What is an Asbestos Claim?
An asbestos claim is a legal proceeding filed by an asbestos-related victim 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 however they continued to use asbestos for decades, without disclosing any dangers. This lapse led to the development of mesothelioma and other asbestos-related diseases.
Statute of Limitations
Whether you're seeking compensation from an asbestos trust fund or bringing a lawsuit, you're only given a specific period of time in which to file. This is known as the statute of limitations, and it's the legal deadline within which you must make a claim or risk losing your right to pursue justice.
The time period for extending the statute of limitations varies from state to state, but the majority of states have statute-of-limitations deadlines for personal injury cases, such as mesothelioma. The statutes typically start to expire when the person who was injured has knowledge or should have realized their asbestos exposure was responsible for the condition. In most mesothelioma cases, this is the date of diagnosis. However, the clock can also be paused or truncated in certain circumstances.
If the victim is minor, or is not of legal capacity, the court is able to suspend the statute of limitation until the victim turns 18 or has their legal incapacity removed. In addition, some jurisdictions will waive the statute of limitations entirely in cases involving fraud by the defendant.
Asbestos claims are complicated by the fact that symptoms of mesothelioma or other asbestos-related illnesses often don't manifest for many years after exposure. This is why it's important to speak with a qualified
asbestos lawyer as soon as possible to ensure that your claim does not expire.
A knowledgeable attorney will be able to comprehend the intricacies of the statute of limitations and how it applies to your case. They can also assist you to determine the most effective method of pursuing compensation. In certain situations the payout from a trust account could be more beneficial than filing a suit. This is due to the fact that lawsuits can be costly and stressful, whereas trust fund claims are less intrusive and require less resources to be processed.
A competent asbestos and mesothelioma lawyer firm will only deal with only a handful of cases at a given time so that they can dedicate their full attention to every client. Clapper, Patti, Schweizer & Mason is highly experienced in these kinds of claims and has the resources to defend your right to a fair amount of compensation. Contact the firm to find out more about all your options.
Damages
Asbestos-related illnesses are very expensive to treat, and sufferers require compensation to pay their medical expenses. The amount that is paid to a patient is contingent upon the specific facts and circumstances of their case, such as the type of asbestos disease and the duration they have been suffering from it. It can be difficult to estimate the value of an asbestos lawsuit because there isn't a set formula. An experienced lawyer can help victims to understand the worth of a lawsuit.
The first step towards a successful asbestos claim is proving that the defendant company or companies are accountable for the plaintiffs' injuries. You can prove this by filing a personal injury lawsuit or wrongful death against responsible parties. Wrongful death lawsuits are filed by family members who are surviving of victims who have died due to an asbestos-related disease, like mesothelioma.
Depending on the situation there could be multiple asbestos producers who can be held accountable for the exposure of a person to the deadly mineral. These include
asbestos mining firms as well as manufacturers of asbestos-related products and construction firms that handled or exposed workers to asbestos-containing products. Some of these companies are in bankruptcy and others are operating and solvent. Asbestos bankruptcy trusts have been created to deal with these companies' asbestos liabilities.
These trusts were established to ensure that there was enough funds to pay future victims with a fair amount. This compensation is meant to cover the cost of mesothelioma treatment and other health-related costs. This financial award should also include the other out-of-pocket expenses the person might have to pay due to their asbestos-related diseases. Transport costs can be costly, and insurance may not cover home health aids or complementary therapies, nor other costs.
A victim can also be awarded compensatory damages for the pain and suffering they have experienced. These are determined based on the verdict of a jury or judge at trial. The jury is asked to determine the value of someone's suffering including their age and physical limitations; whether or not their illness is terminal; how much their condition has affected their day-to-day life and any other aspects that can be easily quantified.
Expert Witnesses
In an asbestos lawsuit experts are essential in asbestos lawsuits. They aid plaintiffs in proving their claims. A competent expert witness will be able to explain complex concepts in a manner that is both understandable and rational. They can also testify about what caused the asbestos exposure and how it affected the plaintiff's life. In asbestos cases, experts are usually engineers, scientists, or doctors. They have experience in the kind of asbestos to which a plaintiff was exposed to, toxicology, and risk assessment. They can prepare reports, offer expert opinions and testify in depositions as well as trials. They can also act as asbestos experts and provide suggestions to plaintiffs.
A mesothelioma attorney who is knowledgeable is able to identify the right expert witnesses for every case. Depending on the type of case the expert witness may require knowledge of the history of asbestos manufacturing or how the company made use of asbestos-based products. A specialist in asbestos can provide important information, such as an outline of when various manufacturers employed asbestos, which firms used certain types of products, and where defendants were located.
Medical experts can be crucial in asbestos cases as they can provide proof of the connection between asbestos exposure and other illnesses. They can assist jurors identify the symptoms to look for and how asbestos-related disease is diagnosed. They can also demonstrate that the disease is caused by asbestos exposure and not another disease or condition.
Scientists can be of help to plaintiffs, as they can establish that the form of asbestos to which a person has been exposed is responsible for mesothelioma. They can explain why asbestos is dangerous and suggest the proper safety precautions when handling. They can inform jurors that asbestos must be handled using protective clothes and masks to stop fibers from being inhaled, or ingested while removing it.
An industrial hygienist may assist plaintiffs determine the connection between their injuries and
asbestos compensation. They could, for instance be able to prove that the materials disturbed in a remodel will be more likely to be asbestos-containing or that shaking contaminated clothing can result in the release of asbestos fibers. They may also testify about the standards and regulations which were in place when the asbestos was put in.
Attorney Fees
Compensation will not erase the emotional, physical and financial toll mesothelioma can inflict on patients and their loved relatives. By hiring a New York mesothelioma lawyer, families and victims can ensure that asbestos manufacturers are held accountable for their negligence.