Mesothelioma Lawyers – How to File an Asbestos Lawsuit
Mesothelioma patients should consult an experienced New York mesothelioma lawyer for help. A lawyer can look over the victim’s asbestos history and determine who is accountable for compensation.
Asbestos is a dangerous needle-like mineral which can be inhaled, or ingested, as dust particles. Most asbestos-related illnesses are caused by occupational exposure, but some sufferers are sick due to exposure to asbestos from secondhand sources or toxic consumer products.
What is Asbestos Liability?
Asbestos claims are among the largest liability issues that companies have faced. These claims could involve thousands of people who were exposed to asbestos at a variety of sites such as industrial plants, Navy ships, and homes. The victims are often diagnosed with cancer such as mesothelioma from the exposure. Asbestos lawsuits are also known as mass torts since a large number of victims were affected by the actions of one defendant.
In a case involving asbestos there are three theories of accountability that include breach of warranty (negligence), strict product liability, and strict liability for breach of warranty. In a case of negligence the plaintiff must demonstrate that the defendant was negligent in the use or sale of an asbestos product and that the negligence caused injury to them. This means proving that the defendant was aware or ought to have knew that their product was hazardous and could cause harm to others. Causation is often the most difficult thing to prove in the case of negligence. Defense attorneys often try to discredit plaintiffs’ claims by presenting scientific reports and studies which question whether asbestos may cause mesothelioma and other diseases. It can be difficult to prove the origin of a product containing asbestos due to the lengthy delay in symptoms between exposure and onset.
Strict liability claims are similar to negligence claims, in that plaintiffs have to prove that the product of the defendant caused their injuries. The plaintiff does not need to prove negligence on the part of the defendant to claim damages. The strict liability of products is only applicable to those that are dangerous in nature and the maker should have been aware of this.
Finally, premises liability cases are based on the concept that property owners are required to keep their property safe for guests. This is especially important when it comes to asbestos cases since a large portion of these victims were exposed to the harmful material while working. This is due to asbestos being used to create various construction materials which were often brought to the workplace.
Mesothelioma is a devastating illness that can take years to manifest following exposure. Unfortunately, many victims are left with little time to seek compensation. Victims should think about filing a lawsuit to claim damages that could be substantial against any company accountable for their asbestos-related injuries.
Who is responsible in an asbestos case?
A claim for mesothelioma, or any other asbestos-related disease requires the plaintiff to establish the following elements:
Negligence: The defendants were negligent when they manufactured, used or sold asbestos-related products. In a lot of cases the companies did not provide adequate warnings to their employees or to the general public of asbestos’ dangers. In fact, some companies even actively tried to conceal asbestos’ dangers from the general public.
Causation: The actions of the defendant directly contributed to the asbestos-related injury. In most instances, this means that someone who was exposed to asbestos on a regular basis like an machinist, miner, or construction worker, developed mesothelioma after exposure to the hazardous substance. Damages: The injured party has suffered emotional and financial loss as a result of the asbestos-related illness. These losses can include medical costs as well as lost income, property value, and pain and suffering.
In addition, punitive damages may be awarded if a court finds that the defendant’s actions were reckless or malicious. This is particularly true if asbestos-related companies knew, or should be aware of the risks associated with its products and continued to market asbestos products.
Many asbestos companies declared bankruptcy. The victims can still file a suit against a bankrupt firm with the assistance of a lawyer. A large portion of asbestos companies’ assets were placed into trust funds that are available to pay the present and future victims of asbestos-related injuries.
Laws governing product liability don’t only apply to manufacturers. retailers and distributors can also be held accountable for selling asbestos-related products. In some instances, a single lawsuit can identify more than 100 defendants responsible for a person’s mesothelioma or other asbestos-related injury.
It is also important to keep in mind that it is common for there to be a significant amount of time between initial exposure to asbestos and the onset of an illness. Because of this, defense lawyers frequently argue that asbestos does not cause mesothelioma and related diseases alleged by the plaintiff. An experienced asbestos lawyer will counter this argument with extensive legal and scientific evidence.
What can I do to determine if I have an asbestos-related case?
If you have an asbestos lawyers-related illness the legal rights you have is based on your symptoms, your health condition and the location and time of your exposure. The first step to determine whether an asbestos attorney-related condition is present is to seek a medical diagnosis. Finding a medical professional who can identify mesothelioma or any other asbestos-related disease requires a thorough history and physical examination, xrays, CT scans, or other tests.
You must also prove that you were exposed to asbestos. Exposure is most often inhaled but can also be ingested. The development of asbestos-related illnesses is triggered by a variety of exposures over time. Proving this can require a lot of documentation including property and employment records as well as work history and medical and testing documentation.
A mesothelioma attorney with experience can assist you with these details. They can also assist you to determine the cause of your exposure to asbestos. This information is essential for the success of an asbestos claim or lawsuit. A good mesothelioma lawyer will have access to experts who can examine the records and discover businesses that could be accountable for your exposure.
Most cases that end in a settlement involve one or more asbestos companies. A mesothelioma lawyer who is experienced can explain the different kinds of lawsuits and claims that are available to you.
In a personal injury lawsuit you must establish four elements: causation of the injury as well as damages, liability of the defendant and the plaintiff’s right to compensation. In addition to showing causation, you need to establish that the company that you are seeking to sue was negligent and their negligence contributed to your injury. An experienced lawyer can prepare your case by looking over the employment and medical records and interviewing expert witnesses, as well as preparing for trial.
Unlike personal injury lawsuits, asbestos claims are complex and usually involve multiple corporate defendants. The statute of limitations for filing an asbestos lawsuit is usually shorter in the majority of states than it is for a personal injury claim or workers’ compensation. A skilled asbestos attorney can help you maximize your legal options and avoid the pitfalls of missing deadlines.
How Do I Receive the Compensation I Need?
Asbestos victims and their families can seek compensation to cover funeral expenses, medical expenses, lost income, pain and suffering and much more. Settlements from asbestos trusts, and mesothelioma lawsuits are the two primary forms of compensation for mesothelioma.
An experienced mesothelioma attorney can help victims and loved ones decide on the type of claims they should submit. They will assist the families of victims and their loved ones collect the necessary documentation for their case, such as work history, medical proof and the specific asbestos-related products they were exposed to. A lawyer will also gather evidence as well as interview witnesses and conduct additional research in order to build the case.
The defendants typically have a limited time to respond once the case has been filed. They usually agree to a settlement outside of court in order to avoid the expense, exposure to the public and embarrassment that comes with a trial. This is often beneficial for the victim and their family as well.
If a defendant does not settle the matter, it will most likely go to court. During the trial, the attorneys will provide evidence and arguments to support the claim of the victim. The amount of compensation will be decided by the judge and jury.
Asbestos sufferers can also receive financial assistance from the U.S. Department of Veterans Affairs. VA disability benefits may provide healthcare and compensation for the victim, their spouse or dependents. Compensation is determined based on the type and severity.
In addition to VA and mesothelioma compensation, victims can also receive payments from several asbestos trust funds. These payouts can be millions of dollars when the victim was exposed to asbestos products by various companies or in different locations. For instance an Michigan man who was diagnosed with pleural mesothelioma received more than $1 million in compensation from various asbestos trusts. This sum of money is what made the case so successful. Our free Survivors Guide will tell you more about his story. A mesothelioma lawyer at our firm can help you start an asbestos lawsuit to receive the compensation you are entitled to. Call or complete our online form to request a free case evaluation today.