Ten Asbestos Lawsuits That Really Change Your Life

How to File an Asbestos Lawsuit

A mesothelioma lawyer can help asbestos victims win compensation. The lawyers know how to build a strong case with medical records, employment history and other evidence.

They can decide whether a settlement is better for the client over a trial. A lawyer with experience will determine if a client should pursue claims against the trust fund.

Statute of limitations

Asbestos patients who are diagnosed with mesothelioma or any other asbestos-related disease have several options to receive compensation. To safeguard their legal rights, they must act immediately. Knowing the statute of limitations the law that sets the time limit for when a plaintiff has to file a suit against those who are at fault, is essential.

Mesothelioma lawyers are well-versed in asbestos laws in the federal and state level and can assist clients to determine the statute of limitations applicable to their particular case. In general, victims have a period of time to file an asbestos lawsuit, based on their state and the type of claim they are filing.

For example, personal injury lawsuits have a two-year statute of limitations, while wrongful death claims have a one-year statute of limitations. The wrongful death lawsuits can be filed by the surviving relatives of mesothelioma victims who have died or their estate representatives.

In most cases the statute of limitations "clock" starts to tick when a plaintiff knows or should have known that they were exposed to asbestos lawsuits and their condition was triggered by the exposure. Since mesothelioma is a latency disease, it could take 10 to 40 years to be diagnosed. The conventional rule may not apply in all asbestos-related cases.

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

The location where the victim was exposed to asbestos, the place they lived and the place where they worked, as well as the type of asbestos products that the victim was exposed to can affect the time limit for a claim. This is because every state has its own statute of limitations.

Furthermore, if a person had previously filed an asbestos lawsuit and it was either dismissed or settled, they are not disqualified from filing a new claim for a different asbestos-related illness. This was ruled out in the landmark asbestos case Borel V. Fibreboard Paper Prods. Corp.

Damages

Anyone suffering from an asbestos lawyer-related condition such as mesothelioma may be entitled to compensation for their injuries. Compensation may include damages for medical expenses in the past and the future as well as lost income, discomfort and pain. An experienced mesothelioma lawyer will 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 can vary according to a variety of factors, including the severity of the victim's illness, the state in which they file their suit, and their employment history.

Asbestos litigation is a long-running mass tort and some companies that produced asbestos-containing products have declared bankruptcy because of the number of lawsuits filed against them. In the end, many asbestos victims have been able to receive damages from companies who assumed responsibility for asbestos-related companies in bankruptcy proceedings and from asbestos trust funds.

Some victims are also entitled to punitive damages. They are intended to penalize the defendant for knowingly or recklessly disregarding a known risk. In order to be awarded punitive damages a victim has to show that the defendant did more than simply demonstrate incompetence.

The companies that mined raw asbestos and sold it to other companies to create asbestos-containing products may be held liable in some instances. Companies that promoted and stocked these asbestos-containing products could be held accountable too. In addition to these businesses the plaintiff's employer could be held liable for asbestos exposure.

Family members of the mesothelioma victim could also be entitled to compensation. This is particularly relevant in cases of wrongful death. The estate representative of a victim who has died can file a mesothelioma suit to get justice for them and receive the financial compensation they are entitled to.

The laws that govern asbestos claims in the United States vary from state to state and are complex. A mesothelioma lawyer can assist someone determine the most suitable jurisdiction to file a lawsuit. A lawyer can also help with finding asbestos experts to testify at trial. A person who is represented in court by a mesothelioma attorney with experience has a better chance of receiving the compensation they are entitled to.

Expert Witnesses

An expert witness is someone who has a specific expertise or experience in a particular field of study. In asbestos litigations, experts present evidence that can establish a causal link or cause between asbestos fibers exposure and serious health issues. These professionals are usually industrial hygienists or oncologists.

Expert witnesses are a crucial part of an asbestos lawsuit that is successful. However, finding and vetting experts for asbestos litigation can be complicated and time consuming. An experienced attorney can take steps to avoid delays at this crucial step of the legal process.

Before the case goes to trial the experts must be scrutinized to ensure they are qualified to provide a credible testimony. This involves examining their education and experience, reviewing the substance of their opinions, and determining whether they are based on reliable sources. This vetting procedure can be used by lawyers to determine if an expert meets the requirements in accordance with the Frye and Daubert standards.

The most knowledgeable experts in asbestos litigation are those who have testified in similar cases. These professionals have a solid reputation and know how to respond to questions from the defense attorney. They are also able to present information to a jury in a convincing manner.

In addition to expert witnesses, lawyers must also collect as much evidence as possible to prove that an asbestos victim was exposed to a particular product and that exposure led to their disease. This can be difficult, as victims often do not remember the specific asbestos-rich materials that they were exposed to. The victim's medical records can provide important clues and a lawyer could speak with the patient to learn about the kinds of asbestos-containing materials used by the victim at work.

Defense attorneys may attempt to delay a trial by filing frivolous motions in court. Our experienced mesothelioma lawyers are adept at securing against these tactics and ensuring that the case proceeds quickly. To begin working on your case, please contact us to schedule a free initial consultation. Attending this consultation will not bind you to hire our firm.

Trial

The trial phase of an asbestos lawsuit occurs where your lawyer tries to present the facts of your case in the court. This is accomplished by presenting evidence like your work background, medical evidence that you've been diagnosed and the substances that you were exposed to at work. Your lawyer will then determine the manufacturers or companies responsible for the exposure you received. The defendants have a predetermined amount of time to respond. The defendants have the option of admitting or deny the allegations. If they deny them, your lawyer will proceed with the trial.

A mesothelioma lawyer will know how to present your strongest case to help you obtain compensation. They will also be able to determine the best place for your claim. Many law firms with experience have national offices, meaning they are able to move a claim into the most favorable location for their clients.

Asbestos patients often have to contend with multiple defendants, so your mesothelioma lawyer might make a motion for multidistrict lawsuit (MDL) to help manage the case. The MDL process helps to lower costs and reduce the chance of inconsistent rulings. Your attorney will carefully analyze the evidence in your case to determine whether or not an MDL should be filed.

Many asbestos-producing firms have gone bankrupt. This is why they have established trusts to compensate the past and future asbestos victims. You cannot sue an asbestos-exposed company in court.

When the MDL is created the MDL will be assigned to one or more judges. The judge will convene a conference and discuss the cases and any issues in the litigation.

During the discovery stage, your mesothelioma lawyer will gather information from asbestos companies that are defending themselves. This includes written documents, such as interrogatories, and oral testimony. During this time your attorney will attempt to reach a settlement with the financial institution.

The majority of asbestos-related claims will be settled before the trial date. Your mesothelioma attorney should value your input and work with you during the legal process to determine what is in your best interest. You are entitled to appeal a decision if you are not satisfied with the outcome.