Ten Asbestos Lawsuits That Really Change Your Life

How to File an Asbestos Lawsuit

A mesothelioma lawyer could help asbestos victims win compensation. The lawyers are skilled in creating a strong case by using medical records, employment histories and other evidence.

They can decide if a settlement is better for the client than a trial. An experienced lawyer will determine if a client should file a claim against the 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 immediately. This includes understanding the statute of limitations, which defines the time that a plaintiff has to file lawsuits against at-fault parties.

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 specific case. In general, victims have a couple of years to file an asbestos lawsuit depending on their state and the nature of the claim they are filing.

For example, personal injury lawsuits have a two-year statute of limitations and wrongful death claims have a one-year statute of limitations. Wrongful Death lawsuits may be filed by survivors of a mesothelioma patient who has passed away or their estate representatives.

In most cases, the statute of limitations "clock" starts to tick when a plaintiff knows or should have realized they were exposed to asbestos and that their condition was caused by the exposure. However, since mesothelioma suffers from a long latency period, it can take between 10 and 40 years before a mesothelioma diagnosis is made. This means that the conventional rule may not be applicable to asbestos-related cases.

Other factors that could affect the time limit for asbestos lawsuits include:

The time limit for a statute of limitation can be affected by the location of the victim, their employer, and the place they resided and what asbestos products they were exposed to. This is because states have different statutes of limitation.

In addition, if a plaintiff previously filed an asbestos suit and it was dismissed or settled, they aren't prohibited from filing a claim for a different asbestos-related illness. This was decided in the landmark asbestos case Borel v. Fibreboard Paper Prods. Corp.

Damages

Anyone suffering from an asbestos-related illness like mesothelioma could be entitled to compensation for their injuries. Compensation may include damages for medical expenses that occurred in the past and the future loss of income, discomfort and pain. An experienced mesothelioma lawyer can help a person evaluate the worth of their case through an informal case review.

In the United States, courts award mesothelioma victims monetary damages. The amount awarded depends on a number of factors such as the severity of the case and the state where the victim filed their lawsuit and also their work history.

Asbestos litigation has been a long-running mass tort and a few companies that manufacture asbestos attorney-containing products have been forced to go bankrupt due to the large amount of claims filed against them. Many asbestos victims were able to obtain compensation from companies that took responsibility for asbestos companies during bankruptcy proceedings, as well as from the asbestos trust funds.

Certain victims also have the right to punitive damages. They are designed to punish the defendant in case they committed a reckless act or knowingly disregarding a danger that was known to be present. To be eligible for punitive damages, the victim must establish that the defendant's actions were beyond the mere negligence.

The companies that mined asbestos and then sold it to other companies to make asbestos-containing products may be held liable in some cases. In some cases, the companies that sold and stocked asbestos-containing products could be held accountable. In addition to these companies, a plaintiff's employer may also be held responsible for asbestos exposure.

The family members of a mesothelioma patient may also be entitled to compensation. This is especially true in wrongful death cases. A representative of the estate of the estate of a deceased person can make a mesothelioma-related wrongful death lawsuit on their behalf to pursue justice and get the fair financial compensation they deserve.

The laws governing asbestos claims in the United States are complex and differ from state to. An experienced mesothelioma lawyer can assist a person in deciding the best state to file a mesothelioma lawsuit. An attorney can also help locate asbestos experts who can be a witness in court. A person who is represented by an experienced mesothelioma lawyer is more likely to have success in obtaining the damages they are entitled to.

Expert Witnesses

An expert witness is a person who has particular knowledge or expertise in a particular subject area. In asbestos litigation, experts often provide evidence during an instance that helps establish the cause or a connection between exposure to asbestos fibers and a serious disease. These professionals are typically oncologists or industrial hygiene specialists.

Expert witnesses are a crucial part of an asbestos lawsuit that is successful. Finding and vetting asbestos experts in litigation is time-consuming and a challenge. A knowledgeable lawyer will take the necessary steps to avoid delays at this crucial stage in the legal process.

Before a case can be tried it is crucial to ensure that the experts are qualified to give valuable testimony. This involves examining their qualifications and experience, analyzing their opinions and determining if they're based upon reliable sources. This vetting process can be utilized by an attorney to determine if an expert meets the requirements in accordance with the Frye and Daubert standards.

The most effective asbestos experts are those who have previously testified in similar cases. They have a strong reputation and know how to answer questions posed by the defense attorney. They are also adept at presenting evidence to jurors in a convincing way.

A lawyer must gather as much evidence, including expert witnesses, to prove that asbestos victims were exposed to a specific product and that the exposure caused their illness. This can be a challenge, since victims typically don't remember the specific asbestos-laden materials to which they were exposed. The medical records of the victim could provide crucial clues, and a lawyer can talk to the patient to find out about the kinds of asbestos-containing materials that the person used at work.

Defendants in asbestos cases may attempt to delay trial by filing frivolous motions. Our experienced mesothelioma lawyers are adept at thwarting these tactics and ensuring the case is resolved quickly. To get started with your case, call us for a no-cost initial consultation. Attending this meeting does not mean you are bound to hire our firm.

Trial

In the trial stage of your asbestos lawsuit, your attorney will present your case to the court. This is accomplished by presenting evidence such as your employment history, medical proof that you have been diagnosed, and the products that you were exposed to at your job. Your lawyer will then determine the manufacturers or companies responsible for your exposure. The defendants will have an agreed upon time to respond. The defendants have the option of admitting or deny the allegations. If they deny them your lawyer will continue the trial.

A mesothelioma lawyer will know how to present the strongest case to help you receive compensation. They can also help to determine the best jurisdiction for your claim. Many experienced law firms have national offices, meaning they can swiftly transfer a claim to the most advantageous state for their clients.

Asbestos victims are typically faced with multiple defendants. Your mesothelioma attorney may file a multidistrict litigation motion (MDL) to manage the case. The MDL process can help reduce costs and decrease the risk of inconsistent rulings. Your attorney will carefully analyze the evidence in your case prior to making a decision on whether or not to make an MDL.

Many asbestos lawsuits-producing companies have been bankrupted. This is why they have set up trusts to compensate the past and future asbestos victims. You cannot sue an asbestos-exposed company in court.

When the MDL is created, it will be assigned to one or more judges. The judge will hold an audience to discuss the cases, and any other issues that could arise during the litigation.

During the discovery stage, your mesothelioma lawyer will gather information from the asbestos companies who are defending themselves. This includes written documents (interrogatories) and oral evidence (depositions). In this time your lawyer will try to reach a settlement on the amount of money to settle.

Most asbestos claims will resolve in settlements well before the trial date. Your mesothelioma attorney should value your input, and consult with you during the legal process in order to determine the best option for your interest. You have the right to appeal a decision if you are not satisfied with the outcome.