How to File an Asbestos Lawsuit
A mesothelioma lawyer can help asbestos victims get compensation. The lawyers are able to construct an effective case using medical records, employment history and other evidence.
They can decide whether a settlement is more beneficial for the client over a trial. A lawyer with experience can decide if a victim should pursue claims against a trust fund.
Statute of limitations
Asbestos patients diagnosed with mesothelioma or another asbestos-related illness have several options for receiving compensation. To ensure their legal rights, asbestos victims must act quickly. This includes understanding the statute of limitations, which defines the time that a plaintiff must start lawsuits against at-fault parties.
Mesothelioma lawyers are knowledgeable of federal and state asbestos laws and can assist their clients determine whether the statute of limitations applies to their case. According to their state, patients generally have a specific timeframe within which they can file a lawsuit against asbestos.
For instance personal injury lawsuits have a two-year statute of limitation and wrongful death lawsuits have a one-year statute of limitations. Wrongful death lawsuits may be filed by survivors of mesothelioma patients who has passed away, or their estate representatives.
In the majority of cases, a plaintiff's "clock" begins to tick when they are aware or ought to have known they were exposed asbestos and that the exposure caused their disease. But, because mesothelioma is a disease with an extended period of latency, it can take between 10 and 40 years before a mesothelioma diagnosis can be made. Therefore, the standard rule might not be applicable to asbestos-related cases.
Other factors that can affect the time limit for asbestos lawsuits are:
The time limit for a statute of limitation can be affected by location of the victim, their employer, and where they lived and what asbestos-related products they were exposed to. This is because different states have different statutes of limitation.
In addition, if a plaintiff previously filed an asbestos suit and it was either dismissed or settled, they aren't prohibited from filing a claim for a different asbestos-related illness. This was the case in the landmark asbestos case Borel V. Fibreboard Paper Prods. Corp.
Damages
Someone suffering from an asbestos-related illness like mesothelioma may be entitled to compensation for their injuries. This could include compensation for past and future medical expenses, lost income, and pain and suffering. A mesothelioma lawyer can help determine the value of a case in a a free consultation.
In the United States courts award monetary damages to mesothelioma sufferers. The amount awarded varies according to a variety of factors, including the severity of a person's condition, the state where they file their lawsuit and their previous work history.
Asbestos litigation has been a long-running mass tort and some companies that manufactured asbestos-containing products have gone bankrupt due to the large number of claims made against them. Many asbestos victims were able to receive compensation from companies that took the responsibility for asbestos-related companies during bankruptcy proceedings, and from asbestos trust fund.
Some victims may also be entitled to punitive damages. These are intended to punish the defendant when they have committed a reckless act or knowingly disregarding a danger that was known to be present. To receive punitive damage, a victim has to show that the defendant did more than demonstrate incompetence.
In some instances asbestos mining companies and then sold it to other companies to create asbestos-containing products could be held accountable. In certain cases, companies that sold and distributed asbestos-containing products could also be held responsible. In addition to these companies and their employees, a plaintiff's employer could be held accountable for asbestos exposure.
The family members of a mesothelioma patient could also be entitled to compensation. This is particularly relevant in the case of the victim's death. A representative of the estate of a deceased victim's estate can make a mesothelioma-related wrongful death lawsuit on behalf of the deceased victim to obtain justice and the fair financial compensation they deserve.
The laws that govern asbestos claims in the United States are complex and varies from state to state. A mesothelioma attorney with experience can assist a person in deciding the most appropriate state to file a mesothelioma suit. A lawyer can also assist locate asbestos experts who can be a witness in the courtroom. If a person is represented in court by a mesothelioma lawyer who has expertise has a higher chance of obtaining the damages that they are entitled to.
Expert Witnesses
An expert witness is a person with specific knowledge or experience in a particular field of study. In asbestos litigations, experts present evidence to prove a causal link or cause between asbestos fiber exposure and serious health issues. These professionals are usually industrial hygienists or oncologists.
Expert witnesses are crucial 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. An experienced attorney can take steps to avoid delays during this crucial phase of the legal process.
Before a case can be tried it is essential to ensure that experts are competent to provide an authoritative testimony. This involves examining their education and training, reviewing the substance of their opinions, and determining whether they are founded on reliable sources. This process of vetting can be utilized by an attorney to determine if an expert will pass muster according to the Frye and Daubert standards.
The best asbestos experts are those who have testified in similar cases. These experts have built a solid reputation, and they know how to respond to questions from defense counsel and how to present their information in a convincing manner for a jury.
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. It isn't always easy to prove this, as victims may not remember which asbestos-containing products they were exposed to. Medical records of the victim can provide vital clues, and a lawyer can talk to the patient to find out 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 mesothelioma attorneys are adept in thwarting these tactics and ensuring that the case proceeds quickly. To begin working on your case, call us today to set up a complimentary 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. They will do this by presenting evidence including your work history, medical evidence of your diagnosis, and the products you were exposed to at your job. Your lawyer will then determine the manufacturers or companies responsible for the exposure you received. Miramar asbestos attorneys are given a specific amount of time to respond. The defendants may either admit or deny the allegations. If they deny the allegations, your lawyer will continue the trial.
A mesothelioma lawyer knows how to present the strongest case to help you obtain compensation. They will also be in a position to determine the best jurisdiction for your claim. Many law firms with experience have national offices, which means they are able to move a claim into the most advantageous state for their clients.
Asbestos victims typically have to deal with multiple defendants, therefore your mesothelioma lawyer might file a motion for multidistrict litigation (MDL) to help you manage the case. The MDL procedure reduces costs and reduces the risk of inconsistent decisions. Your attorney will carefully review the evidence in your case prior to making a decision on whether or not to make an MDL.
Many asbestos-producing firms have been bankrupted. They have set up trusts to compensate asbestos victims in the past and 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 a conference and discuss the cases as well as any issues in the litigation.
During the discovery phase the mesothelioma lawyer will gather details from asbestos companies who are defending themselves. This will include written documents, like interrogatories, as well as oral testimony. During this time, your attorney will try to reach a financial settlement.
Most asbestos claims will resolve in settlements well before the trial date. Your mesothelioma lawyer should value your input and be in contact with you throughout the legal process to determine what may be in your best interests. If you are unhappy with the outcome of your case you are entitled to seek a second review, also known as an appeal.