How to File an Asbestos Lawsuit
Each asbestos lawsuit is unique but there are common elements that make a lawsuit a success. This includes evidence of the injury suffered by the victim and proof of exposure to asbestos-containing products.
Asbestos claims must be filed according to state laws, called statutes of limitations, and should be handled by a seasoned attorney. After a legal claim has been filed, victims enter the discovery phase to study and gather crucial information.
Work History
Asbestos is one of the most dangerous groups of fibrous minerals. It was once commonly used in building materials and many people have been exposed to it throughout their lives. It is believed to cause serious diseases, including mesothelioma, lung cancer and asbestosis.
Patients who have been diagnosed with mesothelioma or an asbestos-related disease and their loved ones could be eligible for significant compensation. Many families and victims of mesothelioma sufferers who died are suing asbestos companies who negligently exposed them to asbestos.
The first step in filing an asbestos lawsuit is to work with an experienced lawyer. Lawyers who specialize in mesothelioma have the knowledge to analyze the medical records of victims and potential witnesses and find evidence relating to asbestos. They can identify any asbestos manufacturers who are accountable and determine where the lawsuit should be filed.
Remember that asbestos was known to be dangerous in the 1930s and 1940s. Yet, the asbestos industry continued to use and manufacture the dangerous substance. Asbestos is a very thin mineral that can be breathed in or swallowed as dust particles. When the fibers enter the body, they can lodge in tissues such as the lungs or stomach. Mesothelioma lawyers will need to be aware of a person's complete employment history to determine where asbestos exposure occurred and who is responsible for the patient's condition.
The majority of asbestos-related companies that exposed workers to asbestos have now gone out of business. The ones that did not have to close been required to deposit money into an asbestos trust fund to aid victims and their families. Your lawyer will be able to decide the trust you should file your claim and assist you start the process.
In the discovery phase of an asbestos case your attorney will share documents and information with the attorneys of the defendant. This can include requesting company records or conducting depositions. This can make or ruin a mesothelioma case. If you are unable to settle a fair amount, your attorney can take the matter to trial.
Medical Records
Your attorney will require your medical records if your been diagnosed with mesothelioma, or any other asbestos-related illness. This information is crucial to documenting your asbestos exposure and the connection between that exposure and the disease.
Asbestos exposure can cause asbestos cancer to develop after the initial exposure. Therefore, it is important to seek legal advice as soon as is possible. An attorney for mesothelioma will make sure that your claim is filed before the statute of limitations expires and you have the proper documentation to back your claim.
During the asbestos lawsuit process, your lawyer will review your medical records and other evidence in order to determine which companies are responsible for mesothelioma (or other asbestos attorney-related illness). They also need to determine how you were affected by asbestos. In most instances, this will require talking to your doctor or other healthcare providers who will have access to your health information and could be able to explain the exposure.
Mesothelioma lawyers must gather evidence that proves asbestos companies were negligent and acted with apprehension. This includes company records and mesothelioma testimony from witnesses. The discovery process, during which both parties share information, could take a few months to complete. You or someone you love may be called to give a deposition as well and you could be questioned about your involvement to asbestos as well as your past work history.
A diagnosis of mesothelioma can be devastating. However filing a lawsuit could be the best option to recover compensation for emotional and physical injuries. Each year, thousands of people file asbestos lawsuits to recover compensation for their losses.
If you or a loved one have been diagnosed with an asbestos-related disease, contact a mesothelioma law firm for a free consultation and case review. The attorneys at The Mesothelioma Center can connect victims with top-rated mesothelioma lawyers for a free initial case review and free consultation. Thousands of Americans have benefited from their representation in asbestos cases.
Expert Witnesses
Your lawyer will bring in experts to testify on behalf of you. These are doctors, engineers and other experts who have deep knowledge of asbestos. They can testify on the ways that exposure to asbestos could have contributed to your condition. They could include radiologists, pathologists and pulmonologists.
Your asbestos lawyers will carefully select the right experts. They should have a good reputation for honesty. This will increase their credibility in front of juries. They should also have enough knowledge of asbestos litigation to anticipate defense attorneys to answer questions and present evidence in the most effective way possible.
The two most important pillars of a failure to warn asbestos lawsuit are duty and the cause. Experts are able to offer opinions and conclusions based on their experience or knowledge. Fact witnesses are limited to proving facts. Expert witnesses often help plaintiffs prove their case by showing a link between the product of a defendant and the victim's illness.
An expert witness could, for instance be able to testify that asbestos-exposed Navy shipworker suffered an irreparable lungs scar and a higher than 50 percent chance of dying from mesothelioma. The expert witness must be aware of the ship's maintenance and construction at the time when the worker was employed and also the types of asbestos that were used. The type of expert might be an industrial hygienist with expertise in asbestos exposure and its effects on human health.
Asbestos sufferers often claim that a company's negligence caused their condition. They might claim that a business did not take enough steps to ensure worker safety or they knew about the dangers but failed to warn workers.
While many asbestos companies have a long track record of producing and selling asbestos-related products, the law is evolving in this field. The New York Supreme Court ruled on April 26, 2022 that experts' testimony in a lawsuit must prove the existence of an asbestos-containing substance and its causal relation to a negative health impact.
Court Cases
Asbestos fibers may get lodged in your lungs and stomach when you are exposed. You could develop an asbestos-related illness such as mesothelioma or pleural effusion. If you experience these symptoms you could file a lawsuit against the companies who exposed you to asbestos and seek compensation.
The statute of limitations - the time limit to file an action - differs from state to state. It usually starts when you get mesothelioma diagnoses or discover that a loved one has died from an asbestos-related disease. However, it is advised to file a claim as soon as you can to avoid delays or problems.
An experienced asbestos lawyer will take care of the legal process on your behalf, but you'll need to provide documents and other information like treatment and employment documents, medical bills, and test results. You may also be required to take part in depositions or other court proceedings.
Asbestos lawyers often use the evidence and information gathered by clients to build an argument for compensation. The amount of money you may receive depends on many factors including the type of mesothelioma you have, the state in which you file a lawsuit and your particular work history.
Because the symptoms of asbestos-related illnesses can take so long to manifest, mesothelioma as well as other asbestos-related diseases are typically diagnosed years or years after the exposure that caused them. Insurance companies began to attempt to avoid liability by arguing the validity of old insurance policies which covered asbestos exposure. This was referred to as "selection defense."
The insurers claimed that workers were forced to rely on guidance levels of exposure to asbestos given by employers and that these levels are safe. This was a cynical attempt to avoid liability, and the Court found against the insurers in the House of Lords.
This decision resulted in the settlement of many asbestos cases outside of court. Today, the majority of asbestos claims do not go to trial and instead are settled by the trust fund of an asbestos company.