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How to File an Asbestos Lawsuit Each asbestos claim is unique however, there are some common elements to a successful lawsuit. This includes evidence of the injury suffered by the victim and evidence of exposure to asbestos-containing products. Asbestos claims must be filed according to state laws (also called statutes of limitations) and handled by a seasoned lawyer. Once a legal claim has been filed, victims are given a time of discovery where they can investigate and gather details. Work History Asbestos is a dangerous group of fibrous minerals. It was previously used in building materials and many people have been exposed to asbestos throughout their lives. North Charleston asbestos attorneys has been proven to cause serious health issues like mesothelioma asbestosis, and lung cancer. People who were diagnosed with mesothelioma or another asbestos-related illness and their loved ones may be eligible for substantial compensation. Many victims and the families of mesothelioma sufferers who died are suing asbestos companies that negligently exposed them to asbestos. The first step to file an asbestos lawsuit is to engage an experienced lawyer. Lawyers who specialize in mesothelioma law have the expertise to examine a patient's medical records, talk to potential witnesses and locate asbestos-related evidence. They will be able to identify any asbestos-related companies that are accountable and determine where the lawsuit should be filed. Remember that asbestos was known to be a danger from the 1930s to the 1940s. However, the asbestos industry continued to use and manufacture the dangerous substance. Asbestos is a comparatively thin mineral that can be inhaled or swallowed as dust particles. When the fibers are in the body, they could be absorbed into tissues, such as the stomach or lungs. Lawyers for mesothelioma need to know the complete work history of the victim to determine the extent of exposure to asbestos and who is responsible. Most of the asbestos companies which exposed workers to asbestos have now been shut down. Those that have not been required to deposit money into an asbestos trust fund to aid victims and their families. Your lawyer will be able to determine which trust to file the claim and assist you get started on the process. During the discovery phase of an asbestos case, your attorney will exchange information with the attorney of the defendant. This may include requesting records from companies and conducting depositions. This can make or break the outcome of a mesothelioma lawsuit. If you are unable to reach an equitable settlement with your attorney, the case can be brought to trial. Medical Records Your attorney will require your medical records if your been diagnosed with mesothelioma or another asbestos-related disease. This information is crucial for the proof of your asbestos exposure and the connection between that exposure and the illness. Asbestos exposure can cause asbestos cancer to develop years after the initial exposure. It is therefore crucial to seek legal advice as soon as you can. A qualified mesothelioma lawyer can make sure that your claim is filed within the timeframe of limitations and have all the necessary documentation to support your claims. During the asbestos litigation process your attorney will review your medical records and other records to determine which companies were responsible for your mesothelioma or other asbestos-related diseases. They will also have to determine the extent to which you were exposed to asbestos. In many instances, this means speaking with your doctor or other healthcare providers who have access to your health background and will be able to provide an explanation of the exposure. Mesothelioma lawyers need to gather evidence to show that asbestos companies knowingly caused asbestos exposure and that they did not act in a responsible manner. This includes company records and mesothelioma evidence from witnesses. The process of finding evidence can take a while since both parties share information. You or someone you love may be called to give a deposition as well and you could be asked about your connection with asbestos and your past work background. A mesothelioma diagnose can be devastating. However the filing of a lawsuit can be the best way to recover compensation for your physical and emotional damage. Thousands of asbestos lawsuits are filed each year to seek compensation. If you or a loved one have been diagnosed with an asbestos-related disease, contact a mesothelioma law firm for a free consultation and case review. The attorneys at The Mesothelioma Center can connect victims with top-rated mesothelioma lawyers for a free initial case review and free consultation. Thousands of Americans have benefited from their representation in asbestos cases. Expert Witnesses When you go to court, your mesothelioma lawyer will have specialized witnesses be on your side. They are engineers, doctors and other specialists with an extensive understanding of asbestos. They will testify about how your asbestos exposure may have led to your illness. They can be radiologists, pathologists and pulmonologists. Your asbestos lawyers will be careful to select the right experts. They must have a reputation for integrity, which will increase their credibility with the jury. They should also have experience with asbestos litigation in order to anticipate the questions of defense attorneys and present their case as efficiently as possible. Duty and cause are the two primary factors in a case for failure to warn asbestos. The fact witnesses can only testify about facts, but experts can provide opinions and conclusions based on their knowledge or experiences. Expert witnesses are often able to assist plaintiffs in proving their case by establishing a connection between a defendant's product and the victim's illness. An expert witness could, for instance be able to testify that asbestos-exposure Navy ship worker suffered an irreparable lungs scar and a higher than 50 percent chance of dying from mesothelioma. The expert witness would have to be knowledgeable about ship construction and maintenance during the time he worked on them, and also the kinds of asbestos used on them. This expert could be an industrial hygienist who is acquainted with asbestos exposure and the effects it can have on the body. Asbestos sufferers often claim that a company's negligence caused their illness. They might claim that a business didn't take enough steps to ensure that workers were safe or that it was aware of the dangers associated with its products but didn't warn people about the dangers. The law in this area is changing. While many asbestos companies are known for their long-standing history of manufacturing and selling asbestos-related products, it is still changing. On April 26, 2022 the New York Supreme Court ruled that expert testimony must prove the existence of a toxic substance as well as its causal connection to adverse health effects to satisfy the Frye standard of evidence in the case of a lawsuit. Court Cases Asbestos fibers can get stuck in your stomach and lungs when you are exposed to it. This could cause you to develop an asbestos-related condition like mesothelioma, effusion, or another. When these symptoms occur you may pursue a lawsuit against companies who exposed you to asbestos to seek compensation. The statute of limitation – the time frame for filing lawsuits – varies between states. It typically starts when you get mesothelioma-related diagnosis or learn that your loved one has died from an asbestos-related illness. However, it is best to file a claim as soon as you can to avoid delays or problems. You'll need to provide supporting documentation, such as medical bills and employment records, treatment records and test results. You could be required to attend depositions, or some other type of court proceeding. Asbestos lawyers often use the information and evidence gathered by their clients to make a convincing case for compensation. The amount you receive will depend on a number of factors, including the type of mesothelioma you have as well as the place you file your lawsuit, and your employment history. Since asbestos-related diseases can take time to manifest, mesothelioma as well as other asbestos illnesses are often diagnosed years or years after the exposure that caused them. Insurance companies began to attempt to minimize liability by challenging the validity of old insurance policies which covered asbestos exposure. This was later referred to as the “selection defence.” The insurers claimed that workers were compelled to rely only on the guidelines for exposure levels to asbestos provided by employers and that these levels are safe. This was a sly attempt to evade liability and the Court decided against the insurers in the House of Lords. This led to many asbestos cases being settled outside of court. Most asbestos claims are settled outside of court today.