How to File an Asbestos Lawsuit
A reputable mesothelioma law firm can assist victims of asbestos diseases obtain compensation. The lawyers are able to construct a strong case with medical records, employment history and other evidence.
They can determine whether an agreement or trial is best for the client. An experienced attorney can determine if the victim is eligible to make a claim to a trust fund.
Statute of limitations
Asbestos sufferers who are diagnosed with mesothelioma, or any other asbestos-related disease have a variety of options for receiving compensation. However, they should act swiftly to ensure that their rights are secured. Knowing the statute of limitations, which is a law that spells out how long a plaintiff has to sue those who are at fault, is essential.
Mesothelioma lawyers are aware of state and federal asbestos laws and can help clients determine the statute of limitations applicable to their case. According to their state, asbestos victims generally have a specific time frame within which they can file a lawsuit against asbestos.
Personal injury lawsuits, for example, have a limitation period of two years. In contrast, the wrongful death claims have a statute of limitation of one year. For wrongful death, lawsuits can be filed by survivors of a deceased mesothelioma victim or their estate representatives.
In most cases the statute of limitations "clock" starts to begin to tick when a plaintiff is aware or should have known they were exposed to asbestos and that their condition was triggered by that exposure. But, because mesothelioma is a disease with an extended period of latency that can range from 10 to 40 years before a mesothelioma diagnosis can be made. Therefore, the conventional rule may not always apply to asbestos-related cases.
Other factors that may impact the statute of limitation for asbestos lawsuits are
The place where the victim was exposed to asbestos, their location, they resided and worked, as well as the type of asbestos-related products that the victim was exposed to, could also influence the time limit for a claim. This is because states have different statutes of limitations.
A plaintiff who has filed an asbestos lawsuit, but the case was dismissed or settled is not prohibited from bringing a claim against another asbestos-related disease. This was ruled out in the 1973 asbestos landmark case Borel V. Fibreboard Paper Prods. Corp.
Damages
Anyone suffering from an asbestos-related illness like mesothelioma may be entitled to compensation for their injuries. Compensation may include damages for medical expenses in the past and future as well as lost income, pain and discomfort. An experienced mesothelioma lawyer will help a person determine the value of their case through an informal case review.
In the United States courts award monetary damages to mesothelioma sufferers. The amount of money awarded depends on a variety of factors that include the severity and state in which the victim filed their lawsuit as well as their work history.
Asbestos litigation has been a long-running mass injury, and a few firms that made asbestos-containing products have declared bankruptcy due to the number of claims made against them. Many asbestos victims were able to receive compensation from companies who assumed responsibility for asbestos-related companies in bankruptcy proceedings, as well as from the asbestos trust funds.
Some victims are also entitled to punitive damages. They are designed to punish the defendant if they committed a reckless act or knowingly disregarding a known danger. To be eligible for punitive damages, the victim must establish that the defendant's actions were beyond the mere negligence.
In some cases asbestos-mining companies and then sold it to other companies to make asbestos-containing goods may be held responsible. In some cases, the companies that sold or stocked asbestos-containing products may be held accountable. In addition to these businesses the plaintiff's employer could also be held responsible for asbestos exposure.
Family members of the mesothelioma victim may also be entitled to compensation. This is especially relevant in the case of wrongful death. Cleveland asbestos lawyer of the estate of a victim who died can file a mesothelioma suit to seek justice for them and receive the financial compensation they deserve.
The asbestos laws in the United States vary from state to state and are complicated. An experienced mesothelioma attorney can help a person decide the most appropriate state to file a mesothelioma lawsuit. An attorney can also help find asbestos experts to appear in court. A person who is represented by a skilled mesothelioma law firm has a greater chance of success in obtaining the damages they are entitled to.
Expert Witnesses
An expert witness is someone 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 exposure to asbestos fibers and serious health issues. These professionals are typically oncologists or industrial hygiene specialists.
Expert witnesses are essential 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 make the necessary steps to avoid delays during this crucial step of the legal process.
Before a case can be tried, it's important to ensure that the experts are qualified to provide evidence that is valuable. This involves looking at their education and experience and examining the basis of their opinions, and determining whether they are founded on reliable sources. Lawyers can also use this vetting process to determine if an expert will be able to pass under the Frye or Daubert standards.
The most knowledgeable experts in an asbestos litigation are those who have testified in similar cases. These professionals have built a solid reputation and know how to answer questions from defense counsel and how to provide their evidence in a convincing way to jurors.
In addition to expert witnesses, lawyers must also gather the most evidence to establish that an asbestos victim was exposed to a specific product and that exposure caused their illness. It can be difficult to prove this because patients may not remember the asbestos-containing materials they were exposed to. The victim's medical record can provide important clues. A lawyer may also talk to the patient to find out about the substances used by the person working.
The defendants may try to delay a case by filing frivolous court motions. Our mesothelioma lawyers have experience and are adept at securing against these tactics and ensuring the case is resolved quickly. Contact us today to schedule a free consultation. Attending this meeting will not bind you to employ our firm.
Trial
The trial phase of an asbestos lawsuit is when your attorney brings the facts of your case before court. They do this by presenting evidence that includes your work history, medical proof of your diagnosis and the products you were exposed to while at your job. Your lawyer will identify the manufacturers and companies responsible for your exposure. The defendants will have a specified number of days to respond. The defendants have the option of admitting or deny the allegations. If they deny the allegations, then your lawyer will move forward with the trial.
A mesothelioma lawyer will know how to present the strongest argument to obtain compensation. They are also in a position of determining the best jurisdiction for your claim. Many law firms with national offices are able to easily transfer claims to the state that is most advantageous for their clients.
Asbestos patients are usually confronted by multiple defendants. Your mesothelioma lawyer may file a multidistrict litigation motion (MDL) in order to manage the case. The MDL procedure reduces expenses and lowers the risk of a lack of consistency in decisions. Your lawyer will carefully examine the evidence in your case before deciding whether or if to make an MDL.
Many asbestos-producing companies have been bankrupted. This is why they have created trusts to pay past and future asbestos victims. You can't sue an asbestos-exposed company in court.
Once the MDL is approved the MDL will be assigned to one or more judges. The judge will conduct an informal conference to discuss the cases and any issues in the litigation.
During the discovery phase, your mesothelioma attorney will collect information from Defendant asbestos companies. This includes written documents like interrogatories, as well as oral testimony. During this time your lawyer will try to reach an agreement on the amount of money to settle.
Most asbestos claims will resolve in settlements prior to the trial date. Your mesothelioma lawyer should appreciate your input and work with you during the legal process in order to decide the best option for your interest. If you are dissatisfied with the outcome of your case you have the right to seek a further review, which is known as an appeal.