How to File an Asbestos Lawsuit
A mesothelioma lawyer could help asbestos victims receive compensation. The lawyers are experienced in making a convincing case with medical records, employment histories, and other evidence.
They can decide whether a settlement is better for the client over a trial. An experienced attorney can also determine if the victim is eligible to submit a trust fund claim.
Statute of limitations
Asbestos sufferers who are diagnosed with a mesothelioma or another asbestos-related disease have a variety of options for compensation. However, victims should act swiftly to ensure their legal rights are protected. This includes understanding the statute of limitations, a law that determines the time a plaintiff has to file lawsuits against at-fault parties.
Mesothelioma lawyers are knowledgeable of state and federal asbestos laws, and can help their clients determine whether the statute of limitation applies to their case. According to their state, asbestos victims generally have a time frame within which they can file an asbestos lawsuit.
Personal injury lawsuits, such as, have a limitation period of two years, whereas 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 the majority of cases the plaintiff's "clock" starts to tick when they realize or should be aware that they were exposed to asbestos and that the exposure caused their illness. Because mesothelioma is a latency-related disease, it can take between 10 and 40 years to diagnose. As a result, the traditional rule may not be applicable to asbestos-related cases.
Other factors that can impact the statute of limitations for asbestos lawsuits are:
The place where the victim was exposed to asbestos, the place they lived and the place where they worked and the types of asbestos products that the individual was exposed to, could affect the time limit for a claim. It's because each state has its own statute of limitations.
Additionally, if a plaintiff previously filed an asbestos attorneys lawsuit and it was dismissed or settled, they aren't disqualified from filing a new claim for a different asbestos-related illness. This was ruled in the 1973 famous asbestos case Borel v. Fibreboard Paper Prods. Corp.
Damages
Compensation may be offered for those suffering from asbestos-related illnesses such as mesothelioma. Compensation may include damages for medical expenses in the past and the future loss of income, pain and discomfort. An experienced mesothelioma lawyer will help someone evaluate the value of their case during an initial case review for free.
In the United States, courts award mesothelioma victims financial damages. The amount awarded can vary depending on a variety of factors such as the severity of a victim's condition, the state where they file their suit, and their employment history.
Asbestos litigation has been a long-running mass tort, and some companies that manufactured asbestos-containing products have declared bankruptcy because of the number of claims brought against them. As a result, many asbestos victims have been able to receive damages from companies who assumed liability for the asbestos companies in bankruptcy proceedings and from asbestos trust funds.
Certain victims also have the right to punitive damages. These are intended to punish the defendant if he or she has committed a reckless act or knowingly disregarding a danger that was known to be present. To be eligible for punitive damages, the victim must demonstrate that the defendant acted beyond the mere negligence.
In some cases, companies that mined asbestos and then sold it to other companies to make asbestos-containing goods may be held accountable. Companies that promoted and sold asbestos-containing products may be held liable too. In addition to these businesses, a plaintiff's employer may be held liable for exposure to asbestos.
Family members of the mesothelioma victim could also be entitled to compensation. This is particularly applicable in wrongful death cases. An estate representative of the estate of a deceased victim can make a mesothelioma-related wrongful death lawsuit on their behalf to seek justice and obtain the fair financial compensation they deserve.
The asbestos laws in the United States vary from state to state and are a bit ambiguous. An experienced mesothelioma attorney can assist someone in deciding the best jurisdiction in which to file a mesothelioma lawsuit. A lawyer can also help locate asbestos experts to be a witness in court. If a person is represented in court by a mesothelioma lawyer who has experience has a greater chance of receiving the compensation they are entitled to.
Expert Witnesses
An expert witness is a person with specific knowledge or experience in a field of study. In asbestos litigation, experts provide evidence to establish a causal link or cause between asbestos fibers exposure and serious illness. These professionals are usually oncologists or industrial hygienists.
Expert witnesses are a crucial element of a successful asbestos lawsuit. Finding and vetting asbestos litigation experts is time-consuming and a challenge. An experienced attorney can take steps to avoid delays at this crucial stage of the legal process.
Before a case is tried, it's important to ensure that experts are competent to provide an authoritative testimony. This involves examining their education and experience, reviewing their opinions and determining if they're based upon reliable sources. This vetting procedure can be used by a lawyer to determine whether an expert meets the requirements according to the Frye and Daubert standards.
The best asbestos experts are those who have previously presented evidence in similar cases. They have earned an excellent reputation and are able to answer questions from the defense counsel and how to provide their evidence in a compelling way for jurors.
A lawyer must gather as as much evidence including expert witnesses to prove that asbestos sufferers were exposed to a specific product and that exposure caused their disease. This can be a challenge, as victims often do not recall the specific asbestos-laden substances to which they were exposed. Medical records of the victim can provide crucial clues and a lawyer could speak with the patient to inquire about the kinds of asbestos-containing materials that the person used at work.
Defense attorneys may attempt to delay a case by filing frivolous motions in court. Our mesothelioma attorneys are adept in thwarting these tactics and ensuring that the case is resolved quickly. Contact us today to schedule a free consultation. Attending this consultation does not guarantee you employ our firm.
Trial
The trial stage of an asbestos lawsuit occurs when your lawyer presents the facts of your case in the court. This is done by presenting evidence like your work history, medical proof that you have been diagnosed and the products to which you were exposed at your workplace. Your lawyer will identify the companies or manufacturers accountable for your exposure. The defendants will be given an agreed upon time to respond. The defendants have the option of admitting or deny the allegations. If they deny the allegations then your lawyer will proceed with the trial.
A mesothelioma lawyer will know how to make the strongest argument possible to ensure that you receive the compensation you deserve. They are also in a position of determining which jurisdiction is best for your claim. Many law firms with national offices are able to easily move claims to the state that is the most beneficial for their clients.
Asbestos victims are often confronted with multiple defendants. Your mesothelioma lawyer may file a multidistrict litigation motion (MDL) to manage the case. The MDL process helps to reduce costs and reduce the chance of inconsistent rulings. Your lawyer will carefully examine the evidence in your case before deciding whether or not to file an MDL.
Many asbestos-producing companies have gone bankrupt. In the aftermath, they have set up trusts to compensate past and future asbestos victims. However, you cannot sue a company that went bankrupt due to asbestos exposure in the court system.
The MDL will be assigned by one or more judges at the time it is created. The judge will conduct a conference to discuss the cases and any issues in the litigation.
During the discovery stage your mesothelioma lawyer will collect details from asbestos lawyer companies that are defending themselves. This includes written documents (interrogatories) as well as oral testimony (depositions). During this period, your attorney will try to reach a settlement with the financial institution.
Most asbestos claims will resolve in settlements prior to the trial date. Your mesothelioma lawyer should appreciate your input, and consult with you during the legal process to determine the best option for your interest. You have the right to appeal a ruling if you are dissatisfied.