What is an Asbestos Claim?
A legal action is brought by an asbestos victim in order to seek compensation. The claim can result in compensation through a settlement, trust-fund payment or trial verdict.
The asbestos producers knew their products were hazardous yet they continued to use asbestos for decades without disclosing any risk. This was the cause of the formation of mesothelioma and other asbestos-related illnesses.
Statute of Limitations
If you're seeking compensation from an asbestos trust fund or bringing a lawsuit, you're given a limited amount of time to file a claim. This is called a statute of limitations, and it's the legal deadline within which you must make a claim or lose your right to seek justice.
State statutes of limitations vary however, most states have deadlines for personal injury claims, including mesothelioma. The statutes typically start to run when the victim has knowledge or should have realized their exposure to asbestos was the cause for the illness. In the majority of mesothelioma cases this is the date of diagnosis. However, the clock may be stopped or tolled under some circumstances.
In the case of an instance, if the victim was a minor or lacks legal capacity, a court can pause the statute of limitations until they reach the age of adulthood or have their legal incapacity terminated. Additionally, certain jurisdictions will waive the statute of limitations completely in cases of fraudulent concealment by the defendant.
Asbestos claims can be complicated by the fact that the symptoms of mesothelioma and other asbestos-related illnesses typically don't show up until long after exposure. This is why it's vital to contact a qualified
asbestos lawyer as soon as you can to ensure that your claim does not expire.
A skilled attorney understands the nuances of laws and how they can be applied to your case. They can also help you decide on the best method to pursue compensation. In some cases it is possible that a trust fund payout could be more appropriate than filing a lawsuit. This is because lawsuits can be expensive and stressful. Trust fund claims, on the contrary, are less intrusive and require fewer resources.
A reputable mesothelioma or asbestos law firm will handle only a small number of cases at a time, so they can provide their full attention to each of their clients. Clapper, Patti Schweizer & Mason has years of experience handling these types of claims, and the resources to advocate on your behalf to secure fair compensation. Contact us today to learn more about your options.
Damages
Asbestos-related illnesses are very expensive to treat and victims need compensation to cover their medical bills. The amount of money that is awarded to a victim depends on the particular facts and circumstances of their case, such as the type of asbestos-related disease and how long they've been suffering from it. The value of an
asbestos lawsuit can be difficult to determine as there is no set formula. A skilled lawyer can help victims understand the potential worth of a lawsuit.
The first step in a claim involving asbestos is to establish that the defendant or companies are responsible for the plaintiff's injuries. This can be done by filing either a personal injury or wrongful death lawsuit against the accountable parties. The survivors of the family are the ones who make wrongful-death lawsuits against asbestos-related illnesses, such as mesothelioma.
Based on the circumstances the asbestos manufacturer could be accountable for the exposure of an individual to this dangerous substance. This includes asbestos mining companies, manufacturers of asbestos products, and construction companies who handled or exposed workers to asbestos-containing substances. Some of these companies are bankrupted however, others remain in operation and solvent. Trusts for asbestos bankruptcy have been created to manage asbestos liabilities of these companies.
The trusts have been put in order to provide a large amount of funds for future victims to receive fair compensation. This compensation is designed to cover the cost of mesothelioma-related treatments as well as other health-related costs. This award should also cover any expenses out of pocket the victim might incur due to asbestos-related illness. For instance, transportation expenses could add up and
asbestos case home health aids or complementary therapies might not be covered by insurance.
Additionally, compensatory damages can be awarded to a victim for the pain and suffering due to their condition. These are awarded based on the verdict of a jury or judge at trial. The jury is asked to determine the value of a person's suffering which includes their physical and age limitations; whether or not their condition is terminal; how much their condition has affected their daily routine; and any other factors that can be easily quantified.
Expert Witnesses
Experts are critical in asbestos lawsuits. They aid plaintiffs in proving 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 about the cause of the asbestos exposure and how it affected the plaintiff's lifestyle. Experts in an
asbestos case are generally doctors and scientists, engineers, or industrial hygiene specialists. These professionals 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 write reports, offer expert opinion and testify in depositions as well as trials. They can also serve as asbestos consultants and give advice to plaintiffs.
An experienced mesothelioma attorney is able to locate the most qualified expert witnesses for every case. Depending on the type of case, an expert witness may need to be aware of the background of asbestos manufacturing and how the company used asbestos-based products. An expert in this area can provide valuable information on the industry, such as a timeline of the times when different manufacturers were using asbestos, what companies were using certain types of asbestos, and where the defendants were located.
Medical experts are crucial in asbestos cases, as they can provide evidence regarding the connection between asbestos exposure and mesothelioma as well as other diseases. They can assist jurors understand what symptoms to look out for and how asbestos disease is diagnosed. They can also demonstrate that the disease is caused by asbestos exposure and not another disease or condition.
Scientists can provide assistance to plaintiffs since they can prove that the type of asbestos to which an individual has been exposed is responsible for the mesothelioma that they have contracted. They can also explain how asbestos can be dangerous and explain why people should follow appropriate safety precautions when handling it. They can also tell jurors that asbestos should be handled with protective clothing, masks and gloves to avoid the inhalation of asbestos fibers.
An industrial hygienist may assist plaintiffs establish the link between their injuries and asbestos. They can, for instance be able to prove that the materials disturbed in a remodel will be more likely to contain asbestos or that shaking contaminated clothing can result in the release of asbestos fibers. They can also testify regarding the regulations and standards that should have been followed at the time asbestos was installed.
Attorney Fees
Compensation will not erase the emotional, physical and financial burden mesothelioma imposes on the victims and their loved ones. By hiring a New York mesothelioma lawyer, family members and victims can ensure that asbestos producers are accountable for their mistakes.