What is an
Asbestos Claim?
A legal action is brought by an asbestos victim to seek compensation. The claim could result in compensation via a settlement, trust fund payment or trial verdict.
The asbestos manufacturers were aware that their products were dangerous, but they continued using them for decades without disclosing any potential risks. This inattention led to mesothelioma and other asbestos-related diseases.
Statute of Limitations
Whether you're seeking compensation from an asbestos trust fund or filing a lawsuit you're given a limited period of time in which to file. This is called a statute of limitations and it's the legal deadline within which you must submit a claim, or risk losing your right to seek justice.
The statutes of limitations for states vary however, most states have deadlines for personal injury claims, including mesothelioma. The statutes usually begin to run at the point that the person who suffered an injury was aware that their asbestos exposure was responsible for their condition. In the majority of mesothelioma cases this is the date of diagnosis. However, the clock may be stopped or even tolled in certain circumstances.
If the victim is minor or does not have legal capacity, the court is able to suspend the statute of limitations until the person reaches the age of adulthood, or has their legal incapacity removed. Certain jurisdictions also waive the statute of limitations in instances where the defendant has fraudulently concealed the crime.
Asbestos claims are complicated by the fact that symptoms of mesothelioma or other asbestos-related diseases often do not manifest for many years after exposure. This is why it's important to contact a qualified
asbestos lawyer as soon as possible to ensure that your claim does not expire.
A competent attorney knows the intricacies and how they will apply to your specific case. They can also assist you to determine the best method of pursuing compensation. In certain situations, a trust fund payout might be more appropriate than filing an action. This is because lawsuits can be costly and stressful. Trust fund claims, on the other hand, are not as intrusive and require fewer resources.
A reputable mesothelioma and asbestos law firm can handle only one or two cases at a time, ensuring they can give their complete attention to each client. Clapper, Patti, Schweizer & Mason is a seasoned attorney in these kinds of cases and has the resources to fight for your right to a fair amount of compensation. Contact the firm today to learn more about your options.
Damages
Asbestos-related diseases are expensive to treat and victims need compensation to pay for their medical expenses. The amount of money awarded to the victim is determined by the facts and circumstances of their particular case including the type of asbestos-related disease as well as the length of time they have suffered from it. It isn't easy to determine the value of an asbestos lawsuit because there isn't a set formula. An experienced lawyer can help victims to understand the value of a suit.
The first step to filing a successful asbestos claim is to establish that the defendant company or firms are responsible for the plaintiffs' injuries. This can be accomplished by filing an injury claim or wrongful death lawsuit against the parties responsible. The survivors of the family are the ones who bring wrongful death lawsuits against asbestos-related illnesses, such as mesothelioma.
In the event of an incident the asbestos manufacturer could be held accountable for the exposure of a person to this harmful substance. This includes asbestos mining companies and asbestos product manufacturers as well as construction companies that handled or exposed workers asbestos-containing materials. Some of these companies have gone bankrupt however, others remain in business and are solvent. Asbestos bankruptcy trusts have been created to deal with asbestos-related liabilities for
asbestos lawyer these companies.
These trusts were created to ensure that there is enough funds to ensure that future victims in a fair manner. This compensation is intended to cover the cost of mesothelioma treatment for a patient and other health-related expenses. The financial award must also be able to account for any other expenses out of pocket that an individual may need to pay due to their asbestos-related ailments. For instance, the cost of transportation could add up, and home health aides or complementary therapies may not be covered by insurance.
Additionally, compensatory damages can be given to a victim in exchange for suffering and pain caused by their condition. The amount of damages awarded is decided by the judge or jury at trial. A jury will be asked to assess the monetary value of a person's suffering which includes their physical and age limitations; whether or not their condition is terminal; how their condition has affected their daily life and other factors that can be easily quantified.
Expert Witnesses
In a lawsuit involving asbestos experts are essential in asbestos lawsuits. They assist plaintiffs in proving their claims. A good expert witness will be able to explain complicated concepts in a manner that is both comprehensible and sensible. They can also testify on the cause of the exposure as well as how that exposure impacted the plaintiff's life. In asbestos cases experts are typically doctors, scientists or engineers. These professionals have expertise in the kind of asbestos to which a plaintiff has been exposed to, toxicology, and risk assessment. They can prepare reports, offer expert opinions and testify at depositions and trials. They can also act as asbestos consultants and give advice to plaintiffs.
An experienced mesothelioma lawyer is able to locate the most qualified expert witnesses for each case. Depending on the case an expert may have to be familiar with the history of asbestos production, or the way the company used asbestos. A specialist in asbestos can provide important information, including an outline of when various manufacturers employed asbestos, which companies employed specific types of products, and the location of defendants.
Medical experts are important in asbestos cases as they can offer evidence on the link between exposure to asbestos and mesothelioma and other diseases. They can help the jurors know what signs to look out for and how the condition is diagnosed. They can also prove that the illness an individual suffers from is caused by exposure to asbestos, and not due to another illness or condition.
Scientists can also be beneficial to plaintiffs because they can demonstrate that the type of asbestos that a person was exposed to can be the cause for their mesothelioma. They can explain why asbestos is dangerous and suggest the appropriate safety precautions when handling it. They can tell the jury that asbestos should be handled using protective clothing, masks and gloves to avoid the inhalation of asbestos fibers.
Industrial hygiene experts can assist plaintiffs in establishing the connection between their injuries or asbestos exposure and their injuries. They could, for instance witness that the materials altered during a remodeling project will be more likely to be asbestos-containing or that shaking clothing contaminated with asbestos can cause the release of fibers. They could also testify on the standards and regulations which were in place when the asbestos was installed.
Attorney Fees
A small amount of compensation will not eliminate the emotional, physical and financial burden mesothelioma takes on victims and their families. By hiring a New York mesothelioma lawyer, the families of victims can ensure that asbestos manufacturers are accountable for their mistakes.