Ten Asbestos Lawsuits That Really Change Your Life

How to File an Asbestos Lawsuit

A mesothelioma lawyer can assist asbestos victims win compensation. The lawyers are experienced in building a strong case using medical records, employment histories, and other evidence.

They can decide if a settlement is better for the client than a trial. An experienced attorney can also determine if the victim is eligible to make a claim to a trust fund.

Statute of Limitations

asbestos attorneys victims diagnosed with mesothelioma or other asbestos-related disease have a variety of options for compensation. However, they should act swiftly to ensure that their rights are protected. This includes knowing the statute of limitations, a law that defines the time that a plaintiff must bring an action against the parties at fault.

Mesothelioma lawyers are aware of federal and state asbestos laws and can help clients determine the statute of limitations applicable to their specific case. According to their state, asbestos victims generally have a specific time period in which they can file a lawsuit against asbestos.

Personal injury lawsuits, such as have a limitation period of two years. In contrast, the wrongful death claims have a statute of limitation of one year. For wrongful death, lawsuits can be filed by survivors of a mesothelioma patient who died or their estate representatives.

In most cases the statute of limitations "clock" starts to start ticking when a plaintiff realizes or should have known they were exposed to asbestos and their illness was caused by the exposure. Because mesothelioma is a latency-related disease, it can take 10 to 40 years to be diagnosed. Therefore, the standard rule might not always apply to asbestos-related cases.

Other factors that could affect the statute of limitations for asbestos lawsuits include:

The location where the victim was exposed to asbestos, the place they lived and their employer as well as the type of asbestos-related products that the victim was exposed to can also affect the time limit for a claim. This is because states have different statutes of limitation.

A plaintiff who has filed a lawsuit against asbestos and that case was dismissed or settled is not prohibited from bringing a claim against another asbestos-related disease. This was decided in the 1973 famous asbestos case Borel v. Fibreboard Paper Prods. Corp.

Damages

Compensation is available to those who suffer from asbestos-related illnesses such as mesothelioma. This compensation can include damages for future and past medical expenses, lost income, and pain and suffering. A mesothelioma lawyer with experience can help a person assess the value of their case during an informal case review.

In the United States courts award monetary damages to mesothelioma sufferers. The amount awarded varies depending on several factors including the severity of a victim's condition, the state where they file their lawsuit, and their work history.

Asbestos litigation has been a lengthy mass injury, and several firms that made asbestos-containing products have declared bankruptcy due to the volume of claims made against them. Many asbestos victims were able to obtain compensation from companies who assumed the responsibility for asbestos-related companies during bankruptcy proceedings, and also from the asbestos trust fund.

Certain victims also have the right to punitive damages. These are meant to punish the defendant for knowingly or recklessly disregarding a known risk. In order to receive punitive damages, a person must establish that the defendant's actions were above and beyond mere negligence.

In some cases asbestos mining companies and then sold it to other companies to make asbestos-containing goods may be held responsible. Likewise, companies that marketed and sold asbestos lawsuits-containing items might be held responsible as well. In addition to these businesses the plaintiff's employer could be held liable for exposure to asbestos.

The family members of a mesothelioma patient might also be entitled to compensation. This is especially applicable in the event of the death of a victim. A representative of the estate of a deceased victim's estate can start a mesothelioma wrongful-death lawsuit on their behalf to seek justice and obtain the just financial compensation they deserve.

The asbestos laws in the United States vary from state to state and are complex. An experienced mesothelioma attorney can help a person decide the most appropriate state to file a mesothelioma lawsuit. A lawyer can also help in locating asbestos experts to testify in trial. A person who is represented in court by a mesothelioma lawyer with experience has a better likelihood of receiving the damages they are entitled to.

Expert Witnesses

An expert witness is someone with a particular expertise or knowledge in a field of study. In asbestos litigation, experts often present evidence during a trial that can help establish the cause or a connection between exposure to asbestos fibers and serious illness. They are typically industrial hygienists or oncologists.

Expert witnesses are vital to a successful asbestos case. However, the process of identifying and vetting experts to assist in asbestos litigation can be a challenge and time-consuming. A knowledgeable lawyer will take the necessary steps to prevent delays during this crucial point in the legal process.

Before a case can be tried, it's important to ensure that experts are qualified to give valuable testimony. This involves looking at their education and training and examining the basis of their opinions, and determining if they are based on reliable sources. This vetting process can be used by an attorney to determine if an expert is able to pass in accordance with the Frye and Daubert standards.

The most knowledgeable experts in asbestos lawsuit are those who have been a witness in similar cases. These professionals have built a solid reputation and know how to answer questions from defense counsel and present their information in a compelling way for 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 illness. It isn't always easy to prove this, because people may not be able to remember what asbestos-containing materials they were exposed to. The victim's medical records can provide vital clues, and a lawyer can speak with the patient to learn what types of materials that the person used at work.

Defense attorneys may attempt to delay the case by filing frivolous court motions. Our experienced mesothelioma lawyers are skilled at thwarting these tactics and making sure that the case goes on as quickly as it can. To begin working on your case, contact us for a no-cost initial consultation. Participating in this meeting does not mean you are bound to hire our firm.

Trial

In the trial stage of your asbestos attorney lawsuit, your attorney will argue your case in court. This is accomplished by presenting evidence such as your employment history, medical proof that you have been diagnosed and the products that you were exposed at work. Your lawyer will identify the companies or manufacturers responsible for your exposure. The defendants have a certain number of days to respond. The defendants can either admit or deny the allegations. If they deny the allegations then your lawyer will proceed with the trial.

A mesothelioma lawyer knows how to present your strongest case to get you compensation. They will also be able to determine the best jurisdiction for your claim. Many law firms with experience have national offices, meaning they can swiftly transfer a claim to the most favorable state for their clients.

Asbestos victims often face multiple defendants, which is why your mesothelioma lawyer might make a motion for multidistrict lawsuit (MDL) to help manage the case. The MDL process helps reduce costs and decreases the chance of inconsistent decisions. Your lawyer will carefully examine the evidence in your case prior to deciding whether or if to file an MDL.

Many of the asbestos-producing companies have been bankrupted. They have established trusts to compensate asbestos victims in the past and in the future. You are not able to sue an asbestos-contaminated company in court.

The MDL will be assigned by one or more judges when it is created. The judge will hold an audience to discuss the case and any issues that may arise in the litigation.

During the discovery stage, your mesothelioma lawyer is going to collect information from the asbestos companies who are defending themselves. This will include written documents (interrogatories) as well as oral testimony (depositions). In this time your lawyer will attempt to reach a settlement on the financial settlement.

The majority of asbestos-related claims settle through settlements before the trial date. Your mesothelioma lawyer must value your input and consult with you throughout the legal process to determine what could be in your best interests. You have the right to appeal a decision in the event that you are dissatisfied.