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How to File an Asbestos Lawsuit A person who has been injured by asbestos may make a claim for compensation against asbestos. Asbestos-related cancers can result from asbestos exposure such as mesothelioma. The plaintiff may make a claim against the company that produced or sold the product. The injured person may also file a claim against a mine which produced asbestos. Statute of Limitations Since the 1930s, when medical evidence began to connect asbestos exposure to lung diseases like mesothelioma, as well as lung cancers like Melanoma, sufferers have filed lawsuits to hold companies accountable for exposing their employees to asbestos. Bryan asbestos attorneys continues to the present. An attorney for mesothelioma can help you file a lawsuit against an asbestos manufacturer. Limitations on time for filing lawsuits vary from state to state and can impact the timeframe for filing lawsuits against asbestos. It is often difficult to pinpoint the exact date when a statute of limitation starts and ends, particularly when dealing with complex diseases like mesothelioma. For instance, mesothelioma can be a progressive illness that can take years to manifest. It can be difficult to pinpoint the exact time of asbestos exposure. This is why it is essential to work with an experienced mesothelioma attorney. Asbestos suits are different because they follow a different set of rules than other personal injury lawsuits. Due to the long time between asbestos-related injuries, it's usually impossible for victims to realize they've been injured until many years after initial exposure. Therefore, asbestos-related claims follow the “discovery rule” that allows victims to file lawsuits once they have noticed their symptoms and have received a diagnosis. In addition to the discovery rule, asbestos-related lawsuits also rely on a specific statute of limitations. California Code of Civil Procedure Section 340.2 establishes a special statute of limitations for asbestos-related claims. The court ruled that strict adherence to the primary-right theory would create a conflict with fundamental tort law principles and defeat the purpose of Section 340.2, which was designed to allow plaintiffs the opportunity to seek redress for injuries caused by the progressive nature of asbestos-related illnesses. In order to file a successful claim, asbestos victims must be able to prove that they were exposed to asbestos from one or more defendants. They also need to demonstrate that these exposures contributed to their injuries. The statute of limitations for these cases depends on many factors including the location of the victim as well as the employer. Damages The amount of compensation that is awarded in asbestos lawsuits is determined by the circumstances of each case. A jury could give compensation for medical expenses and lost wages, pain and suffering and other losses that result from the asbestos exposure of the victim. These damages could include punitive damages designed to penalize the company or deter others from committing similar crimes. Many cases in the past have resulted into compensation awards in the millions of dollars. Asbestos patients usually require financial compensation to cover expenses for living, medical treatment and caregiving. For example, an asbestos victim may be required to pay for transportation to and from doctor's appointments as well as for home health aides. They may also have to pay for medications or complementary therapies which are not covered by their insurance. The majority of asbestos victims, as well as their families are not able to make an income. In addition, they often travel to medical treatments and pay for lodging when traveling for long distances. This can quickly add up. The law suits can help mesothelioma patients and their families receive the money they require to live comfortably. A lawsuit can be stressful and time-consuming, especially when the victim is in poor health. The majority of asbestos lawsuits settle before trial. A knowledgeable mesothelioma lawyer will negotiate an equitable settlement with the defendants and their insurers. However, it is important to hire an experienced attorney who is able and willing to take on trial to maximize the client's recovery. Many companies that made and used asbestos-containing products have declared bankruptcy. These companies could have assets that could be used to pay compensation to asbestos victims. These claims are known as asbestos trust funds. The attorney of the victim can make an asbestos trust fund claim on behalf of the victim. These claims are more expedient and have lower burdens than traditional lawsuits. Asbestos claims can take a number of years to resolve. However, defendants may prefer to stay clear of the risk that a huge jury verdict is handed down and settle for a smaller amount. The length of time it takes to receive a payment after a settlement depends on the nature of the asbestos claim and the defendant's capacity to pay. Expert Witnesses Expert witnesses can provide important evidence in asbestos cases. These are professionals that have special knowledge of training, experience, and expertise in a specific area, such as mesothelioma. They are employed by the judge, jury and parties to help them understand the subject matter they might not otherwise be knowledgeable about. Expert witness testimony often consists of mesothelioma research, medical documents, and laboratory analysis. They can also testify about the asbestos industry, and the risks associated with it. It is necessary for a plaintiff to show that they have mesothelioma, however, it is even more important to prove that there is a causal link. A victim of asbestos could not be compensated fairly for their loss without this evidence. A scientific expert is required to accomplish this. Typically, this kind of expert is a radiologist or a pathologist. Radiologists can confirm that a plaintiff's X rays or CT scans show scarring of the lungs, which is characteristic of asbestos exposure. A pathologist can testify on the kinds of cancer cells that are discovered in a biopsy sample. Other scientific experts will be needed to determine asbestos exposure while working and inhalation. This may require an oncologist or pulmonologist or it may require an industrial hygienist or a certified asbestos specialist with the extensive training. These experts can testify to the fact that materials disturbed during a renovation were more than likely to contain asbestos or that swishing work attire resulted in the release of asbestos fibers. Asbestos experts have a generally good reputation and have testified in hundreds or even many cases. This means that they are more trustworthy in the eyes of the jury. They are also able to anticipate questions from the defense and know how best to present information to the juror. They can also help a lawyer to avoid a Daubert challenge. This is a defense attempt to block expert witness testimony that isn't relevant to the issue. If they are able to properly vet experts, lawyers can save time and money. This can be accomplished by studying the background of the expert and identifying any discrepancies in their qualifications. It is important to choose the right expert, as many cases were thrown out due to the Daubert problem. Litigation To be eligible for compensation, victims will need to demonstrate two factors they were exposed to asbestos and the exposure caused an injury. Asbestos is known to cause certain illnesses, such as mesothelioma and lung cancer. The second step is a little more challenging, but it is vital. To prove that an asbestos-related disease was a result of the exposure, it's important to obtain medical records and talk with former coworkers or other sources of information on the previous jobs. An experienced mesothelioma attorney will help victims gather evidence including the names of potential defendants. It's also important to understand the various kinds of lawsuits that could be filed in asbestos cases. Mesothelioma lawsuits are typically filed as personal injury or wrongful death lawsuits. In a personal injury claim, the plaintiff may seek compensation for medical expenses, lost wages, and pain and discomfort that they experienced in the past. If an asbestos-related disease results in the death of a victim, their family members can make a claim on behalf of the victim's estate. Funeral expenses, lost income, and other financial losses can be included in compensation paid for claims relating to wrongful deaths. The amount of compensation depends on a variety of factors, such as the severity of the illness, the location and method of exposure to asbestos and the nature and severity of their illness. In general, mesothelioma patients can expect to receive monetary compensation of millions. Many companies that manufactured asbestos-containing products ended up going bankrupt. They were able to file bankruptcy and “trust funds” to compensate future victims were established. The trust funds are now so depleted they have to ration payments. Additionally, some states have laws in place that allow for victims to file lawsuits against asbestos manufacturers and their insurance companies directly. An experienced mesothelioma lawyer can help victims file these lawsuits in the most appropriate jurisdiction. Mesothelioma patients should never settle for representation by an unqualified law firm or try to handle their case alone. The top law firms specialize in representing mesothelioma victims, and they are more likely to be capable of fully investigating the case and determining where to file.