How to File an Asbestos Lawsuit

Each asbestos lawsuit is different, but there are some common elements that can make a lawsuit successful. This includes evidence of the injury suffered by the victim and proof of exposure to asbestos-containing products.

Asbestos claims must be filed in accordance with the laws of the state (also called statutes of limitations) and handled by an experienced lawyer. After a legal claim has been filed, the victims are able to enter the discovery period to conduct research and gather vital information.

Work History

Asbestos is a hazardous group of fibrous minerals. It was used as a building material, and many people were exposed to asbestos throughout their lives. It is known to cause serious illnesses, like lung cancer, mesothelioma and asbestosis.

Anyone diagnosed with asbestos-related diseases or mesothelioma as well as their loved ones could be eligible for compensation. Many victims or the family members of deceased mesothelioma sufferers file lawsuits against asbestos lawyers-related companies that negligently exposed them to this dangerous mineral.

The first step in filing an asbestos lawsuit is to engage a skilled lawyer. Attorneys who specialize in mesothelioma possess the knowledge to analyze medical records of a victim, interview potential witnesses, and locate asbestos-related proof. They are also able to identify any asbestos-related manufacturers and determine the best place to start the lawsuit.

Remember that asbestos was considered to be dangerous in the 1930s and 1940s. Yet, the asbestos industry continued to use and manufacture this hazardous material. Asbestos is a thin mineral that can be breathed in or swallowed as dust particles. Once it reaches the body, the needle-like fibers can lodge in tissues like the stomach or lungs. Mesothelioma lawyers will need to know a person's entire employment history in order to determine the place where the asbestos exposure occurred and who is responsible for the victim's disease.

Most asbestos-related companies that exposed their employees to asbestos have gone out of business. Those that have not had to pay into an asbestos trust fund to help victims and their families. Your lawyer will decide the trust you should file your claim against and assist you to start the process.

During the discovery stage of an asbestos case, your attorney will exchange documents and information with the attorneys of the defendant. This may include requesting company records and conducting depositions. This can either make or break mesothelioma cases. If you are unable to reach an equitable settlement with your lawyer, the case can be brought to trial.

Medical Records

If you have a diagnosis of mesothelioma or another asbestos-related disease, your attorney will need to examine your medical records. This information is essential to documenting your exposure to asbestos and the connection between that exposure and the disease.

Asbestos exposure can cause asbestos cancer to develop years after the initial exposure. It is therefore important to seek legal advice as soon as you can. An attorney for mesothelioma can make sure that your claim is filed before the time limit expires, and also ensure that you have the proper documentation to prove your claim.

During the asbestos litigation process your attorney will review your medical files and other records to determine which companies were responsible for your mesothelioma and other asbestos-related diseases. They will also need to determine the extent to which you were exposed to the substance. This may involve talking with your doctor, or other healthcare providers. They will have access to your health history and might be able to explain your exposure.

Mesothelioma lawyers must collect evidence to prove that asbestos companies were negligent and acted knowingly. This includes company records, mesothelioma testimonies from witnesses and other evidence that will help to strengthen your case. The discovery process, during which both sides share information, can take several months to be completed. You or a loved one may also be asked to provide a testimony, in which you will be questioned regarding asbestos exposure as well as your work history.

Although a diagnosis of mesothelioma can be devastating, filing a lawsuit can be the best way to recover compensation for the emotional and physical damage you have endured. Thousands of asbestos lawsuits are filed each year in order to collect compensation.

If you or a loved one have been diagnosed with an asbestos-related disease, contact a mesothelioma law firm for a free consultation and case review. The attorneys at The Mesothelioma Center can connect victims with top-rated mesothelioma lawyers for a free initial case review and free consultation. Thousands of Americans have benefited from their representation in asbestos cases.

Expert Witnesses

If you are in court your mesothelioma lawyer will have specialized witnesses testify on your behalf. These experts are engineers, doctors, and other specialists with extensive knowledge of asbestos. They will testify about how your asbestos exposure may have led to your illness. They could include radiologists and pathologists.

Your asbestos lawyers will pick these experts with care. They should have a good reputation for honesty. This will enhance their credibility before juries. They should also have sufficient experience in asbestos litigation in order to anticipate the questions of defense attorneys and present information as effectively as possible.

Duty and cause are the two primary pillars in a lawsuit for failure to warn asbestos. Fact witnesses can only testify about facts, but experts can provide opinions and conclusions based on their expertise or experiences. Expert witnesses are often able to help plaintiffs prove their case by showing a link between the defendant's product and the patient's condition.

An expert witness could, for instance, testify that an asbestos lawyer-exposed Navy shipworker suffered an irreparable lung scar and a higher than 50% chance of dying of mesothelioma. The expert witness should be familiar with the ship construction and maintenance at the time the worker was employed, as well the types of asbestos that were employed. This type of expert could be an industrial hygienist who has expertise in asbestos exposure and its effects on human health.

Asbestos patients frequently assert that the negligence of the manufacturer is what caused their condition. They may claim that a company did not take enough steps to ensure safety of workers or they knew about the dangers but failed to warn workers.

The law in this field is changing. While a lot of asbestos companies are famous for their long tradition of manufacturing and selling asbestos products, it is still changing. On April 26, 2022 the New York Supreme Court ruled that expert testimony must prove both the presence of a toxic substance as well as its causal connection with an adverse health effect to satisfy the Frye standard of evidence in the case of a lawsuit.

Court Cases

If you're exposed to asbestos the tiny fibers may be absorbed into your stomach or lungs. This could cause you to develop an asbestos-related illness like mesothelioma, effusion or a different condition. When these symptoms occur, you may file a lawsuit against the companies that exposed you to asbestos in order to claim compensation.

The statute of limitations - the time frame to file a lawsuit – varies between states. It typically begins when you receive mesothelioma diagnoses or discover that a loved one has passed away from an asbestos-related illness. It is important to file your claim as soon you can to avoid delays.

You will need to provide documents to support your claim, such as medical bills and employment records, treatment records, and test results. You could be required to appear in a deposition or other type of court proceeding.

Asbestos lawyers often utilize the data and evidence collected by their clients to make a convincing case for compensation. The amount you receive will depend on a variety of factors, including the kind of mesothelioma you have, where you file your lawsuit and your employment history.

Since asbestos-related diseases can take for so long to manifest, mesothelioma as well as other asbestos illnesses are often diagnosed several years or even decades after exposure caused them. In the wake of this, insurance companies began trying to avoid liability by challenging the validity of the historical insurance policies that covered asbestos exposure. This was known as the "selection defense."

The insurers claimed that workers were required to rely solely on the guidelines on exposure levels to asbestos given by employers and that these levels are safe. This was a cynical attempt to evade liability and the Court found against the insurers in the House of Lords.

This decision led to the settlement of many asbestos cases outside of court. The majority of asbestos claims are settled out of court today.