What is an Asbestos Claim?
An asbestos claim is a legal claim filed by an asbestos-related victim to seek compensation. The claim can result in compensation via settlement, trust-fund payment or trial verdict.
The companies that manufactured asbestos-based products were aware of its hazardous, yet they continued to use it for decades without disclosing the risks. This negligence led to mesothelioma as well as other asbestos-related diseases.
Statute of Limitations
You're given a specific amount of time to file a lawsuit or seek compensation from an asbestos fund. This is known as the time limit. It's a legal deadline that you must meet in order to file an action.
The time period for extending the statute of limitations varies from state to state, but most states have statutory deadlines for personal injury cases such as mesothelioma. These statutes typically begin to run when the injured person realizes or should have known the asbestos exposure that caused for the disease. In most mesothelioma cases, this is the date of diagnosis,
asbestos claim but the clock may also be paused or tolled in certain situations.
For instance, if the victim was a minor or did not have legal capacity, a court can suspend the statute of limitations until they reach the age of majority or be granted legal capacity. In addition, some jurisdictions will waive the statute of limitations altogether in cases involving fraudulent concealment by the defendant.
Asbestos claims can be complicated due to the fact that the symptoms of mesothelioma and other asbestos-related diseases often do not manifest until a long time after exposure. This is why it's vital to seek out a qualified
asbestos lawyer as soon as possible to ensure that your claim doesn't expire.
An experienced attorney will know the nuances of the statute of limitations and how it relates to your particular case. They can also aid you in determining the best way to pursue compensation. In certain situations an award from a trust fund may be more beneficial than filing a suit. This is because a lawsuit can be expensive and stressful. Trust fund claims, on contrary, are less disruptive and require less resources.
A reputable mesothelioma or asbestos law firm will take on only the most limited number of cases at a given time, ensuring that they can give their full attention to each client. Clapper, Patti Schweizer & Mason has a wealth of experience handling these kinds of claims and has the resources to advocate for you for fair compensation. Contact the firm today to learn more about your options.
Damages
Asbestos-related ailments are costly to treat, and victims need compensation for their medical bills. The amount that is paid to a patient is contingent upon the specific facts and circumstances in their case, which includes the type of asbestos disease and the length of time they have been suffering from it for. The value of an asbestos lawsuit can be difficult to determine because there is no standard formula. A knowledgeable lawyer can help victims understand the potential value in a lawsuit.
The first step in an
asbestos claim is to establish that the defendant or their companies are accountable for the plaintiff's injuries. This can be accomplished by filing an injury lawsuit or wrongful death lawsuit against the responsible parties. These lawsuits are filed by family members who are surviving of victims who have died from an asbestos-related illness, like mesothelioma.
Based on the circumstances the asbestos manufacturer could be accountable for the exposure of an individual to this deadly material. This includes asbestos mining companies as well as manufacturers of asbestos-related products and construction firms that handled or exposed workers to asbestos-containing materials. Some of these companies have filed for bankruptcy, but others remain in operation and are solvent. Asbestos bankruptcy trustees were established to address asbestos-related liabilities of these companies.
The trusts were put in place to provide a substantial amount of funds for future victims to receive fair compensation. This compensation is meant to cover the cost of a person's mesothelioma treatment and other health-related expenses. The award should also cover any expenses out of pocket a victim may incur because of asbestos-related illnesses. Transport costs can be costly and insurance may not cover home health aids and complementary therapies, as well as other costs.
In addition, compensatory damages may be awarded to a victim for the pain and
Asbestos claim suffering associated with their condition. The amount of damages is determined by the verdict of an arbitrator or jury in trial. A jury will be asked how much a person has suffered from their age, as well as physical limitations, whether their illness is terminal, and how their condition has affected their day-today life.
Expert Witnesses
Experts are vital in asbestos lawsuits. They help plaintiffs to prove their claims. An expert witness should be able to explain complicated concepts in a manner that is both comprehensible and logical. They can also testify as to what caused the asbestos exposure and how it affected the plaintiff's lifestyle. In an asbestos case, experts are usually doctors, scientists or engineers. They are experts in the kind and amount of asbestos to which the plaintiff was subjected. They also have knowledge about toxicology and risk assessments. They can draft reports, give expert opinions and testify in depositions and trials. They may also serve as asbestos experts to consult and provide advice to plaintiffs.
An experienced mesothelioma lawyer knows how to find the right expert witnesses for every case. Based on the nature of the case the expert witness may need to know about the background of asbestos manufacturing and how the company utilized asbestos-based products. An expert in the field can provide important information, such as a timeline that shows when different manufacturers employed asbestos, which firms used specific types of asbestos and the locations where defendants were.
Medical experts are essential in asbestos cases, as they can provide evidence of the link between asbestos exposure and mesothelioma as well as other illnesses. They can aid jurors determine what signs to look for and how asbestos diseases are diagnosed. They can also show that the disease is caused by asbestos exposure and not a different disease or condition.
Scientists can also be helpful to plaintiffs since they can prove that the type of asbestos that a person was exposed to is responsible for mesothelioma. They can also explain how asbestos is harmful and why people should follow appropriate safety measures when handling it. They can tell the jury that asbestos should be handled using masks, protective clothing, and gloves to prevent asbestos fibers from being breathed in.
An industrial hygienist may assist plaintiffs establish the connection between their injuries and asbestos. They could, for instance provide evidence that the materials that are disturbed in a remodel will be more likely to contain asbestos, or that shaking the clothing of asbestos-contaminated people will result in the release of asbestos fibers. They can also testify in regards to the regulations and standards that were in place at the time the asbestos was installed.
Attorney Fees
Compensation cannot erase the physical, emotional and financial burden mesothelioma imposes on the victims and their loved relatives. However, by hiring a skilled New York mesothelioma attorney, families and victims can ensure that asbestos manufacturers who are responsible compensate them for their mistakes.