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How to File an Asbestos Lawsuit Unlike most personal injury cases, asbestos lawsuits involve multiple defendants. This is because asbestos-containing products were used at many sites by victims. An experienced mesothelioma lawyer can help you understand the options for compensation. Albuquerque asbestos lawsuits may be able to receive compensation from the company which manufactured or installed asbestos, or from an asbestos trust fund established to pay claims. Making a Claim In many states, those suffering of mesothelioma or other asbestos-related diseases are able to file a claim to be compensated. Attorneys are on hand to assist victims and their families in getting the compensation they deserve. Attorneys and victims must work together to create a solid claim. This includes providing employment and medical records as well as evidence from family members. To obtain compensation lawyers and victims will usually file a lawsuit against the company that exposed them asbestos. This includes companies that produced products containing asbestos, or employers who failed to protect their employees from exposure. Families may also sue for wrongful death if a loved ones died from an asbestos-related disease. The time limit for filing mesothelioma-related lawsuits may differ from state to state but generally begins when someone is diagnosed with a condition that is related to asbestos. People should consult with an experienced mesothelioma lawyer as soon as possible to learn about the options for seeking compensation. Attorneys will go over the details of the case and decide if it is worth pursuing in a no-cost consultation. They will inquire about their work history, military service, and mesothelioma-related diagnoses to determine the time and manner in which they were exposed. Lawyers will explain the various types of compensation that a victim could be entitled to. This can include compensatory damages to cover a patient's financial needs such as medical bills or lost income, as well as ongoing costs associated with treatment. In some instances, patients are able to receive additional financial assistance in the form of disability or health insurance. In these cases an attorney will explain the consequences of pursuing these options on the outcome of a lawsuit for mesothelioma. Case Review Families of victims can seek compensation for their losses from asbestos-related companies through lawsuits. These lawsuits send a message that businesses who prioritize profit over safety should be held accountable for their mistakes. Compensation cannot bring back health or a loved one's life, but it can help pay for treatments that prolongs the life of a person and provide financial security for families affected. A lawyer who understands the ins-and-outs of mesothelioma lawsuits will be able to guide clients through each step of the process. A case review is also known as a “case evaluation”. This is a chance for you and your attorney to discuss your history of exposure in person or via the phone. During the examination, your attorney will be in a position to determine how you were exposed. Many people diagnosed with asbestosis were exposed dangerous substance at work or in the military. Your attorney can look over your employment history as well as military service records to determine the source of your exposure. In order to be successful in a mesothelioma lawsuit you must be able to establish the location and method by which you were exposed. This can be a challenge for some victims, specifically those who were exposed several years prior to the diagnosis of their disease. Mesothelioma symptoms can take anywhere from 20 to 50 years to manifest and it can be difficult to make connections between exposure and asbestos-related disease. In the wake of the Sheldon Silver scandal, Manhattan Administrative Justice Peter Moulton hosted a town hall meeting to hear complaints by asbestos defendants about the docket of NYCAL being rigged in favor of asbestos plaintiff law firms like Weitz & Luxenberg. The judge is charged with clearing up the mess and restoring trust in the NYCAL system. Discovery Phase In a lawsuit, the two sides share information about their respective positions. This is known as discovery. Depositions can include examining documents as well as interviewing witnesses under oath. Both sides will also exchange reports and expert testimony regarding safety and medical issues. Plaintiffs in asbestos litigation have been known to employ consultants and scientists who can be manipulated by the defense lawyers to undermine plaintiffs' claims. It is vital to have a seasoned lawyer on your team in this phase. Asbestos cases usually involve multiple defendants. There could have been numerous places where a person was exposed to asbestos and many different companies or manufacturers could be held accountable. A mesothelioma lawsuit could claim that a worker was exposed to asbestos in a factory or oil refinery and even a power plant. The signs of mesothelioma are usually apparent between 10 and forty years after exposure. According to state laws those diagnosed with mesothelioma may have between one and five year before the statute of limitation expires. Those diagnosed with the rare cancer that is mesothelioma are usually compensated to pay for medical bills funeral costs, as well as other expenses. In addition, a successful mesothelioma lawsuit can also award damages for pain and suffering as well as loss of quality of life. A lot of victims and their families have received multimillion-dollar verdicts. However certain defendants have used bankruptcy to avoid liability for asbestos-related injuries. Johns-Manville, for example was declared bankrupt in 1986. The money was placed into a trust fund that was set up to pay future asbestos-related claims. However the company has continued to manufacture asbestos-related products. Settlements Through settlements of lawsuits or jury verdicts, asbestos victims can be awarded compensation for medical expenses, lost income and suffering. A knowledgeable mesothelioma lawyer will assist the victim through the legal process, filing the proper paperwork and representing the victim in court proceedings. Lawsuits alleging asbestos exposure and illness have been filed from the 1920s onward, but it was not until the 1970s that evidence accumulated confirming the link between asbestos and certain kinds of cancers. Once the link was established, asbestos companies began to go under. They were also required to set up large trust funds in order to fund future litigation. In 1986, these asbestos litigation issues led the Asbestos Claims Facility to be created. It was created to streamline the handling of claims and help manage the growing litigation crises. The number of asbestos litigation cases increased, and in the early 2000s, there was a backlog involving thousands of asbestos lawsuits. The amount a mesothelioma patient is likely to receive from a lawsuit settlement or jury award is contingent upon many factors, such as the severity of the disease and the length of time between exposure and the first signs of symptoms manifesting. Victims must also consider the impact of their condition on the quality of their life and any resulting impairments. Although some asbestos cases have resulted in large jury verdicts most victims opt for a settlement rather than proceeding to trial. It is often simpler for the plaintiff to settle a lawsuit than to win a trial, and the potential of appeals could encumbrate compensation for a number of years. Settlements in lawsuits also allow the victim to avoid stress and trauma from testifying during trial. Trial After exposure, asbestosis, mesothelioma and other asbestos-related illnesses may develop. It is not unusual for asbestos-related victims to be stricken for a long period of time before they are able to sue the companies accountable for their illness. Statutes of limitations, as they are known in the state allow people between one and three years to file an asbestos suit subject to the location they reside. Even after the statutes of limitation have expired, victims and their families may still be able recover compensation by suing companies that sold asbestos-related products to them or asbestos trust funds that assume liability on behalf of these companies. In addition to filing lawsuits on behalf of themselves victims may also join group actions. This permits them to file complaints on behalf of other victims who have similar asbestos exposure histories. It is important to keep in mind that joining a group action may limit your rights and you won't be able to negotiate an individual award. Your lawyer will gather evidence during trial to demonstrate how you were exposed and which products that contain asbestos caused your condition. This involves identifying asbestos producers and compiling information on their products including the locations in which asbestos was employed. Defendants might try to contest this evidence, arguing that you haven't proved your case. However, a knowledgeable mesothelioma lawyer can successfully counter these arguments and help you get the compensation you are entitled to. Throughout the litigation, large companies that exposed asbestos victims have attempted to minimize their responsibility to compensate victims by filing frivolous claims. A mesothelioma lawyer is capable of securing the victory against these tactics, which are designed to delay your case until you die or become too sick to fight for justice.