What is an Asbestos Claim?
An asbestos claim is a legal proceeding filed by an asbestos sufferer seeking compensation. The claim can result in compensation through settlement, trust-fund payments or trial verdict.
The companies that made asbestos-based products knew that it was dangerous, but they continued to use it for years without disclosing the risks. This inattention led to mesothelioma as well as other asbestos-related ailments.
Statute of Limitations
Whether you’re seeking compensation from an asbestos trust fund or filing a lawsuit, you’re only given a specific amount of time to file a claim. This is referred to as the statute of limitations, and it’s the legal deadline at which you must submit a claim or lose your right to pursue justice.
The statute of limitations is different from state to state, however, most states have statutory deadlines for personal injury cases such as mesothelioma. The statutes usually begin to run when the victim was aware or ought to have known that exposure to asbestos was the cause for their illness. In the majority of mesothelioma cases this is the date of diagnosis. However, the clock may also be paused or tolled under some circumstances.
In the case of an instance, if the victim was a minor or did not have legal capacity, a judge can pause the statute of limitations until they reach the age of majority or have their legal incapacity terminated. Certain jurisdictions also waive the statute of limitations in instances where the defendant has fraudulently concealed the crime.
Asbestos claims are complicated due to the fact that mesothelioma symptoms or other asbestos-related diseases typically do not manifest for many years after exposure. It is imperative to contact an asbestos lawyer as fast as possible to avoid your claim becoming invalid.
A knowledgeable attorney will be able to comprehend the intricacies of the statute of limitations and how it affects your particular case. They can also assist in determining the best way to seek compensation. In certain cases an award from a trust fund might be more beneficial than filing a lawsuit. This is because lawsuits can be costly and stressful, whereas trust fund claims are less intrusive and require fewer resources to handle.
A competent asbestos and mesothelioma law firm will only deal with only a handful at a time, so that they can dedicate their complete attention to each client. Clapper, Patti, Schweizer & Mason is highly experienced in these kinds of claims and has the resources to fight for your rights to a fair settlement. Contact us today to learn more about your options.
Damages
Asbestos-related illnesses can be very costly to treat and victims need compensation to pay for their medical expenses. The amount of compensation awarded to a victim is determined by the facts and circumstances of their particular case, such as the type of asbestos-related disease as well as the length of time they have suffered from it. The value of an asbestos lawsuit can be difficult to assess because there isn’t a standard formula. An experienced lawyer can assist victims comprehend the worth of a lawsuit.
The first step in a claim involving asbestos is to prove that the defendants or companies are liable for the plaintiff’s injuries. You can prove this by filing a lawsuit for personal injury or wrongful death against the responsible parties. Wrongful death lawsuits are filed by surviving family members of victims who have died due to an asbestos-related illness, like mesothelioma.
Based on the circumstances the asbestos manufacturer could be held responsible for an individual’s exposure to the deadly substance. This includes asbestos mining companies, asbestos product manufacturers and construction companies that handled or exposed workers asbestos-containing materials. Some of these companies have declared bankruptcy however, others remain in business and solvent. Asbestos bankruptcy trustees have been created to deal with asbestos-related liabilities of these companies.
These trusts were set to provide a substantial pool of money 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 expenses. This financial award should include any other costs out of pocket one might be required to pay for due to their asbestos-related illness. For example, transportation costs can add up and home health aids or complementary therapies might not be covered by insurance.
In addition, compensatory damages may be given to a victim in exchange to ease the pain and suffering caused by their condition. These are determined based on the verdict of a judge or jury at trial. A jury will be asked about the extent to which a person has suffered due to their age and physical limitations, whether their illness is terminal, and how their condition affects their daily lives.
Expert Witnesses
A competent expert witness can explain complicated concepts to the jury in a way that makes sense and is understandable. They can also testify about the cause of the asbestos exposure and how it affected the plaintiff’s lifestyle. Experts in an asbestos case typically include doctors, scientists, engineers or industrial hygienists. These professionals have expertise in the kind of asbestos to which a plaintiff has been exposed as well as toxicology and risk assessments. They can provide expert opinion, draft reports and testify at deposition and trial. They can also serve as asbestos consultants, and offer advice to plaintiffs.
An experienced mesothelioma lawyer knows how to identify the best expert witnesses for each case. Based on the nature of the case the expert witness may require information about the background of asbestos litigation manufacturing and how the company used asbestos-based products. An expert in this field will be able to provide useful information about the industry, including a timeline of the times when different manufacturers were using asbestos, which companies utilized particular types of asbestos and where defendants were located.
Medical experts are essential in asbestos cases since they can offer evidence on the relationship between asbestos exposure and mesothelioma or other related diseases. They can assist jurors know what signs to look out for and how the condition is diagnosed. They can also prove that the illness is caused by exposure to asbestos and not by any other illness or condition.
Scientists are also a source of help to plaintiffs since they can prove that the type of asbestos that a person was exposed to is the reason for their mesothelioma. They can also explain how asbestos is hazardous and why people should take proper safety precautions when handling it. They can also tell jurors that asbestos must be handled with safety masks and clothing to prevent fibers from being inhaled, or ingested while getting rid of it.
Industrial hygienists can assist plaintiffs determine the connection between their injuries and asbestos. For example, they can testify that materials disturbed during a renovation are more likely to be asbestos compensation-containing or that shaking out asbestos-contaminated clothing will cause the release of those fibers. They may also testify about the regulations and standards that should have been adhered to at the time that the asbestos was put in.
Attorney Fees
Compensation can’t erase the emotional, physical and financial impact mesothelioma takes on patients and their loved ones. By hiring a New York mesothelioma lawyer, families and victims can ensure that asbestos makers are held accountable for their blunders.
The type of exposure to asbestos and the location where asbestos was used will determine if an asbestos victim is entitled to compensation. Asbestos lawyers are knowledgeable of the different kinds of asbestos, and where they were used for specific jobs. Furthermore, lawyers are aware of which companies were most likely to expose large numbers of people to asbestos.
Some victims develop pleural mesothelioma which affects the lining of the chest cavity. Others develop testicular mesothelioma, a rare type of the disease that affects the lining surrounding the testes. The symptoms of mesothelioma typically do not show up until 20 to 40 years following asbestos exposure.
The number of people who filed asbestos claims exploded during the 1990s and into 2002. The majority of asbestos claims involve mesothelioma. However, some individuals also file for non-cancer injuries like lung abnormalities. These developments have led people to worry that the costs of settling claims could reduce the amount of money available for settlement of future cases, asbestos lawyer and asbestos lawyer may prevent the injured from receiving their full compensation.
A jury or judge will decide whether asbestos-related companies are responsible for the damages of a claimant. If a defendant is ordered to pay compensation, a plaintiff will receive a verdict. But, a judge may decide that a defendant is not accountable for the plaintiff’s damages and will not award any compensation.
Asbestos-related lawsuits are complex and often require expert testimony. An experienced mesothelioma attorney can draft all the legal documents, evidence, and other necessary documents to support a successful case. They can also help the plaintiff identify possible sources of compensation, like pensions and other benefits.
A mesothelioma law firm should offer victims and their family members a complimentary consultation to discuss the matter. A good lawyer will listen to the personal stories of their clients and take the time familiar with them. They will also assist them in obtaining maximum compensation for their loss.