What is an
Asbestos Claim?
An asbestos claim is a legal action filed by an asbestos-related victim to seek compensation. The claim could result in compensation through settlement, trust-fund payments or trial verdict.
The companies that produced asbestos-based products were aware that it was dangerous, but they continued to use it for decades without revealing the dangers. This negligence led to the growth of mesothelioma as well as other asbestos-related illnesses.
Statute of limitations
If you're seeking compensation from an asbestos trust fund or bringing a case, you're given a limited amount of time to do so. This is referred to as the statute of limitations, and it's the legal deadline within which you must file a claim or risk losing your right to seek justice.
The time limit for filing a claim varies from state to state, but most states have statutory deadlines for personal injury cases, such as mesothelioma. The statutes usually begin to run at the point when the victim realized or should have realized that their exposure to asbestos was responsible for their condition. In the majority of cases of mesothelioma, the date of diagnosis is used, however it is also possible for it to be tolled or suspended in certain circumstances.
If the victim is minor or is not legally capacity, the court may suspend the statute of limitations until the person reaches the age of adulthood, or has their legal incapacity removed. In addition, some jurisdictions will waive the statute of limitations altogether in cases of fraud by the defendant.
Asbestos claims can be complicated due to the fact that the symptoms of mesothelioma and other asbestos-related diseases often don't show up until long after exposure. It is essential to speak with an asbestos lawyer as quickly as you can to avoid having your claim becoming invalid.
A skilled attorney will understand the nuances of the statute of limitations and how it relates to your case. They can also assist in determining the best approach to pursue compensation. In some instances it is possible that a trust fund payout might be better than filing an action. This is because lawsuits can be costly and stressful, whereas trust fund claims are more streamlined and require less resources to be processed.
A reputable mesothelioma or asbestos law firm will only handle a small number of cases at a time, which means they can devote their all-encompassing attention to each client. Clapper, Patti Schweizer & Mason has a wealth of experience in handling these types of claims and the resources to advocate on your behalf to ensure fair compensation. Contact the firm to find out more about the options available to you.
Damages
Asbestos-related illnesses can be very costly to treat and victims need compensation to pay for their medical bills. The amount of compensation awarded to the victim is determined by the specifics and circumstances of their situation such as the kind of asbestos-related illness and the length of time they've suffered from it. The value of an asbestos lawsuit can be a challenge to determine since there is no set formula. However, a knowledgeable lawyer can help victims and their families understand the potential value of a lawsuit.
The first step to filing a successful
asbestos claim is to prove that the defendant company or entities are responsible for the plaintiff's injuries. This can be done by filing a lawsuit for personal injuries or wrongful deaths against the responsible parties. The surviving family members are the ones who make wrongful-death lawsuits against asbestos-related illnesses, such as mesothelioma.
In a variety of circumstances, several asbestos manufacturers could be held accountable for the exposure of an individual to this deadly material. This includes asbestos mining companies, asbestos product manufacturers and construction companies who handled or exposed workers to asbestos-containing materials. Some of these companies are bankrupted and others are in business and solvent. Asbestos bankruptcy trustees have been created to deal with these companies' asbestos liability.
The trusts were created to ensure that there was enough funds to ensure that future victims with a fair amount. The purpose of this compensation is to cover mesothelioma treatment for a person and other health-related expenses. This financial award should also be able to account for the other out-of-pocket expenses an individual may need to pay due to their asbestos-related illness. For instance, the cost of transportation could add up, and home health aides or complementary therapies may not be covered by insurance.
In addition, compensatory damages may be awarded to a victim for the pain and suffering that is caused by their illness. These are determined by the verdict of a jury or judge during the trial. A jury will be asked how much a person has suffered from their age, as well as physical limitations, whether or not their condition is terminal and how their illness has affected their day-today life.
Expert Witnesses
Experts are critical in asbestos lawsuits. They aid plaintiffs to prove their claims. An expert witness should be able to explain complicated concepts in a manner that is both comprehensible and sensible. They can also testify about what caused the exposure and how that exposure impacted the plaintiff's life. The experts in an asbestos case are typically doctors, scientists, engineers or industrial hygiene specialists. These professionals are experts in the type and amount of asbestos to which the plaintiff was exposed. They also have expertise in toxicology and risk assessments. They are able to write reports, give expert opinions and testify at depositions and trials. They can also serve as asbestos consultants and provide advice to plaintiffs.
An experienced mesothelioma attorney is able to identify the right expert witnesses for every case. According to the circumstances the expert might have to be familiar with the history of asbestos production or the way the company used asbestos. A specialist in this field can provide valuable information about the industry, including a timeline of when manufacturers used asbestos, which companies utilized certain types of asbestos, and where the defendants were located.
Medical experts are vital in asbestos cases, as they can provide evidence of the link between exposure to asbestos and mesothelioma and other diseases. They can assist jurors understand what symptoms to look for and how asbestos-related disease is diagnosed. They can also show that the illness the patient suffers from is directly caused by exposure to asbestos and not a different disease or condition.
Scientists can also be of assistance to plaintiffs as they can prove that the type of asbestos an individual was exposed to is responsible for mesothelioma. They can also explain why asbestos is harmful and why people should use the appropriate safety precautions when handling asbestos. They can also inform a jury that asbestos must be handled using protective masks and clothing to prevent fibers from getting inhaled or ingested while removing it.
Industrial hygienists can assist plaintiffs establish the link between their injuries and asbestos. For example, they can be able to prove that materials damaged during a remodeling project are more likely to contain asbestos or that rubbing the clothing that is contaminated will trigger the release of asbestos-containing fibers. They may also testify on the standards and regulations that should have been adhered to when asbestos was put in.
Attorney Fees
Compensation is not enough to erase the emotional, physical and financial toll mesothelioma has on victims and their loved relatives.