Asbestos Lawsuits – How to File a Personal Injury Lawsuit
Each asbestos case is unique and is dependent on the time and location, as well as the manner in which the individual was exposed. A mesothelioma lawyer will provide a general estimation of the value of a case during an initial consultation.
The attorneys at LK know how to handle these types of cases from beginning to the end. Asbestos litigation is usually an extensive process which requires the plaintiff’s involvement.
Getting Started
Getting an asbestos lawsuit started depends on many factors, including state laws that govern how long the statute of limitation is for mesothelioma claims and other kinds of injuries. A knowledgeable lawyer can help you determine whether your claim is suitable for legal action.
Once your lawyer has all the details they require, they’ll prepare a legal complaint that outlines the exposure you received to the contaminant and how it caused your illness. Then, they file the suit on your behalf, making you known as the plaintiff in the case. The manufacturers of the asbestos-based products that you are suing are referred to as defendants. After receiving a copy of the suit, they may settle or deny liability.
Most mesothelioma lawsuits involve more than one defendant. An attorney for mesothelioma can look over asbestos exposure lawsuit exposure documents and databases to identify all possible liable parties. It is important to partner with a national law firm since they are better at conducting an investigation into asbestos exposure across several states.
Your lawyer will also collect medical bills and employment records to demonstrate the severity and extent of your injuries. They can assist you in compiling the documents required to file an asbestos lawsuit that could include a subpoena of your medical records and possibly an interview with your employer or other witnesses.
You must act quickly in the event that you are diagnosed with mesothelioma or another asbestos-related illness. In some states the statute of limitations is in effect from the moment mesothelioma or an asbestos-related disease is identified. In some states, the statutes of limitations are shorter. They can be as little as two years.
A mesothelioma lawyer with experience will provide you with options for filing an action and determining the best way to seek financial compensation through an asbestos trust. Asbestos victims can get between $5 million and $11.4 million on average based on the verdict of a trial that is successful.
A seasoned attorney will be able to negotiate with the defendants to try to reach an agreement that is in your best interest. It’s not uncommon for mesothelioma victims to offer large settlements to avoid the costs of trial. They might also want to avoid the negative publicity often associated with a trial.
Case Investigation
Asbestos litigation is different from other personal injury cases in that the injuries suffered by asbestos victims are typically permanent, long-lasting, and severe. These cases involve complex medical issues that require expert testimony. They also include claims against a number of companies, both those that remain in business as well as those that have declared bankruptcy. Our attorneys are familiar with the laws and procedures that apply to these types of cases.
A mesothelioma lawyer who is experienced will hire a team of medical professionals to review your medical records including radiology reports, pathology tests or other tests to determine if the symptoms you are experiencing are due to asbestos. This is called establishing causation. Without this crucial piece of evidence, it is likely that you will not receive a fair settlement offer.
Once we have this evidence, we can file an action on your behalf against the responsible parties. A typical mesothelioma claim seeks compensation for damages. This can be a financial payment for the physical and mental suffering caused by your illness, which includes the loss of enjoyment of life as well as lower earnings, medical expenses and more. In certain situations spouses may be entitled to a portion for the loss of the companionship or consortium.
We have successfully held asbestos product manufacturers, suppliers and distributors accountable for exposing thousands of people deadly substance. These defendants include companies from the United States, Canada, and the Middle East. Certain companies who have declared bankruptcy have created trust funds to pay mesothelioma compensation to asbestos victims.
In asbestos litigation, defendants are hesitant to pay compensation and use different strategies to reduce liability. They may attempt to argue that the law is not correct or that the victim was not exposed to asbestos. They could also try to get legal rulings which allow them to escape their responsibility by filing bankruptcy.
Some of these tactics are simply stalling strategies, to buy time before the statutes of limitations have expired. The statutes of limitation vary from state to state. A New York attorney can help you understand the rules of your particular state and how they impact the statutes of limitations.
Filing a Lawsuit
The process of litigation can take a lot of time, regardless of whether you decide to settle your case or go to trial. This is particularly true for mesothelioma cases. The team of lawyers at LK can assist you through the process. This includes interviewing experts, reviewing medical records, and negotiations with defendants’ lawyers.
In most instances, the defendants in mesothelioma cases are large businesses that have hired costly lawyers to try and thwart your case. The mesothelioma attorneys at LK have the skills and experience to thwart these tactics. They will ensure that your case is moving forward.
Your lawyer will also make sure that you have the proper evidence to prove the asbestos exposure that caused your disease. This may include medical reports from the hospital or cancer center in which you received your diagnosis. This could include information about your employment history as well as information on the places you were exposed.
In a mesothelioma case, you will be able to sue asbestos product manufacturers who placed profits over safety of workers. Most asbestos-related lawsuit companies knew about asbestos’ dangers for decades before they began using it in their products. However, they continued to use the dangerous material until it became too late for many workers and their families.
Mesothelioma victims can obtain compensation from the companies that manufactured asbestos products or from their insurers or victims’ trust funds. Many asbestos victims receive substantial settlements, including multi-million-dollar verdicts.
You can bring an action for wrongful death if you lost loved ones to mesothelioma. The basis for wrongful death claims is on the premise that someone’s life was shortened due to negligence, and their family deserves justice.
It is important to consult an experienced mesothelioma lawyer immediately you get a diagnosis of mesothelioma, or any other asbestos lawsuit compensation-related illness. Depending on where you live you could have different statutes of limitation which determines the length of time you are required to file a lawsuit. You will lose your right to compensation if you do not meet the deadline. Additionally, many asbestos-related illnesses take years to develop, meaning you must act quickly to ensure that your rights are protected.
Trial
asbestos personal injury lawsuit victims and their families make personal injury claims to recover compensation for the financial losses incurred by asbestos exposure. This could include medical expenses for mesothelioma treatment, loss of income and travel costs as well as pain and personal suffering loss of quality of life, funeral costs and more. These compensations help patients pay for life-saving treatments, and hold responsible corporations accountable for their negligence in asbestos-related companies.
Due to the high cost asbestos cases are typically litigated in federal courts and are tried in the most prestigious jurisdictions throughout the country. Trials are complex and highly contestable, and the victims often face multiple defendants in large cases.
Some cases do not conclude, and victims are often forced to settle for a substantial amount of compensation. These victims are usually awarded large amounts of money by a judge or a jury, but many defendants have had success arguing that they do not have liability.
Many plaintiffs, and their attorneys have worked hard to combat these defense strategies in order to obtain justice for their client. An example is the case of an Navy veteran who was diagnosed with asbestosis. He sued numerous companies, including John Crane Inc. and others that made equipment, distributed or sold it to be for oil rigs where he worked as a marine engineering technologist.
This case was a significant victory for the victim, his family and the company. It helped to set the stage for future victims to pursue their claims.
Another case of recent times is a woman who contracted mesothelioma after laundering husband’s work clothes, which were contaminated with asbestos from his job as a mechanic. She filed a wrongful-death suit against Carlisle Industrial Brake & Friction Inc. which manufactured brake linings on Mack trucks.
The woman’s lawyer suggested that defendants could have avoided asbestos exposure to the victim by using less toxic substances in their products. The company was able of arguing that it was not at fault since the victim was diagnosed with mesothelioma 51 years after he first exposed to asbestos.