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How to File an Asbestos Lawsuit A person who has been injured by asbestos may sue for asbestos-related injuries. Asbestos-related injuries can lead to cancers such as mesothelioma. The plaintiff may bring a claim against the company that produced or sold the asbestos product. The person who was injured can assert a claim against the mine that made the asbestos. Statute of Limitations Since medical evidence began to emerge in the 1930s relating asbestos exposure to mesothelioma and other lung diseases and mesothelioma, the families of victims have filed lawsuits against the companies that negligently exposed them to toxic asbestos. Asbestos litigation continues to this day. An attorney for mesothelioma can help you file a lawsuit against an asbestos manufacturer. The statute of limitations differs from state to state and can impact the timeframe for filing a lawsuit against asbestos. It isn't always easy to determine the exact date when a statute of limitations starts and ends, particularly in cases involving mesothelioma, a disease that is complex. For instance, mesothelioma is an incurable disease that can take years to be diagnosed. It can be difficult to determine the exact date of asbestos exposure. It is therefore crucial to work with a mesothelioma lawyer who has years of experience. Asbestos lawsuits are distinct in that they adhere to a different set of rules than other personal injury suits. Due to the lengthy time between asbestos-related injuries, it is typically impossible for victims to realize they've been injured until a long time after their first exposure. Asbestos-related claims are governed the “discovery” rule that permits victims to file a lawsuit after they've been diagnosed and have discovered their symptoms. 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. To pursue a successful asbestos claim, asbestos victims will be required to prove that they were exposed asbestos by one or more defendants. They must also be able to prove that the exposures caused their injuries. The time period for these cases is based on many factors including the location of the victim as well as the employer. Damages The amount of compensation that is awarded in a asbestos lawsuit will depend on the specific circumstances of each case. A jury can decide to award compensatory damages for medical expenses as well as lost wages as well as pain and suffering, and other losses related to the exposure to asbestos. The damages may also include punitive damage awards designed to penalize the company or discourage others from committing similar crimes. In some cases awards for compensation have been worth millions of dollars. Asbestos patients usually require financial compensation to cover living expenses, medical treatment and caregiving. For instance asbestos victims might have to spend money on transportation to and from doctor's appointments or for home health aids. They might also need to pay for medical or other treatments which are not covered by their insurance. The majority of asbestos victims, and their families, are not able to make a living. Additionally, they have to often travel to medical treatments and pay for lodging if traveling long distances. This can quickly add to. The law suits can help mesothelioma patients and their families obtain the funds they require to live comfortably. However it can be time-consuming and stressful, particularly when the victim's health is compromised. The majority of asbestos lawsuits settle prior to reaching trial. A mesothelioma lawyer can negotiate a fair settlement with the defendants and insurers. It is crucial to choose an experienced lawyer who is able and willing to stand trial to maximize the client's recovery. Many companies that manufactured and used asbestos-containing products have declared bankruptcy. These companies could have assets that could be seized to compensate asbestos victims. These claims are known as asbestos trust funds. A lawyer for the victim can make a claim against asbestos trust funds on behalf of the victim. These claims carry lower burdens of proof than traditional lawsuits and can be resolved quicker. Asbestos lawsuits can take a long time to resolve, however defendants may wish to avoid the risk of a large jury award and pay out a settlement. The time required for compensation to be paid out after a settlement depends on the type and severity of the asbestos claim, and the defendant's financial ability. Expert Witnesses Expert witnesses can provide important evidence in asbestos cases. They are experts who have specialized expertise of training, experience, and expertise in a specific area, such as mesothelioma. They are employed to assist judges, jury, and parties in understanding subjects that would not be commonly known. Expert witness testimony often consists of mesothelioma research and medical records, and laboratory analysis. They can also testify about the asbestos industry and the risks that come with it. It is crucial for a plaintiff to show that they have mesothelioma but it is more crucial to prove the causation. Without such proof, an asbestos victim could not receive the right amount of compensation for their loss. A scientific expert is necessary to prove this. Typically, this kind of expert is a radiologist or pathologist. A radiologist could claim that X-rays taken by a plaintiff and CT scans reveal scarring in the lungs, which is typical of asbestos. A pathologist can testify on the kinds of cancer cells found in a biopsy specimen. Other experts in science will be required to determine asbestos exposure while working and inhalation. This might involve an oncologist or pulmonologist or it may require an industrial hygienist or a certified asbestos specialist with the extensive training. These experts can testify that the materials removed during the remodel were more likely than not to contain asbestos or that shaking out work attire resulted in the release of asbestos fibers. Asbestos experts have a generally excellent reputation, and have been witnesses in hundreds or even many cases. They are therefore more trustworthy in the eyes the jury. Somerville asbestos attorney can also anticipate the defense's questions and know how best to give evidence to the jury. Moreover, they can help lawyers avoid a successful Daubert challenge, which is the defense's attempt to block expert testimony that is not relevant to the case. The proper screening of an expert witness could save lawyers time and resources. This can be accomplished by understanding the background of the expert and identifying discrepancies in their credentials. It is also important to select the right expert for the case, as many cases have been lost because of the Daubert challenge. Litigation In order to receive compensation, victims will need to prove two factors that they were exposed and the exposure caused an injury. The first is pretty simple, as asbestos is known to cause specific illnesses such as mesothelioma, pleural effusion, lung cancer and asbestosis. The second requires a bit more work, but it's essential. Finding evidence that a person has an asbestos-related condition requires medical records, and speaking to former colleagues or other sources of information on previous jobs. A mesothelioma lawyer will help victims collect evidence, such as the names of any defendants that could be implicated. It is important to understand the different types of asbestos lawsuits. Mesothelioma lawsuits are typically filed as personal death or injury lawsuits. In a personal injury claim, an individual can seek compensation for their medical expenses, lost wages, and the pain and suffering they suffered in the past. If a victim is killed by an asbestos-related disease, the family members can file a wrongful death lawsuit on behalf of their estate. Compensation awarded in wrongful deaths lawsuits can cover funeral expenses, loss of income and other financial losses. The size of an award depends on several factors such as the severity of the patient's condition, how and where they were exposed to asbestos, and the type of illness that they have. In general, patients with mesothelioma can expect to receive compensation in the millions. Many companies that made asbestos-containing products ended up going bankrupt. They were able to file bankruptcy and “trust funds” to compensate future victims were set up. The trust funds are now so exhausted that they have to divide 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.