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Asbestos Lawsuits Asbestos victims seek justice against the companies that exposed them asbestos. These lawsuits are unique and rely on many different factors. Most mesothelioma cases are settled before trial. However, a reputable mesothelioma law firm will be ready to go to trial if required. In civil matters typically, the statute of limitations – the time period within which a claim can be filed – begins to run at the time an injury occurs. In the case of asbestos exposure, however, the clock starts to run once the victim is diagnosed. Statutes of Limitations Asbestos victims should be aware of the laws for their case. By hiring the right attorney at the beginning of the process, you will assure that your claim will be filed within the time limit that is set by your state. This will allow your attorney to investigate the person responsible and gather all evidence needed to prove the case. The statute of limitations starts from the moment the incident took place. However, in asbestos cases involving mesothelioma as well as other lung diseases resulting from exposure to the mineral that causes harm, patients might not realize they have a disease until decades after their first exposure. States have passed special rules to delay the time limit for a statute of limitations in these cases due to the long time-to-latency for asbestos-related diseases. For instance in New York, a plaintiff has three years from the date of their diagnosis to file a lawsuit. In Minnesota asbestos victims have two years to file mesothelioma lawsuits or other illnesses. Some cases have also been filed after the statute of limitations expired. This is because a lot of victims experienced the debilitating symptoms of mesothelioma before being diagnosed. It can be difficult for them to understand the statute of limitations and when it applies to their situation. Because of the large financial liability that asbestos companies face, many have had to liquidate or close their businesses. As a result they've been forced to set up trust funds that can provide compensation to asbestos victims and their families. This has led to an unusual situation in which asbestos victims can file multiple lawsuits even the statute of limitations has expired. However, the Supreme Court has not yet decided whether the discovery rule or statute of limitations should be applied to these claims. Asbestos victims should always trust an experienced asbestos lawyer to file their lawsuits before the statute of limitations runs out. They could be denied the compensation that they deserve if they fail to file their claims. Damages Victims of asbestos lawsuits are awarded compensation for their injuries. The compensation can be paid by the companies that manufactured or installed asbestos or by trust funds set up to cover mesothelioma. The amount of compensation depends on the victim's exposure, their symptoms, and the type of illness they have been diagnosed with. Every case of asbestos exposure and the subsequent illness is different. There are some elements that are common to all cases. For example, a mesothelioma lawyer must prove that the victim was exposed to asbestos and that the exposure resulted in a serious illness such as mesothelioma or another asbestos-related disease. In addition the plaintiff has to prove that the company that was responsible for their injuries. To prove this, a mesothelioma lawyer must look over and collect medical evidence of a person's exposure. This can include employment records as well as police reports and medical tests. The mesothelioma lawyer must be able to prove that the asbestos company was negligent in not advising workers and customers about the dangers of the product. In some cases victims can also be awarded punitive damages. This is a way to penalize the business and discourage them from doing the same thing in the future. In the majority of cases, these damages are awarded in addition to compensatory damages. Compensation in a lawsuit involving asbestos could cover the cost of the primary treatment, the loss of income, and the pain and suffering that comes with the illness. The compensation will also help ensure that the responsible companies manage asbestos correctly in the future, preventing any further harm to others. Arbitration or settlements are often used to compensate asbestos victims for their losses. These may be decided before, during or even after a trial. A trial is the time when a jury or judge decides the amount of money an organization has to pay the victim. This decision can be accepted, countered or rejected by the victim. The victim can decide to appeal during the trial. Antioch asbestos attorneys may delay any monetary award, but it will also oblige defendants to post an amount of money until the appeal is resolved. Find a Lawyer Asbestos is a mineral that occurs naturally, was used to make various types of building materials. It's a flammable material and an insulator, and it's also extremely toxic to humans. Exposure to asbestos may cause a range of serious health issues, including mesothelioma. The health of their employees is the responsibility of all companies who manufacture, use or handle asbestos. They must ensure that all asbestos is properly removed before allowing workers to enter structures or buildings and inform employees about the dangers associated with this toxic substance. If a company does not meet these obligations, it should be held accountable for its actions. An experienced mesothelioma lawyer can help victims and families get the compensation they deserve. The money can be used to pay the cost of primary treatment and ongoing care, as funeral expenses, lost income, pain, and suffering. In certain cases, a successful lawsuit can make companies accountable for their actions and alter the way that companies manage this toxic substance in the future. An experienced attorney will be able to collect and examine evidence to prove that you were exposed to asbestos and how it caused your illness. They can work with experts, like industrial hygienists or medical professionals to establish a link between your asbestos exposure and mesothelioma. This is an essential step to a successful claim since it is the sole way to get the full amount of compensation. It's important to find an asbestos law firm that has vast experience in dealing with asbestos cases. Many of the most respected firms have a national practice and are able to serve clients from all over the world. They are also familiar with the specific laws of each state that govern these cases. In New York, you have up to three years following the diagnosis or death of a loved-one before you can submit an asbestos claim. It is important to know how much an asbestos attorney charges for their services. Some lawyers charge a flat fee, while others take a percentage of any settlement or verdict that they win. It is important to choose an attorney who is willing to explain all fees upfront so that you are aware of what you are paying for. Prepare for trial After your lawyer has collected all the information necessary to support your case the mesothelioma court procedure will begin. This will include the medical evidence of mesothelioma, as well as a list asbestos companies or defendants you believe are responsible for your exposure. In the discovery phase the attorney will request that the defendants submit any documents to prove that asbestos was exposed to you. They will also request that you be deposed which will provide an opportunity for lawyers from both sides to ask questions under an oath. Your attorney will help you prepare for the deposition and will be there for you every step of the procedure. If you are unable travel due to your condition, your mesothelioma lawyer will prepare a video or audio recording of your testimony which will be used during trial. After all the evidence has been gathered After all the evidence has been gathered, your lawyer will submit the lawsuit to a court in your jurisdiction. The judge will set a date for an settlement conference or trial. It could be a few months or up to a year after the filing of the lawsuit. Contact a mesothelioma lawyer who is experienced as soon as possible after you have been diagnosed. Many states have specific laws that must be followed for filing an action. The sooner you get started, the better your chances of a favorable outcome. A mesothelioma lawsuit can assist victims and their families recover the financial compensation they incurred for their losses. The amount you receive will be contingent on how much asbestos your lawyer can prove that you were exposed to and the extent of your injuries. Compensation from asbestos lawsuits can be used to pay for funeral expenses and other costs related to the illness, such as lost income and medical bills. If you prevail in the trial, you'll likely receive your money within a couple of months of the verdict. If the defendants choose to appeal, there may be a delay to your monetary award.