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 victim's injury and evidence of exposure to asbestos-containing products.
Asbestos claims should be filed in accordance with state laws (also called statutes of limitation) and handled by a skilled lawyer. After a legal claim has been filed, victims enter the discovery period to research and gather crucial information.
Work History
Asbestos is a dangerous group of fibrous minerals. It was widely used as a construction material and many people were exposed to it throughout their lives. It is known to cause serious illnesses, like mesothelioma, lung cancer and asbestosis.
Those who have been diagnosed with asbestos-related diseases or mesothelioma, and their loved ones could be eligible for compensation. Many victims or the relatives of mesothelioma sufferers file lawsuits against asbestos companies who negligently exposed them to the dangerous mineral.
The first step in filing an asbestos lawsuit is to consult an experienced lawyer. Attorneys who specialize in mesothelioma law are able to examine a patient's medical records, interview potential witnesses and find asbestos-related evidence. They will be able identify any asbestos manufacturers who are responsible and decide where the lawsuit should be filed.
It is important to keep in mind that the asbestos industry was aware about the dangers of asbestos from the 1930s and 1940s, but they continued to use asbestos and even produced more of this harmful substance. Asbestos, a thin mineral, can be inhaled as dust or swallowed. Once the fibers reach the body, they may get trapped in tissues like the lungs or stomach. Mesothelioma lawyers will need to examine a person's entire employment history to determine the place where asbestos exposure occurred and who is responsible for the victim's illness.
Most of the asbestos companies that exposed workers to asbestos have gone out of business. Those that have not been required to deposit money into an asbestos trust fund to aid victims and their families. Your lawyer can help decide which trust to submit your claim to, and begin the process.
During the discovery stage of an asbestos-related case, your attorney will exchange documents and information with attorneys of the defendant. This can include requesting records from companies and conducting depositions. This can be the difference between winning or losing the outcome of a mesothelioma lawsuit. If you cannot reach an equitable settlement with your lawyer, the case can be brought to trial.
Medical Records
Your attorney will require your medical records if your been diagnosed with mesothelioma or another asbestos-related disease. This information is essential to proving that you were exposed to asbestos and that the exposure caused the illness.
Asbestos exposure can cause asbestos cancer to develop for years after the initial exposure. It is therefore crucial to seek legal advice as soon as is possible. A qualified mesothelioma lawyer will ensure that your claim is filed within the timeframe of limitations and have all the necessary documentation to support your claims.
During the asbestos litigation process, your attorney will review your medical files and other documents to determine which companies were responsible for mesothelioma or other asbestos-related illnesses. They will also have to determine how you were exposed to asbestos. This may require talking to your doctor, or other healthcare professionals. They will have access your medical history and could be able to explain your exposure.
Mesothelioma lawyers need to collect evidence to prove that the asbestos companies knew they caused asbestos exposure and that they were negligent in their actions. This includes company records, mesothelioma tests from witnesses, and other evidence that will help to prove your case. The discovery process, in which both sides share information, can take a few months to complete. You or someone you love may be called to give an oral deposition in which you will be questioned about your relationship with asbestos and your employment history.
While a mesothelioma diagnosis can be devastating however, filing a lawsuit may be the best option best asbestos law firm to receive compensation for the physical and emotional damage you have endured. There are thousands of asbestos lawsuits filed each year to recover compensation.
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
If you appear in court, your mesothelioma lawyer will have expert witnesses be on your side. They are engineers, doctors and other specialists with an extensive understanding of asbestos. They can testify about how asbestos exposure could have resulted in your illness. They could include pathologists, radiologists and pulmonologists.
Your asbestos lawyers will pick these experts carefully. They must have a solid reputation for honesty. This will increase their credibility before the jury. They should also have enough experience in asbestos litigation to anticipate defense attorneys to answer questions and present evidence in the most efficient manner possible.
Duty and cause are the two major factors in a case for failure to warn asbestos. Fact witnesses can only be able to testify on the basis of facts, while experts can provide opinions and conclusions based on their experience or experience. Expert witnesses can assist plaintiffs establish their case by establishing the connection between a defendant's products and the condition of the victim.
An expert witness could, for example be able to testify that an asbestos-exposed Navy ship worker had an irreparable lungs scar and a higher 50 percent chance of dying from mesothelioma. The expert witness will need to be knowledgeable about the construction and maintenance of ships during the time he worked on them, and also the kinds of asbestos that were used on the ships. This expert could be a industrial hygienist who is acquainted with asbestos exposure and the effects it can have on the body.
Asbestos sufferers often assert that the negligence of a manufacturer caused their illness. They might claim that a company did not make enough efforts to ensure that its workers were safe, or that it knew about the dangers associated with its products, but didn't warn them.
The law in this area is changing. While many asbestos companies are famous for their long history of producing and selling asbestos products, it is still evolving. 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 relationship to negative health effects.
Court Cases
Asbestos fibers may get lodged in your lungs and stomach when you are exposed. You may suffer from an asbestos-related disease such as mesothelioma, or pleural effusion. If you experience these symptoms, you may file a lawsuit against the companies who exposed you to asbestos in order to claim compensation.
The time limit - the time frame within which you can file lawsuits - varies from one state to another. The process usually begins after you are diagnosed with mesothelioma, or discover that your loved ones have passed away from an asbestos-related disease. However, it is advised to file a claim as soon as possible to avoid any delays or problems.
An experienced asbestos lawyer will take care of the legal procedure on your behalf, however you'll need to provide documentation and other supporting information such as treatment and employment documents, medical bills and test results. You may also be required to be a part of a deposition or other court proceedings.
Asbestos lawyers frequently use the information and evidence collected by their clients to make a convincing case for compensation. The amount of money you could receive is contingent on many factors including the type of mesothelioma you have, the state where you file a lawsuit and your particular work history.
Mesothelioma and other asbestos-related diseases are often diagnosed decades or years after exposure. As a result insurance companies began to try to avoid liability by attacking the legitimacy of the previous insurance policies that covered asbestos exposure. This was later referred to as the "selection defense."
The insurers claimed that workers were forced to rely on guidelines for exposure levels to asbestos provided by employers and that these levels are safe. This was a sly way to avoid liability, and the Court decided against the insurers in the House of Lords.
This decision resulted in the settlement of many asbestos cases without going to court. The majority of asbestos claims are settled outside of court today.