How to File an Asbestos Lawsuit
Each asbestos lawsuit is different however, there are common elements that make a lawsuit a success. This includes evidence of the victim's injuries and proof of exposure.
Asbestos claims must be filed according to the laws of the state (also known as statutes of limitations) and handled by a seasoned lawyer. Once a legal claim has been filed, victims have a period of discovery where they can study and gather details.
Work History
Asbestos is one of the most dangerous groups of fibrous minerals. It was widely used as a construction material, and many people were exposed to asbestos throughout their lives. It has been proven to cause serious health issues like mesothelioma asbestosis and lung cancer.
People who were diagnosed with mesothelioma or an asbestos-related illness and their loved ones could be entitled to substantial compensation. Many families and victims of deceased mesothelioma sufferers are suing asbestos companies that negligently exposed them to asbestos.
The first step in filing an asbestos lawsuit is to consult a skilled lawyer. Attorneys who specialize in mesothelioma possess the knowledge to analyze the medical records of victims and interview witnesses and find evidence of asbestos-related exposure. They are also able to identify any responsible asbestos manufacturers and determine the best place to make the claim.
It is important to keep in mind that the asbestos industry was aware about asbestos' hazardous effects as early as the 1930s and 1940s but they continued to use asbestos and even produced more of this dangerous material. Asbestos, a fine mineral, can be inhaled as dust or swallowed. When the fibers enter the body, they could be absorbed into tissues, such as the lungs or stomach. Lawyers for mesothelioma will need to know the entire employment history of a victim to determine the extent of asbestos exposure and who is responsible.
Most of the asbestos companies which exposed workers to asbestos have gone out of business. The ones that did not have to contribute funds to an asbestos trust fund for victims and their families. Your lawyer can help you decide which trust to submit your claim to and then start the process.
In the discovery stage of an asbestos-related case, your attorney will exchange documents and information with attorneys of the defendant. This may include requesting records from companies and conducting depositions. This can be the difference between winning or losing a mesothelioma lawsuit. If you're not able to negotiate a fair settlement, your attorney can take the matter to trial.
Medical Records
Your attorney will require your medical records if you've been diagnosed with mesothelioma or another asbestos-related disease. This information is crucial to prove that you were exposed to asbestos and the exposure caused the illness.
Asbestos victims are often diagnosed several years after their first exposure to the substance. Therefore, it is important to seek legal advice as soon as possible. An attorney for mesothelioma can make sure that your claim is filed before the statute of limitations expires, and also ensure that you have the required documents to support your claim.
During the asbestos lawsuit process your lawyer will look over your medical records and other documentation in order to determine which companies are responsible for your mesothelioma (or other asbestos-related diseases). They will also have to determine how you were affected by asbestos. This may require talking to your doctor or other healthcare professionals. They will have access your medical history and may be able to explain the exposure.
Mesothelioma lawyers will need to gather evidence to prove the asbestos companies were aware of asbestos exposure and that they were negligent in their actions. This includes company records, mesothelioma testimonies from witnesses, and other evidence to strengthen your case. The discovery process, during which both parties share information, could take a few months to complete. You or a loved one may be called to give an oral deposition, where you can be questioned about your involvement to asbestos and your past work history.
While a mesothelioma diagnosis can be devastating and life-threatening, filing a lawsuit could be the best option to get compensation for the physical and emotional trauma you've suffered. Many asbestos lawsuits are filed each year in order to collect 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
Your lawyer will call experts to testify on behalf of you. These are doctors, engineers and other specialists with an extensive understanding of asbestos. They will testify as to how asbestos exposure could have caused your illness. They may include pathologists and radiologists.
Your asbestos lawyers will choose these experts carefully. They must have a solid reputation for honesty. This will increase their credibility before juries. They should also have experience in asbestos litigation to anticipate defense attorneys' queries and present their case as efficiently as they can.
Duty and cause are the two major factors in a case for inaction to warn asbestos. Experts can offer opinions and conclusions, basing their opinions on their knowledge or experience. Fact witnesses are limited to testifying about facts. Expert witnesses can aid plaintiffs in proving their case by establishing the link between the products of the defendant and the victim's illnesses.
An expert witness could, for instance, testify that asbestos-exposed Navy ship worker had an irreparable lungs scar and a higher than 50 percent chance of dying from mesothelioma. The expert witness would have to be knowledgeable about the construction and maintenance of ships during the time he worked on them, and also the kinds of asbestos used on the ships. This type of expert could be an industrial hygienist who has experience in asbestos exposure and its impacts on exposure to asbestos lawsuit the human body.
Asbestos victims typically assert that the negligence of a manufacturer caused their condition. They may argue that a company did not adequately ensure worker safety or that they knew about the dangers, but did not warn workers.
While many asbestos companies have a long tradition of manufacturing and selling asbestos-related products, the law is evolving in this field. On April 26, 2022, the New York Supreme Court ruled that expert testimony must prove both the existence of a toxic substance as well as its causal relationship with an adverse health effect to satisfy the Frye standard of evidence in a lawsuit.
Court Cases
Asbestos fibers may get lodged in your lungs and stomach when you are exposed to it. This could cause you to develop an asbestos-related condition like mesothelioma or pleural effusion, or another. If these symptoms develop you could file a lawsuit against the companies that exposed you to asbestos and seek compensation.
The statute of limitations - the deadline within which you can file lawsuits - varies between states. It usually starts when you get a mesothelioma diagnosis or notice that a loved one has died due to an asbestos-related illness. It is recommended to file your claim as soon as you can to avoid any delays.
You'll need to provide documents to support your claim, such as medical bills, employment records, treatment records and test results. You could be required to appear in depositions, or some other kind of court proceeding.
Asbestos lawyers typically make use of the evidence and information gathered by their clients to build a strong case for compensation. The amount of money you could receive is contingent on a variety of factors, such as your mesothelioma type the state in which you file a suit and your particular employment background.
Mesothelioma, and other asbestos-related diseases are typically diagnosed after a long period of time or even decades of exposure. As a result insurance companies started to attempt to avoid liability by arguing the legitimacy of the previous insurance policies that covered asbestos exposure. This was referred to as "selection defense."
The insurers claimed that workers were forced to rely solely on the guidance levels of exposure to asbestos that employers provide and that these levels are safe. This was a cynical attempt to evade liability and the Court found against the insurers in the House of Lords.
This decision resulted in the settlement of many asbestos cases without going to court. Today, the majority of asbestos claims are not tried in court and are instead settled with an asbestos company's trust fund.