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How to File an Asbestos Lawsuit A mesothelioma lawyer could help asbestos victims receive compensation. The lawyers are skilled at constructing a strong case with medical records, employment histories and other evidence. They can decide if a settlement is better for the client than a trial. An experienced lawyer can determine if a victim should file a claim against the trust fund. Statute of Limitations Asbestos victims who are diagnosed with mesothelioma or another asbestos-related disease have several options for compensation. However, they must act swiftly to ensure that their rights are protected. This includes understanding the statute of limitations, which determines the time a plaintiff must file a lawsuit against at-fault parties. Mesothelioma attorneys are familiar with state and federal asbestos laws and can assist their clients determine if the statute of limitations applies to their particular case. In general, patients have a couple of years to file a lawsuit depending on their state and the type of claim they are filing. For instance, personal injury lawsuits have a two-year statute of limitation, while wrongful death claims have a one-year statute of limitations. The wrongful death lawsuits can be filed by survivors of a deceased mesothelioma victim or their estate representatives. In most cases, the statute of limitations “clock” starts to begin to tick when a plaintiff is aware or should have realized they were exposed to asbestos and their condition was triggered by that exposure. However, since mesothelioma has an extended period of latency and can last between 10 to 40 years before a mesothelioma diagnosis is made. This means that the conventional rule may not be applicable to asbestos-related cases. Other factors that can impact the statute of limitations for asbestos lawsuits are: The statute of limitations can also be affected by the location of the victim, their employer and where they lived, as well as what asbestos products they were exposed to. This is because every state has a different statute of limitations. A plaintiff who previously filed a lawsuit against asbestos and the case was dismissed or settled, is not barred from pursuing a claim for another asbestos-related disease. This was ruled out in the landmark asbestos case Borel V. Westland asbestos lawsuit . Corp. Damages Compensation may be available for those suffering from asbestos-related diseases such as mesothelioma. This can include compensation for past and future medical expenses, lost income, and suffering and pain. A mesothelioma lawyer with experience can help someone assess the worth of their case during a free case review. In the United States courts award monetary damages to mesothelioma sufferers. The amount awarded can vary depending on several factors including the severity of the victim's health, the state in which they file their suit, and their previous work history. Asbestos litigation has been a long-running mass injury, and a few companies that produced asbestos-containing products have been forced to go bankrupt due to the sheer volume of claims filed against them. In the end, many asbestos victims have been able to receive damages from companies who took on the liability for asbestos companies in bankruptcy cases and from asbestos trust funds. Certain victims also have the right to punitive damages. These are meant to punish the defendant for recklessly or knowingly disregarding a known risk. To be awarded punitive damages, the victim must show that the defendant did more than show carelessness. In certain instances asbestos-mining companies and sold it to others to make asbestos-containing goods may be held responsible. In some instances, the companies that sold or stocked asbestos-containing products can be held accountable. Asbestos exposure can also be attributed to the plaintiff's employer. The family members of mesothelioma patients may also be entitled compensation. This is particularly applicable in the event of wrongful death. An estate representative of the estate of a deceased person can start a mesothelioma wrongful-death lawsuit on their behalf to seek justice and obtain the fair financial compensation they are entitled to. The laws governing asbestos claims in the United States are complex and differ from state to state. An attorney for mesothelioma can help a person determine the best location to make a claim. A lawyer can also help in finding asbestos experts who can testify at trial. A person who is represented by an experienced mesothelioma law firm has a greater chance of success in obtaining the damages they are entitled to. Expert Witnesses An expert witness is someone with specific knowledge or experience in a particular field of study. In asbestos litigation, experts usually provide evidence in a trial that can help establish cause or a connection between exposure to asbestos fibers and a serious illness. These experts are typically industrial hygienists or oncologists. Expert witnesses are a crucial component of a successful asbestos lawsuit. Finding and the selection of asbestos experts in litigation can be a time-consuming and challenging task. An experienced lawyer will take the necessary steps to avoid delays at this crucial point in the legal process. Before a case can be tried, it's important to make sure that the experts are qualified to give evidence that is valuable. This includes examining their education and training as well as examining the substance of their opinions, and determining if they are founded on reliable sources. A lawyer can also use this vetting process to determine if a professional will be able to pass under the Frye or Daubert standards. The best asbestos experts are those who have previously testified in similar cases. They have a strong reputation and are able to answer questions asked by defense counsel. They also know how to present evidence to jurors in a convincing manner. In addition to expert witnesses, a lawyer must also gather as much evidence as possible to prove that an asbestos victim was exposed to a particular product and that exposure led to their illness. This can be difficult since victims typically don't recall the specific asbestos-laden substances to which they were exposed. The medical records of the victim could provide crucial clues and a lawyer may speak with the patient to learn about the types of materials that the person used at work. In asbestos cases, defendants may attempt to delay a trial by filing frivolous motions. Our mesothelioma lawyers are adept in thwarting these tactics and ensuring that the case is resolved quickly. To get started with your case, please contact us to schedule a free initial consultation. Participating in this meeting will not bind you to engage our firm. Trial In the trial phase of your asbestos claim, your attorney will argue your case in court. They present evidence including your employment history, medical evidence of your diagnosis and the products you were exposed to while at your job. Your lawyer will identify the manufacturers or companies responsible for the exposure you received. The defendants have a certain amount of time to respond. They can then either admit to the allegations or refuse to acknowledge them. If they deny the allegations then your lawyer will proceed with the trial. A mesothelioma lawyer knows how to present the most convincing case to get you compensation. They are also in a position to decide which jurisdiction is best for your claim. Many reputable law firms have national offices, meaning they are able to transfer a claim to the most advantageous state for their clients. Asbestos patients are usually faced with multiple defendants. Your mesothelioma attorney could make a multidistrict litigation motion (MDL) to manage the case. The MDL procedure helps reduce costs and decrease the risk of inconsistent rulings. Your attorney will carefully analyze the evidence in your case prior to deciding whether or if to make an MDL. Many asbestos-producing firms have gone bankrupt. This is why they have created trusts to compensate the past and future asbestos victims. However, you are not able to claim a company that went bankrupt due to asbestos exposure in the court system. When the MDL is created and approved, it will be assigned to a judge or judges. The judge will hold an informal conference to discuss the cases and any issues in the litigation. During the discovery stage, your mesothelioma lawyer will gather information from asbestos companies that defend themselves. This includes written documents, such as interrogatories, and oral testimony. During this period your lawyer will attempt to reach a settlement on the amount of money to settle. Most asbestos claims will be settled before the trial date. Your mesothelioma lawyer should value your input and consult with you throughout the legal process to determine what may be in your best interest. If you are dissatisfied with a decision that was made in your case, you have the right to seek a further review, which is known as an appeal.