What is an Asbestos Claim?
An asbestos claim is a legal proceeding filed by an asbestos victim seeking compensation. The claim could result in compensation via a settlement, trust fund payment or trial verdict.
The asbestos manufacturers were aware that their products could be dangerous but they continued to use asbestos for decades without disclosing any risk. This negligence led to the growth of mesothelioma as well as other asbestos-related illnesses.
Statute of Limitations
There is a short period of time to bring a lawsuit or seek compensation from an asbestos fund. This is known as the time limit. It's an official deadline you must meet in order to submit a claim.
State statutes of limitations differ but generally, all states have deadlines for personal injury claims like mesothelioma. These statutes typically begin to run when the person who has been injured is aware or should have realized that their exposure to asbestos was the cause for the condition. In most mesothelioma cases, this is the date of diagnosis, but the clock can also be paused or tolled in certain situations.
If the victim is a minor or is not of legal capacity, the court may suspend the statute of limitations until the victim turns 18 or is legally incapacitated. Some jurisdictions also waive the statute of limitation in cases where the defendant committed fraud by concealing the crime.
Asbestos claims can be complicated by the fact that mesothelioma symptoms and other asbestos-related illnesses often don't show up until long 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 knowledgeable attorney can help you understand the nuances of laws and how they relate to your particular case. They can also assist you in determining the best approach to seek compensation. In some cases, a trust fund payout might be better than filing a lawsuit. This is because lawsuits are costly and stressful, while trust fund claims are less invasive and require fewer resources to handle.
A reputable asbestos and mesothelioma law firm will handle only one or two cases at a given time, ensuring that they can provide full attention to each client. Clapper, Patti Schweizer & Mason has years of experience in handling these kinds of claims and has the resources to advocate for you to ensure fair compensation. Contact us today to find out more about your options.
Damages
Asbestos-related ailments are costly to treat, and sufferers need compensation for their medical bills. The amount of compensation awarded to victims is determined by the facts and circumstances of their case including the type of asbestos-related disease they suffer from and the length of time they have suffered from it. It can be difficult to estimate the value of an asbestos-related lawsuit since there isn't any standard formula. However, an experienced lawyer can assist victims and their families comprehend the potential worth of a lawsuit.
The first step towards a successful
asbestos claim is to establish that the defendant company or firms are responsible for the plaintiff's injuries. This can be done by filing a lawsuit for personal injuries or wrongful deaths against responsible parties. The surviving family members are the ones who are the ones who file wrongful death lawsuits to protect themselves from asbestos-related diseases, like mesothelioma.
Depending on the circumstances there could be multiple asbestos producers who can be held accountable for the person's exposure to this deadly mineral. This includes asbestos mining companies and manufacturers of asbestos-related products and construction companies that handled or exposed workers to asbestos-containing products. Some of these businesses are in bankruptcy and others are operating and solvent. Asbestos bankruptcy trustees were established to address asbestos liabilities of these companies.
The trusts have been put up to provide a sufficient fund for future victims to receive a fair amount of compensation. This compensation is designed to pay for a person’s mesothelioma treatments and other health-related costs. This financial award should consider any other expenses out of pocket that a person may have to pay for due to their asbestos-related illnesses. Transportation costs can be expensive and insurance might not cover home health aides or complementary therapies, nor other expenses.
In addition, compensatory damages may be given to a victim in exchange to ease the pain and suffering caused by their condition. The amount of compensation is determined by the decision of the judge or jury during trial. A jury will be required to evaluate the financial value of a person's suffering which includes their physical and age limitations; whether their illness is fatal; how their condition has affected their everyday life and any other aspects that can be easily quantified.
Expert Witnesses
Experts are vital in asbestos lawsuits. They help plaintiffs to prove their claims. A competent expert witness will be able to explain complicated concepts in a way that is both comprehensible as well as logical. They can also testify as to the causes of asbestos exposure and how it affected the plaintiff's lifestyle. Experts in an
asbestos case typically include doctors, scientists, engineers or industrial hygiene experts. These professionals have expertise in the type of asbestos that a plaintiff was exposed as well as toxicology and risk assessments. They can write reports, provide expert opinions and testify in depositions as well as trials. They also can serve as asbestos consultants and provide advice to plaintiffs.
A mesothelioma lawyer who is experienced knows how to locate the most qualified expert witnesses for each case. Depending on the type of case an expert witness might need to be aware of the background of asbestos manufacturing and the way in which the company used asbestos-based products. A specialist in asbestos can provide important information, such as a timeline showing when different manufacturers used asbestos, which companies employed certain types of asbestos and where defendants were situated.
Medical experts are important in asbestos cases because they can provide evidence about the link between exposure to
asbestos settlement and mesothelioma as well as other illnesses. They can help the jurors to understand the signs to look for and how the condition is diagnosed. They can also prove the illness is caused by asbestos exposure and not a different health issue or condition.
Scientists can also be helpful to plaintiffs since they can demonstrate that the type of asbestos that a person was exposed to is the reason for their mesothelioma. They can also explain why asbestos is harmful and why people should use the proper safety precautions when handling it. They can inform jurors that asbestos should be handled using masks, protective clothing, and gloves to stop asbestos fibers from being breathed in.
An industrial hygienist can aid plaintiffs in establishing the link between their injuries as well as asbestos and their injuries. For example, they can demonstrate that the materials disturbed during a remodeling project are more likely to contain asbestos or that shaking out clothing that is contaminated will trigger the release of asbestos fibers. They can also testify in regards to the regulations and standards that must have been adhered to when the asbestos was installed.
Attorney Fees
Compensation cannot erase the emotional, physical and financial toll mesothelioma has on the victims and their loved ones. By hiring a New York mesothelioma lawyer, families and
asbestos case victims can ensure that asbestos manufacturers are held accountable for their negligence.