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How to File an Asbestos Lawsuit An asbestos lawsuit is a person who has suffered an injury as a result of exposure to asbestos. Asbestos-related injuries can include mesothelioma and other types of cancer. The plaintiff can make a claim against the business who manufactured or sold the asbestos product. The person who is injured may also assert a claim against the mine which produced the asbestos. Statute of Limitations Since the 1930s, when medical evidence began to link asbestos exposure to lung diseases like mesothelioma and lung cancers like melanomas, victims have filed lawsuits to hold businesses accountable for exposing them asbestos. The asbestos litigation continues to today. A mesothelioma lawyer can help you file a lawsuit against an asbestos producer. Statutes of limitations vary by state and can have a significant impact on the timeline for filing an asbestos lawsuit. However it can be difficult to determine when the statute of limitations is set and when it expires, particularly in cases that involve complex mesothelioma-related diseases. Mesothelioma, for instance, is a progressive illness that can take a long time to become apparent. It can be difficult to determine the exact time of asbestos exposure. It is therefore important to find an asbestos lawyer with experience. Asbestos lawsuits are unique in that they adhere to a different set of rules as compared to other personal injury lawsuits. It is difficult for victims to determine that they have been injured due to the long latency of asbestos-related injuries. This could take a number of years. Asbestos-related claims are governed a “discovery” rule that permits victims to sue after having received a diagnosis and subsequently 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 be able to pursue a successful asbestos claim, asbestos victims will have to prove that they were exposed to asbestos by one or more defendants. They also need to prove that the exposures contributed to their injuries. The time limit for these cases is contingent on a variety of factors, including the location of the victim as well as the employer. Suffolk asbestos lawyer of compensation that is awarded in a asbestos lawsuit will depend on the specific circumstances of each case. A jury may decide to award compensatory damages for medical expenses, lost wages as well as pain and suffering, and other losses resulting from the asbestos exposure of the victim. Often, these damages also include punitive damages meant to retaliate against the company and prevent others from engaging in similar wrongful conduct. A number of cases have resulted in compensation payouts in the millions of dollars. Asbestos victims usually require an award to pay the costs of living expenses, treatment and caregiving. For instance, an asbestos victim may be required to pay for transportation to and from doctor's appointments or for home health aides. In addition, they may require reimbursement for medication or complementary therapies not covered by insurance. Most asbestos victims and their families are unable to work, which means they have lost wages. Additionally, they have to frequently travel to medical appointments and pay for lodging if traveling for long distances. This can quickly add up. Lawsuits may help mesothelioma patients and their families receive the funds they require to live comfortably. A lawsuit can be stressful and time-consuming particularly if the victim is in poor health. The majority of asbestos lawsuits settle prior to reaching trial. A knowledgeable mesothelioma lawyer will negotiate a fair settlement with defendants and their insurers. It is crucial to select a lawyer who is willing to appear in court to maximize a 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 referred to as asbestos trust funds. A victim's lawyer may make a claim against asbestos trust funds on behalf of the victim. These claims are faster and less burdensome than traditional lawsuits. Asbestos-related lawsuits can take years to resolve, but defendants may wish to avoid the risk of a huge jury award and settle the case. The time required for compensation to be paid after a settlement will depend on the type and severity of the asbestos claim, and the financial capacity of the defendant. Expert Witnesses Expert witnesses can be crucial evidence in asbestos cases. They are professionals who have special training, experience and skills in a certain subject, like mesothelioma. They are hired by the judge, jury and parties to help them comprehend subjects that they would not otherwise be knowledgeable about. Expert witness testimony is typically comprised of mesothelioma studies medical records, as well as lab tests. In addition, they can also testify about asbestos industry and the dangers associated with asbestos. It is essential that a plaintiff prove that they have mesothelioma. But it is more important to prove the causation. Without such evidence, asbestos victims could not receive fair compensation for their losses. This requires a scientist. Typically, this type of expert is a pathologist or radiologist. A radiologist can testify 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 types of cancer cells found in a biopsy specimen. Other experts from the scientific community are required to determine the risk of asbestos exposure on the job and inhalation. This could involve an oncologist or pulmonologist or it could require an industrial hygienist or a certified asbestos professional with the required extensive training. These experts can testify to the fact that the materials thrown out during a renovation were more than likely to contain asbestos, or that swishing work attire let asbestos fibers escape. Asbestos experts enjoy a generally good reputation and have been witnesses in hundreds or even dozens of cases. Because of this, they are more credible in the eyes of the jury. They are also able to anticipate questions from the defense and know how to communicate evidence to the jury. They can also aid a lawyer to avoid a Daubert challenge. This is a defense attempt to block expert witness testimony that is not relevant to the case. A thorough screening of an expert witness can save lawyers time and resources. This can be done by studying the background of the expert and finding discrepancies in credentials. It is also crucial to select the right expert for the case since many cases have been lost because of the Daubert challenge. Litigation To be eligible for compensation, victims must to demonstrate two factors: they were exposed and the exposure caused injuries. The first is relatively simple to prove, since asbestos is known to cause certain illnesses such as mesothelioma, lung cancer, pleural effusion and asbestosis. The second requires a bit more effort, but it's vital. To prove that an asbestos-related illness was a result of the exposure, it's essential to get medical records and talk with former coworkers or other sources of information on previous jobs. A mesothelioma lawyer can help victims gather evidence, including the names of any defendants that could be implicated. It's also important to be aware of the various kinds of lawsuits that could be filed in asbestos cases. Mesothelioma lawsuits are generally filed as personal injury or death lawsuits. In a personal injury claim, an individual can seek compensation for medical expenses, lost wages and the pain and suffering they suffered in the past. If an asbestos-related illness causes a victim to die or pass away, the family members of the victim can file a lawsuit on behalf of the estate of the deceased. Compensation awarded in wrongful deaths claims can include funeral expenses, income loss and other financial losses. The amount of compensation received depends on a variety of factors including the severity of a patient's disease, the location and method of exposure to asbestos, and the nature and severity of their illness. In general, mesothelioma patients are likely to receive compensation in the millions. Many of the companies that made asbestos-containing products have gone under and filed bankruptcy cases where “trust funds” were created to pay future victims. The trust funds are 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.