the legal process.
Before a case is put to trial, experts must be vetted to determine if they are competent to provide a credible testimony. This involves examining their knowledge and experience, as well as reviewing their opinions and determining if they are founded on reliable sources. A lawyer can also utilize this vetting process to determine if an expert is likely to asbestos cancer lawsuit pass muster under the Frye or Daubert standards.
The most competent experts in an asbestos lawsuit are those who have been a witness in similar cases. They have earned an excellent reputation and know how to answer questions from defense counsel and present their information in a convincing way to jurors.
A lawyer must gather as much evidence, including expert witnesses, to prove that asbestos-related victims were exposed to a specific product and that exposure led to their illness. This can be a challenge, since victims typically don't remember the specific asbestos-laden materials that they were exposed to. The medical records of the victim can provide crucial clues. A lawyer may also meet with the patient to understand the materials employed by the individual at work.
Defendants in asbestos cases may attempt to delay a trial by filing frivolous motions. Our experienced mesothelioma lawyers are skilled at thwarting these tactics and making sure that the case proceeds quickly. To get started with your case, call us to schedule a free initial consultation. Participating in this meeting does not mean you are obligated to hire our firm.
Trial
In the trial stage of your asbestos lawsuit your lawyer will argue your case in court. This is accomplished by presenting evidence such as your employment background, medical evidence that you've been diagnosed and the products that you were exposed at work. Your lawyer will determine the manufacturers and companies responsible for your exposure. The defendants have a certain number of days to respond. They can then either admit to the allegations or reject them. If they deny the allegations, your lawyer will proceed with the trial.
A mesothelioma lawyer will know how to build the strongest case possible to ensure that you receive the compensation you deserve. They can also help to determine the best place for your claim. Many experienced law firms have national offices, which means they are able to transfer a claim to the most favorable state for their clients.
Asbestos patients are usually faced with multiple defendants. Your mesothelioma attorney may file a multidistrict litigation motion (MDL) in order to manage the case. The MDL process helps reduce costs and decreases the chance of inconsistent decisions. Your attorney will carefully analyze the evidence in your case to determine whether an MDL is required.
Many asbestos-producing companies have gone bankrupt. They have created trusts to compensate asbestos victims in the past and in the future. But, you can't sue a company that went bankrupt for asbestos exposure in the court system.
Once the MDL is approved the MDL will be assigned to a judge or judges. The judge will convene a conference to discuss the cases and any issues in the litigation.
During the discovery stage, your mesothelioma lawyer will collect information from Defendant asbestos companies. This will include written documents (interrogatories) as well as oral testimony (depositions). During this time your lawyer will attempt to come to an agreement on the financial settlement.
The majority of asbestos claims will be settled well before the trial date. Your mesothelioma attorney should value your input and work with you during the legal process in order to determine the best option for your interest. If you are not satisfied with the outcome of your case you are entitled to seek a further review, which is known as an appeal.