Mesothelioma Lawyers - How to File an Asbestos Lawsuit
A New York mesothelioma attorney can provide assistance to those suffering from the disease. A lawyer can examine the asbestos history of the patient and determine who is liable for compensation.
Asbestos, which is a hazardous mineral that comes in the form of needles, is a danger to breathe as well as ingested by dust particles. The majority of asbestos-related illnesses are caused by occupational exposure. However, some people are ill due to secondhand exposure or contaminated products.
What is Asbestos liability?
Asbestos claims have been among of the biggest liability issues for businesses. These claims could involve thousands of people who were exposed to asbestos in a variety of places, such as industrial plants and Navy ships. These victims are often diagnosed with cancers such as mesothelioma. Mass torts, or asbestos lawsuits, are also known as mass torts when a large number of victims were injured due to the actions of a single defendant.
In an asbestos case, there are three theories of liability that include breach of warranty (negligence) as well as strict product liability, and strict liability for breach of warranty. In a case of negligence the plaintiff must prove that the defendant's wrongful conduct in the use or sale of asbestos products caused the plaintiff's injury. This means proving that the defendant was aware or should have known that their product was hazardous and could cause harm to others. In a case of negligence, the causation issue is usually the most difficult element to prove. Defendants frequently attempt to discredit plaintiffs claims by presenting evidence and studies which doubt whether asbestos is a cause of cancer or other diseases. Because of the lengthy time between exposure and the first signs 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 must prove that the defendant's product caused their injuries. However the plaintiff doesn't have to prove that the defendant acted negligently to be able claim damages under this theory. The strict liability of products is applicable to those that are dangerous by nature and the manufacturer should therefore have known about this.
Lastly, premises liability cases are based on the idea that property owners have a duty to keep their property safe for guests. This is especially important in asbestos cases as a lot of the victims were exposed to the dangerous material while working. This is due to asbestos being used to make various construction materials, which were frequently brought to workplaces.
Mesothelioma can develop years after exposure. Unfortunately, this leaves many victims with little time to pursue compensation. Because of the possibility of massive damages, victims should consider seeking legal action against any company that is responsible for their asbestos-related injuries.
Who is responsible in an asbestos-related case?
A claim for mesothelioma or another asbestos-related illness requires a plaintiff to prove the following elements:
Negligence: The defendants acted negligently when they produced, sold or used asbestos products. In many instances the companies did not adequately warn their employees and the general public of asbestos' dangers. Some companies even tried to hide asbestos's dangers from the public.
Causation: The defendant's actions directly contributed to the asbestos-related injury. This means that in the majority cases, asbestos exposure caused mesothelioma development after a person worked with asbestos on a regular base like an machinist or miner. Damages: The injured party is suffering emotional and financial losses due to the asbestos-related disease. These losses can include medical expenses loss of income, property value and pain and suffering.
If the court finds that the defendant's conduct to be particularly reckless or malicious, punitive damage could be awarded. This is especially true when the asbestos company knew or should have been aware of the risks associated with its products but chose to sell them regardless.
Many asbestos companies declared bankruptcy. A victim can still file a suit against a bankrupt business with the help of a lawyer. Many of the assets of dissolving asbestos companies were put into trust funds, which can be used to pay current and future asbestos-related injury victims.
The laws governing product liability do not only apply to manufacturers. retailers and distributors can also be held liable for selling asbestos-related products. In some instances, a lawsuit could name more than 100 defendants as accountable for mesothelioma and various asbestos-related injuries.
It is important to be aware that a long period of time can pass between an initial asbestos exposure and the beginning of a disease. Defense lawyers will often argue, because of this, that asbestos cannot be the reason for mesothelioma or other ailments cited by plaintiffs. An experienced asbestos lawyer can argue against this with a wealth of scientific and legal evidence.
How do I know If I have an Asbestos Case?
If you are able to make a legal claim for an asbestos-related illness depends on the severity of your symptoms, the extent to which your health has been affected and the time and place where your exposure occurred. Typically, the first step to determine if you have an asbestos-related illness is to get an official diagnosis from a doctor. Finding a medical professional who can identify mesothelioma or any other asbestos-related illness requires a thorough history and physical examination, xrays, CT scans or other tests.
It is also necessary to prove that you were exposed to asbestos. Exposure to asbestos is usually inhaled however, it can also be ingested. The development of asbestos-related illnesses is triggered by a variety of exposures over time. It isn't easy to prove since it requires a large amount of documentation including property and employment documents.
A mesothelioma lawyer who has experience can assist you with these details. They can also aid you in determining the source of asbestos exposure. This information is crucial to the success of an asbestos lawsuit or claim. An experienced mesothelioma attorney will have access to experts who can review your records and find the companies that may have been responsible for your exposure.
The majority of cases that result in a settlement involve one or more asbestos-related companies. A mesothelioma lawyer who is experienced can explain the different types of claims and lawsuits available to you.
In a personal-injury lawsuit you must prove four things: the cause of the injury and damages, the liability of the defendant, and the plaintiff's right to compensation. You must be able to prove that the company you are suing is negligent and that their negligence caused your injuries. A skilled attorney can help you prepare your case by looking over documents related to employment and medical, interviewing expert witnesses and getting ready for trial.
Unlike personal injury lawsuits, asbestos claims are complex and typically involve several corporate defendants. In addition the statute of limitations in most states for filing an asbestos lawsuit is shorter than that for a personal injury or workers compensation claim. Working with an experienced asbestos lawyer will help you avoid missing important deadlines and maximize your legal options.
How can I get the compensation I need?
Asbestos victims, their families, and other affected parties can receive compensation for medical expenses funeral expenses, loss of income, as well as pain and suffering. The main forms of mesothelioma compensation are settlements from asbestos trusts as well as mesothelioma lawsuits.
A seasoned mesothelioma lawyer will help the victims and their families determine which types of claims to submit. They will help families of victims collect the necessary documentation to prove their cases, such as work history, medical proof and the specific asbestos-containing products to which they were exposed. Apple Valley asbestos attorneys will also gather evidence, find and interview witnesses and conduct additional research to support the case.
Once the case is filed and the defendants are notified, they will usually have a short amount of time to respond. They usually agree to settle the case out of court, which allows them to save money and public embarrassment that can result from a trial. This is usually beneficial for the victim and their family members as well.
If a defendant refuses to settle the case then it is likely to be brought to court. During the trial, the attorneys will present evidence and arguments to support the claim of the victim. The jury and judge will then determine the final amount of compensation.
Asbestos victims also get financial aid through the U.S. Department of Veterans Affairs. VA disability benefits can provide medical and compensation for the victim, their spouse, or dependents. The amount of compensation is determined by the nature and severity.
In addition to VA and mesothelioma compensation, patients can also receive compensation from various asbestos trust funds. These payments can amount to millions of dollars if the victim was exposed asbestos-related products from various companies or in different locations. A Michigan man who was diagnosed with pleural msothelioma was compensated more than $1 million by a variety of asbestos trusts. The sum of these payments is what made his case so successful. Our free Survivors Guide will tell you more about his story. Our firm has a mesothelioma attorney who can assist you in filing a lawsuit against asbestos in order to get the compensation you are entitled to. Contact us or fill out our online form to request a no-cost consultation today.