Mesothelioma Lawyers - How to File an Asbestos Lawsuit

A New York mesothelioma attorney can provide assistance to patients suffering from the disease. An experienced attorney can analyze a victim's asbestos exposure background to determine who could be liable for mesothelioma compensation.

Asbestos, a hazardous mineral that comes in the form of needles, can be inhaled and ingested by dust particles. Most asbestos-related diseases result from occupational exposure. However, some victims are ill due to secondhand exposure or contaminated products.

What is Asbestos liability?

Asbestos claims are one of the biggest liability concerns for companies. These claims can involve thousands of people who were exposed to asbestos in a variety of places, such as factories and Navy ships. Many of the victims develop cancers such as mesothelioma due to the exposure. Asbestos lawsuits are also known as mass torts because many victims were injured by the actions of a single defendant.

There are three theories of liability in an asbestos case: breach of warranty, negligence, and strict product liability. In a negligence claim the plaintiff must prove that the defendant's negligence in the sale or use of asbestos products led to the plaintiff's injury. It is important to prove that the defendant knew or ought to have known that their product was hazardous and cause harm to others. In a negligence case, the causation issue is usually the most difficult thing to prove. Defense lawyers often attempt to discredit plaintiffs claims by presenting reports and studies which question whether asbestos causes cancer or other ailments. Because of the lengthy time between exposure and the onset of symptoms, it is often difficult to prove that a particular asbestos-containing product caused the victim's injury.

Strict liability claims are similar to negligence claims in that plaintiffs have to prove that the product of the defendant caused their injuries. However the plaintiff does not have to prove that the defendant was negligent to be able to claim damages under this theory. Product liability is a strict rule for products that are dangerous in nature and, therefore the manufacturer must have known that their product was a risk.

Finaly premises liability cases are founded on the premise that property owners should protect their premises from guests. This is particularly true in asbestos cases, as many victims were exposed to toxic substances when working. This is because the asbestos was used in a variety of building materials, which were often brought into workplaces.

Mesothelioma is a debilitating disease that can take years to manifest after exposure. Unfortunately, this can leave many victims with little time to seek compensation. Because of the possibility of significant damages, victims should think about taking legal action against any company that is responsible for their asbestos-related injury.

Who Is Liable in an Asbestos Case?

A person who wishes to assert a claim against mesothelioma or any other asbestos-related disease, must demonstrate the following:

Negligence: The defendants were negligent when they produced, used or sold asbestos products. In many cases, the companies failed to warn their employees or the general public about the dangers of asbestos. In some cases, companies even actively sought to conceal asbestos' dangers from the general public.

Causation: The defendant’s actions directly led to asbestos-related injuries. This means that in most instances, exposure to asbestos led to mesothelioma development after a person worked with the substance regularly for a long time, such as a machinist or miner. Damages: The person who was injured is suffering emotional and financial loss as a result of the asbestos-related illness. These losses may include medical expenses, loss of income and property value as well as pain and suffering.

If the court finds that the defendant's actions to be particularly reckless or malicious, punitive damage could be awarded. This is particularly true if asbestos companies knew or should have been aware of the risks associated with its products but chose to sell them anyway.

Many asbestos companies eventually declared bankruptcy. The victims can still file a suit against a bankrupt business with the assistance of a lawyer. Many asbestos companies that were dissolved's assets were put into trust funds that are available to pay future and present victims of asbestos-related injuries.

Distributors and retailers are responsible for the sale of asbestos-related products. In certain cases one lawsuit could name more than 100 defendants accountable for mesothelioma and other asbestos-related injury.

It is important to be aware that a long period of time could pass between an initial asbestos exposure and the beginning of a disease. Because of this, defense lawyers will often assert that asbestos does not cause mesothelioma or related condition claimed by the plaintiff. A knowledgeable asbestos lawyer can counteract this argument by providing extensive scientific and legal evidence.

What can I do to determine whether I have an asbestos-related case?

If you suffer from an asbestos-related condition the legal rights you have will be based on the symptoms, your health status and the time and location of your exposure. The first step to determining if an asbestos-related disease is present is to seek a medical diagnosis. A thorough physical exam and history, aswell as x-rays or CT scans are essential to diagnose mesothelioma.

You must also prove you were exposed to asbestos. Exposure is usually inhaled but it is also possible to inhale. Many asbestos lawsuits-related diseases are caused by the accumulation of exposures over a long amount of time. This isn't easy to prove since it requires a large amount of documentation such as employment and property records.

A mesothelioma lawyer with expertise can assist you with these details. They can also assist in determining the cause of asbestos exposure. This information is essential to the success of a lawsuit or asbestos claim. An experienced mesothelioma attorney has access to experts who can examine your records and determine the companies that may have been responsible for your exposure.

Most cases that end in a settlement involve one or more asbestos attorney-related companies. A knowledgeable mesothelioma lawyer will explain the various kinds of lawsuits and claims available to you.

In a personal injury case, you must prove four things: causation, damages, the liability of the defendant and the plaintiff's entitlement to compensation. You must also prove that the business you are suing was negligent and has contributed to your injuries. An experienced lawyer will prepare your case for trial by examining the employment and medical records and contacting expert witnesses and preparing for trial.

Asbestos claims are more complex than personal injury lawsuits, and they involve several corporate defendants. The time-limit for filing an asbestos claim is usually shorter in the majority of states than for a personal injury claim or workers' compensation. Working with an experienced asbestos lawyer can help you to avoid missing important deadlines and maximize your legal options.

How do I get the compensation I need?

Asbestos victims family members, as well as other parties affected can receive compensation for medical costs funeral expenses, lost income, as well as pain and suffering. The most common mesothelioma compensation types are settlements from asbestos trusts as well as mesothelioma lawsuits.

An experienced mesothelioma attorney can help victims and loved ones decide on the type of claims they should make. They will assist the families of victims and their loved ones, gather the necessary documentation for their cases, including the history of their employment, medical evidence and the specific asbestos lawsuits-related products they were exposed to. An attorney will also collect evidence, interview and locate witnesses, and conduct other research to aid in the construction of the case.

Once the case is filed and the defendants are notified, they will usually have a limited time to reply. They often settle out of court to avoid the cost, exposure to the public and embarrassment associated with the trial. This is often beneficial for the victim and their family members as well.

If a defendant refuses to settle the matter the case will be taken to court. During the trial the attorneys will argue and present evidence to support the victim's claim. The judge and jury will then decide the amount of compensation to be paid.

Asbestos sufferers can also receive financial aid through the U.S. Department of Veterans Affairs. VA disability benefits can provide healthcare and compensation to the victim, surviving spouse and dependents. The amount of compensation is determined by the nature and severity.

In addition to VA and mesothelioma compensation, patients can also receive payments from several asbestos trust funds. These payments can amount to millions of dollars, particularly in the event that a victim has been exposed to asbestos-related products from a variety of locations and companies. A Michigan man who was diagnosed with pleural msothelioma was compensated over $1 million by multiple asbestos trusts. This sum of money is what made the case so successful. Find out more about his case in our free Survivors Guide. A mesothelioma lawyer at our firm can help you make an asbestos lawsuit and receive the compensation you deserve. Contact us or fill out our online form to request a free consultation today.