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How to File an Asbestos Lawsuit Every asbestos claim is different however, there are some common elements to a successful lawsuit. This includes evidence of the victim's injuries and evidence of exposure to asbestos-containing products. Asbestos claims must be filed according to state laws (also known as statutes of limitation) and handled by an experienced lawyer. After a legal claim has been filed, the victim have a period of discovery during which they can study and gather details. Work History Asbestos is a hazardous group of fibrous minerals. It was used previously in building materials and many people have been exposed to it throughout their lives. It has been linked to serious illnesses, like mesothelioma, lung cancer and asbestosis. Those who have been diagnosed with asbestos-related illnesses or mesothelioma as well as their loved ones could be eligible for compensation. Many victims or the relatives of mesothelioma patients file lawsuits against asbestos-related companies that negligently exposed them dangerous mineral. The first step to file an asbestos lawsuit is to consult an experienced lawyer. Lawyers who specialize in mesothelioma have the knowledge to analyze medical records of a victim and interview witnesses and find evidence of asbestos-related exposure. They are also able to identify any asbestos-related manufacturers and decide where to file the lawsuit. It is important to note that the asbestos industry knew about the dangers of asbestos from the 1930s and 1940s but they continued to use it and even produced more of this dangerous substance. Asbestos, a fine mineral that can be inhaled as dust or swallowed. When the fibers are in the body, they could get trapped in tissues like the stomach or lungs. Lawyers for mesothelioma will need to know the entire employment history of a victim to determine the extent of asbestos exposure and who is accountable. Most asbestos-related companies that exposed their workers to asbestos have gone out of business. Those that have not had to pay into an asbestos trust fund to aid victims and their families. Your lawyer can help decide which trust to file your claim with and begin the process. In the discovery phase of an asbestos-related case, your attorney will exchange documents and information with attorneys of the defendant. This can include requesting company records and conducting depositions. This can make or break mesothelioma litigation. If you are unable to reach a fair settlement with your lawyer the case could be tried at trial. Medical Records Your attorney will need your medical records if your been diagnosed with mesothelioma or another asbestos-related disease. This information is essential to proving your exposure to asbestos and the connection between exposure and the disease. Asbestos exposure can cause asbestos cancer to develop years after the initial exposure. This is why it is essential to seek legal advice immediately. An attorney for mesothelioma will ensure that your claim is filed before the statute of limitation expires, and also ensure that you have the proper documents to support your claim. During the asbestos litigation process your attorney will go through your medical records and other documents to determine which companies were responsible for mesothelioma or other asbestos-related illnesses. They will also have to determine how you were affected by asbestos. In many instances, this will require talking to your doctor or other healthcare professionals who will have access to your health history and may be able to explain your exposure. Mesothelioma lawyers will need to collect evidence to prove that the asbestos companies were aware of asbestos exposure and that they were negligent in their actions. This includes company records, mesothelioma tests from witnesses, and other evidence that can be used to prove your case. The discovery process can take a while as both parties share information. You or a loved one might also be asked to provide an oral testimony, where you will be questioned about asbestos exposure and your previous work history. A diagnosis of mesothelioma can be devastating. However, filing a suit can be the best way to obtain compensation for emotional and physical injuries. Every year, thousands of asbestos victims file asbestos lawsuits to recover compensation for their losses. 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 Your lawyer will bring in experts to testify on behalf of you. These experts are doctors, engineers and other specialists who have a deep understanding of asbestos. They can testify about the way that asbestos exposure may have resulted in your illness. These experts may include pathologists and radiologists. Your asbestos lawyers will take care to select these experts. New Rochelle asbestos lawyers should have a good reputation for integrity, which will increase their credibility with the jury. They should also have experience in asbestos litigation to anticipate the questions of defense attorneys and present their case as efficiently as they can. Duty and cause are the two main pillars in a lawsuit for inaction to warn asbestos. Fact witnesses are only able to be able to testify on the basis of facts, while experts can offer opinions and conclusions based on their knowledge or experiences. Expert witnesses often help plaintiffs prove their case by showing a link between the defendant's product and the patient's condition. An expert witness could, for example provide evidence that an asbestos-exposed Navy ship worker suffered an irreparable lungs scar and a higher than 50% chance of dying of mesothelioma. The expert witness should be knowledgeable about the ship's 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 the human body. Asbestos victims often assert that the negligence of a manufacturer caused their illness. They might claim that a business did not take enough steps to ensure safety of workers or that they were aware of the dangers, but failed to warn workers. While a lot of asbestos companies have a long track record of producing and selling asbestos-related products however, the law is changing in this field. On April 26, 2022, the New York Supreme Court ruled that expert testimony must demonstrate the existence of a toxic substance and its causal relationship with an adverse health effect in order 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 get stuck in your stomach or lungs. This may cause you to develop an asbestos-related condition such as mesothelioma, pleural effusion or another condition. You can file a claim for compensation against the companies who exposed you to asbestos if you experience these symptoms. The statute of limitations – also known as the time limit within which you must bring a lawsuit varies from state to state. It usually begins when you receive a mesothelioma diagnosis or notice that a loved one of yours has passed away from an asbestos-related disease. It is important to file a claim as soon you can to avoid any delays. You'll need to provide supporting documentation, such as medical bills, employment records, treatment records and test results. You may also have to be a part of a deposition or other court proceedings. Asbestos lawyers often utilize the data and evidence gathered by their clients to present a compelling case for compensation. The amount you get will be contingent on a variety of factors, including the type of mesothelioma that you have and the location you file your lawsuit, and your work history. Mesothelioma and other asbestos-related diseases are typically diagnosed years or decades after exposure. In the wake of this, insurance companies started to attempt to avoid liability by challenging the legitimacy of the previous insurance policies that covered asbestos exposure. This was referred to as the “selection defense.” The insurers claimed that workers had no choice but to rely on the guidelines levels of asbestos exposure provided by employers and that the levels were safe. This was a sly attempt to avoid liability and the Court was able to rule against the insurers in the House of Lords. This led to many more asbestos cases being settled outside of court. The majority of asbestos claims are settled outside of court today.