How to File an Asbestos Lawsuit
Each asbestos lawsuit is distinct but 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 in accordance with the laws of the state (also called statutes of limitations) and handled by a skilled lawyer. After a legal claim has been filed, the victims are able to enter the discovery period to research and gather important information.
Work History
Asbestos is a hazardous group of fibrous mineral. It was previously used in building materials and a lot of people have been exposed to asbestos throughout their lives. It is known to cause serious diseases, including mesothelioma, lung cancer, and asbestosis.
Anyone diagnosed with asbestos-related diseases or mesothelioma as well as their loved ones could be entitled to compensation. Many victims and families of mesothelioma patients who have passed away file lawsuits against asbestos companies who negligently exposed them to asbestos.
The first step to file an asbestos lawsuit is to work with an experienced lawyer. Lawyers who specialize in mesothelioma law have the experience to look over a victim's medical records, question potential witnesses and find asbestos-related evidence. They can identify any asbestos manufacturers that are accountable and determine where the lawsuit should be filed.
Remember that asbestos was considered to be hazardous as early as 1930s and 1940s. However the asbestos industry continued to use and manufacture the dangerous substance. Asbestos is a very thin mineral that can be breathed in, or swallowed as dust particles. Once it is absorbed into the body, the needle-like fibers can be absorbed into tissues such as the lungs or stomach. Mesothelioma lawyers must be aware of a person's complete work history to determine where asbestos exposure occurred and who is accountable for the patient's condition.
Most of the asbestos companies that exposed workers to asbestos have now gone out of business. The ones that did not have to contribute money to a trust fund for asbestos victims and their families. Your lawyer can help you determine which trust to make a claim to, and begin the process.
During the discovery phase of an asbestos case your attorney will exchange information with the defendant's attorneys. This could include requesting company records or conducting depositions. This can be the difference between winning or losing a mesothelioma case. If you're not able to settle a fair amount or settlement, your lawyer can bring the case to trial.
Medical Records
Your attorney will need your medical records if you have been diagnosed with mesothelioma, or a different asbestos-related disease. This information is crucial to documenting your exposure to asbestos and the connection between it and the illness.
Asbestos victims are often diagnosed years after their initial exposure to the material. It is therefore crucial to seek legal advice as soon as is possible. A qualified mesothelioma lawyer can make sure that your claim is filed within the statute of limitations and have all the required documentation to support your claims.
In the asbestos litigation process your attorney will review your medical files and other records to determine which companies were responsible for your mesothelioma or other asbestos-related diseases. They will also need to determine the extent to which you were exposed to the material. In many cases, this involves talking to your doctor or other healthcare professionals who have access to your health history and may be able to provide an explanation of your exposure.
Mesothelioma lawyers must collect evidence to prove that the asbestos companies were aware of asbestos exposure and that they acted negligently. This includes mesothelioma testimony from witnesses, and other evidence that will help to prove your case. The process of finding evidence can take several months, since both parties exchange information. You or your loved one may be called to give an oral deposition, where you can be questioned about your involvement with asbestos and your work history.
A diagnosis of mesothelioma is devastating. However the filing of a lawsuit can be the best way to obtain compensation for emotional and physical injuries. Many asbestos lawsuits are filed each year to seek 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
When you go to court your mesothelioma lawyer will be able to have expert witnesses be on your side. They are engineers, doctors and other specialists with a vast knowledge of asbestos. They will testify as to the way that asbestos exposure may have caused your illness. They could include pathologists, radiologists and pulmonologists.
Your asbestos lawyers will take care to choose these experts. They must have a reputation for integrity which will improve their credibility with the jury. They must also have enough experience with asbestos litigation to anticipate defense attorneys' queries and present information as effectively as they can.
The two biggest pillars of a failure to warn asbestos lawsuit are duty and the cause. Fact witnesses are only able to provide evidence on facts, whereas experts can provide opinions and conclusions based on their knowledge or experiences. Expert witnesses can help plaintiffs prove a case by establishing the connection between the products of the defendant and the condition of the victim.
An expert witness could, for example, testify that asbestos-exposure Navy ship worker had an irreparable lung scar and a higher 50% chance of dying of mesothelioma. The expert witness must be aware of the ship's construction and maintenance at the time that the worker was employed and also the types of asbestos that were used. This expert could be a industrial hygienist that is familiar with asbestos exposure and its effects on the body.
Asbestos victims typically claim that a manufacturer's negligence caused their illness. They may argue that a company didn't take enough steps to ensure safety of workers or that they knew about the dangers, but failed to warn workers.
While many asbestos companies have a long history of producing and selling asbestos-related products, the law is evolving in this area. On April 26, 2022, the New York Supreme Court ruled that expert testimony must prove the existence of a toxic substance and its causal relationship with adverse health effects in order to meet the Frye standard of evidence in the case of a lawsuit.
Court Cases
If you're exposed to asbestos the microscopic fibers could become lodged in your stomach or lungs. You could suffer from an asbestos-related disease like mesothelioma or effusion. When these symptoms occur you could bring a lawsuit against the companies that exposed you to asbestos to seek compensation.
The statute of limitations - also known as the time limit within which you can file a lawsuit - differs from state to state. It usually begins when you receive mesothelioma-related diagnosis or learn that a loved one of yours has passed away from an asbestos-related disease. However, it is best to file a claim as soon as you can to avoid delays or issues.
An experienced asbestos lawyer can manage the legal procedures on your behalf, but you'll need to provide documentation and other supporting information such as treatment and employment documents, medical bills, and test results. High Point asbestos lawyer may also be required to participate in a deposition or other court proceedings.
Asbestos lawyers frequently make use of the evidence and information that their clients gather to make a convincing case for compensation. The amount you get will be contingent on a variety of factors, including the kind of mesothelioma that you have, where you file your lawsuit and your employment experience.
Mesothelioma, as well as other asbestos-related illnesses are typically diagnosed decades or years after exposure. In the wake of this insurance companies began trying to avoid liability by attacking the legitimacy of the previous insurance policies that covered asbestos exposure. This was referred to as the "selection defense."
The insurers claimed that workers were required to rely on guidelines for exposure levels to asbestos provided by employers and that these levels are safe. This was a cynical attempt to avoid liability and the Court ruled against the insurers at the House of Lords.
This decision led to asbestos cases being settled out of court. The majority of asbestos claims are settled outside of court today.