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How to File an Asbestos Lawsuit A mesothelioma lawyer can help asbestos victims win 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 over a trial. An experienced lawyer will determine if a client should file claims against the trust fund. Statute of Limitations Asbestos victims diagnosed with a mesothelioma or another asbestos-related disease have a range of options to seek compensation. To safeguard their legal rights, they must act quickly. This includes understanding the statute of limitations, which sets how long a plaintiff has to bring a lawsuit against at-fault parties. Mesothelioma attorneys are familiar with federal and state asbestos laws and can assist their clients determine if the statute of limitation applies to their case. In general, patients have a period of time to file an asbestos lawsuit based on their state and the nature of the claim they're filing. For example personal injury lawsuits have two years of statute of limitations and wrongful death lawsuits have a one year statute of limitations. The wrongful death lawsuits can be filed by the surviving relatives of a mesothelioma patient who died or their estate representatives. In most cases the plaintiff's “clock” starts to tick when they realize or should have known that they were exposed to asbestos and that exposure led to their illness. However, since mesothelioma has a long latency period, it can take between 10 to 40 years before a mesothelioma diagnosis can be made. The standard rule might not be applicable in all asbestos-related cases. Other factors that can impact the time limit for asbestos lawsuits are: Where the victim was exposed to asbestos, the place they lived and the place where they worked and the type of asbestos products the individual was exposed to, could also affect the time limit for a claim. This is due to the fact that different states have different statutes of limitations. Additionally, if a plaintiff previously filed an asbestos lawsuit and it was dismissed or settled, they are not prevented from filing another claim for a different asbestos-related disease. This was decided in the 1973 important asbestos case Borel v. Fibreboard Paper Prods. Corp. Damages Compensation is available for those suffering from asbestos-related diseases such as mesothelioma. This could include compensation for future and past medical expenses, lost income, and pain and suffering. A mesothelioma lawyer with experience can assist a person to assess the worth of their case through a free case review. In the United States courts award monetary damages to mesothelioma patients. The amount of money awarded depends on a variety of variables such as the severity of the case and the state in which the plaintiff filed their lawsuit as well as their work history. Asbestos litigation has been a lengthy mass injury, and a few firms that made asbestos-containing products have declared bankruptcy due to the volume of claims filed against them. As a result, many asbestos victims have been able to collect damages from companies who took on the liability for asbestos companies in bankruptcy cases and from asbestos trust funds. Some victims may also be entitled to punitive damage. These are intended to punish the defendant in case they have acted recklessly or knowingly in disregarding a known danger. In order to be awarded punitive damages a victim has to show that the defendant did more than just demonstrate incompetence. The companies that mined raw asbestos and then sold it to other companies to make asbestos-containing products could be held accountable in certain cases. In the same way, companies that advertised and stocked these asbestos-containing products might be held responsible too. In addition to these businesses the plaintiff's employer could be held accountable for exposure to asbestos. The family members of a mesothelioma patient could also be entitled to compensation. This is particularly relevant in cases of wrongful death. An estate representative of the estate of a deceased victim can start a mesothelioma wrongful-death lawsuit on their behalf to pursue justice and get the fair financial compensation they deserve. The asbestos laws in the United States vary from state to state and are a bit ambiguous. A mesothelioma attorney with experience can assist a person in deciding the best jurisdiction in which to file a mesothelioma lawsuit. Simi Valley asbestos lawsuit can also assist in finding asbestos experts who can testify at trial. A person who is represented by a skilled mesothelioma lawyer has a greater chance of being successful in obtaining the damages they are entitled to. Expert Witnesses An expert witness is one who has particular knowledge or expertise in a specific subject area. In asbestos litigations, experts present evidence to prove the cause or link between asbestos fiber exposure and serious illness. They are usually industrial hygiene or oncologists. Expert witnesses are essential for a successful asbestos case. Finding and screening asbestos experts in litigation can be time-consuming and difficult. An experienced attorney can make the necessary steps to avoid delays during this crucial phase of the legal process. Before a case is heard it is crucial to ensure that the experts are qualified to give evidence that is valuable. This involves examining their education and experience, reviewing their opinions and determining whether they are based upon reliable sources. This vetting procedure can be used by lawyers to determine if an expert meets the requirements according to the Frye and Daubert standards. The most competent experts in asbestos litigation are those who have testified in similar cases. These professionals have built a solid reputation and are able to answer questions from the defense counsel and how to present their information in a convincing manner for a jury. In addition to expert witnesses, lawyers must also collect as much evidence as is possible to prove that an asbestos victim was exposed to a particular product and that this exposure caused their illness. It can be difficult to prove this, because people may not be able to remember what asbestos-containing products they were exposed to. The medical records of the victim could provide valuable clues. A lawyer can also meet with the patient to learn about the materials used by the person working. The defendants may try to delay the case by filing frivolous court motions. Our mesothelioma lawyers are adept in thwarting these tactics and ensuring that the case is resolved quickly. Contact us to arrange an appointment for a no-cost consultation. Attending this consultation will not bind you to employ our firm. Trial The trial part of an asbestos lawsuit takes place where your lawyer tries to present the facts of your case to the court. They do this by presenting evidence such as your employment background, medical evidence of your diagnosis and the products you were exposed to during your job. Your lawyer will identify the companies or manufacturers responsible for the exposure you received. The defendants will have a specified number of days to respond. They can then either acknowledge to the allegations or refuse to acknowledge them. If they deny the allegations then your lawyer will move forward with the trial. A mesothelioma lawyer will know how to present the most convincing case to help you obtain compensation. They are also in a position to determine the best jurisdiction for your claim. Many law firms with experience have national offices, which means they can easily transfer a claim to the most advantageous state for their clients. Asbestos victims are typically faced with multiple defendants. Your mesothelioma attorney may submit a multidistrict lawsuit motion (MDL) in order to manage the case. The MDL process helps to reduce costs and reduce the chance of inconsistent rulings. Your attorney will carefully analyze the evidence in your case before deciding whether or not to make an MDL. Many asbestos-producing firms have been bankrupted. They have created trusts to pay compensation to asbestos victims who have suffered in the past and in the future. But, you can't sue a company that went into bankruptcy due to asbestos exposure through the court system. Once the MDL is created and approved, it will be assigned to one or more judges. The judge will conduct a conference to discuss the cases and any issues that arise in the litigation. During the discovery stage, your mesothelioma lawyer will gather information from the Defendant asbestos companies. This will include written documents (interrogatories) and oral evidence (depositions). During this period, your lawyer will try to reach an agreement on a financial settlement. The majority of asbestos-related claims settle in settlements well before the trial date. Your mesothelioma lawyer must value your input and consult with you throughout the legal process to determine what might be in your best interests. If you are not satisfied with the outcome of your case, you have the right to seek a second review, also known as an appeal.