What is an Asbestos Claim?
A legal action is brought by an asbestos victim to seek compensation. The claim can result in compensation via a settlement, trust-fund payment or trial verdict.
The companies that manufactured asbestos-based products were aware that it was dangerous, but they continued to use it for years without revealing the dangers. This negligence led to development of mesothelioma and other asbestos-related diseases.
Statute of limitations
You are given a certain amount of time to file a lawsuit or seek compensation from an asbestos fund. This is the time limit. It's an official deadline you must meet in order to make an action.
State statutes of limitations vary however, in general states have deadlines for personal injury claims like mesothelioma. These statutes typically begin to run at the point that the person who suffered an injury knew or should have known that exposure to asbestos was the cause for their condition. In the majority of cases of mesothelioma the date of diagnosis is used, however it can also be tolled or paused in some circumstances.
If the victim is a minor, or has no legal capacity, the court can suspend the statute of limitation until the victim attains adulthood, or is legally incapacitated. Some jurisdictions also waive the statute of limitations in instances where the defendant has deliberately concealed the crime.
Asbestos claims can be complicated by the fact that symptoms of mesothelioma and other asbestos-related illnesses often are not evident until years after exposure. It is imperative to contact an asbestos lawyer as fast as you can to prevent your claim being denied.
A skilled attorney understands the nuances of law and how they relate to your case. They can also assist you determine the best method to pursue compensation. In some cases, a trust fund payout may be more appropriate than filing an action. This is because a lawsuit can be expensive and stressful. Trust fund claims, on the other hand, are less intruding and require less.
A competent asbestos and mesothelioma law firm will only deal with only a handful of cases at a given time so that they can give their complete attention to each client. Clapper, Patti Schweizer & Mason has a wealth of experience in handling these types claims and the resources to advocate for you to secure fair compensation. Contact the firm to find out more about the options available to you.
Damages
Asbestos-related illnesses are very expensive to treat and victims need compensation to cover their medical expenses. The amount of money that is awarded to a patient is contingent upon the specific facts and circumstances of their case, which includes the type of asbestos disease and how long they've been suffering from it for. The value of an asbestos claim can be a challenge to determine since there is no established formula. However, a skilled lawyer can help the families of victims understand the potential value of a suit.
The first step in a claim involving asbestos is to establish that the defendant or
asbestos litigation their companies are liable for the plaintiff's injuries. You can do this by filing a lawsuit for personal injuries or wrongful deaths against the responsible parties. The family members who survived are the ones who are the ones who file wrongful death lawsuits to protect themselves from asbestos-related illnesses, for example mesothelioma.
Depending on the situation the asbestos manufacturer could be held responsible for the exposure of an individual to the deadly mineral. This includes asbestos mining companies as well as asbestos product manufacturers and construction companies who handled or exposed workers to asbestos-containing materials. Some of these companies have declared bankruptcy however, others remain operating and solvent. Asbestos bankruptcy trusts have been established to handle asbestos liabilities of these companies.
These trusts have been set up to provide a sufficient amount of funds for future victims to receive a fair amount of compensation. This compensation is designed to cover the cost of mesothelioma treatment for a patient and other health-related expenses. This financial award should take into account any other expenses out of pocket that the person might have to pay due to their asbestos-related illness. For instance, transportation expenses can be costly, and home health aides or complementary therapies might not be covered by insurance.
A victim can also be awarded compensatory damages for the suffering and pain they have experienced. These are awarded based on the decision of a judge or jury during the trial. The jury will be asked how much a person has suffered from their age, as well as physical limitations, whether or not their illness is terminal, and how their condition has affected their daily life.
Expert Witnesses
In asbestos lawsuits experts are essential in asbestos lawsuits. They help plaintiffs to prove their claims. A good expert witness will be able to explain complex concepts in a way that is both comprehensible as well as rational. They are also able to testify about what caused the asbestos exposure and how it affected the plaintiff's life. In asbestos cases, experts are usually doctors, scientists or engineers. They are experts in the type of asbestos that plaintiffs were exposed as well as toxicology and risk assessment. They are able to provide expert opinions, draft reports and give evidence at depositions and
asbestos litigation trials. They can also act as asbestos consultants and provide advice to plaintiffs.
A mesothelioma attorney who is knowledgeable is able to locate the right expert witnesses for every case. Depending on the case the expert might need to be familiar with the history of asbestos production, or the method used by the company to use asbestos. A specialist in asbestos can provide important information, for instance, a timeline that shows when different manufacturers used asbestos, which companies employed specific types of products and the locations where defendants were.
Medical experts can be extremely important in asbestos cases since they can offer evidence of the link between asbestos exposure and the development of other diseases. They can help the jury know what signs to look for and how asbestos related diseases are diagnosed. They can also show that the condition that a person suffers from is directly caused by their exposure asbestos and not another disease or condition.
Scientists can be of help to plaintiffs as they can prove that the type of asbestos to which a person has been exposed is responsible for his or her mesothelioma. They can also explain the dangers of asbestos and what people need to do to take the proper precautions when handling it. They can tell the jury that asbestos should be handled using protective clothing, masks and gloves to avoid fibers from inhaling.
An industrial hygienist will aid plaintiffs in establishing the link between their injuries as well as asbestos-related injuries. They could, for example witness that the materials that are disturbed during a remodel will be more likely to contain asbestos, or that shaking contaminated clothing will cause the release fibers. They may also testify about the regulations and standards that should have been followed at the time that the asbestos was installed.
Attorney Fees
A small amount of compensation will not erase the physical, emotional and financial burden that mesothelioma imposes on victims and their families. However by retaining a skilled New York mesothelioma attorney, those who suffer and their families can ensure that
asbestos litigation-related companies responsible compensate them for their mistakes.
The type of exposure to
asbestos litigation and the area where asbestos was used will determine whether an asbestos victim is entitled to compensation.