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Mesothelioma Lawyers – How to File an Asbestos Lawsuit Mesothelioma patients should consult a skilled New York mesothelioma lawyer for assistance. A lawyer can look over the asbestos history of the patient and determine who is liable for compensation. Asbestos, which is a hazardous mineral in the form of needles, can be breathed in and ingested by dust particles. Most asbestos-related diseases result from occupational exposure. However, some sufferers are ill due to exposure from secondhand sources or contaminated products. What is Asbestos Liability? Asbestos claims are one of the biggest liability issues companies have ever had to face. These claims could involve thousands of people who were exposed to asbestos in a variety of locations, including factories and Navy ships. The victims are often diagnosed with cancer such as mesothelioma due to the exposure. Asbestos lawsuits are also known as mass torts because many victims were affected by the actions of one defendant. There are three theories of liability in asbestos cases: breach of warranty, negligence and strict product liability. In a case of negligence, the plaintiff has to demonstrate that the defendant's negligence in the sale or use of asbestos-related products caused the plaintiff's injury. This means showing that the defendant knew or should have known that their product was hazardous and could cause harm to others. In a negligence case, proving causation is often the most difficult thing to prove. Defendants often try to discredit plaintiffs claims by presenting evidence and studies that question whether asbestos causes cancer or other diseases. Because of the lengthy time between exposure and the onset of symptoms, it can be difficult to prove that an asbestos-containing product caused the victim's injury. Strict liability claims are similar to negligence claims, in that plaintiffs must show that the defendant's product was responsible for their injuries. However, the plaintiff does not need to prove that the defendant was negligent in order to recover damages under this theory. The strict liability for products is only applicable to products that are hazardous by nature, and the manufacturer ought to have been aware of this. Lastly, premises liability cases are based on the concept that property owners are responsible to keep their property safe for guests. This is particularly important in asbestos cases as many victims were exposed to harmful substances while at work. This is due to the fact that asbestos was utilized in many construction materials that were often brought into the workplace. Mesothelioma is a devastating disease that can take years to develop after exposure. Unfortunately, this can leave many victims with little time to seek compensation. Due to the potential for substantial damages, victims should think about pursuing legal action against any business that is responsible for their asbestos-related injuries. Who is accountable in a case involving asbestos? A claim for mesothelioma, or any other asbestos-related disease requires the plaintiff to establish the following elements: Negligence: The defendants committed negligently when they manufactured or sold asbestos-related products. In many cases, the businesses failed to inform their employees or the general public about the dangers of asbestos. Some companies even tried to hide asbestos' dangers from the public. Causation: The actions of the defendant directly caused the asbestos-related injuries. In most cases, this means that a person who was exposed to asbestos on a regular basis like a miner, machinist or construction worker, developed mesothelioma following exposure to the hazardous substance. Damages: The injured person has suffered financial and emotional losses as a consequence of the asbestos-related disease. These losses could include medical expenses loss of income, property value, and suffering and pain. If the court finds that the defendant's conduct to be particularly reckless or malicious, punitive damage could also be awarded. This is especially true if an asbestos company knew, or should be aware of the risks associated with its products and continued to market asbestos products. Many asbestos companies declared bankruptcy. However, it is possible for the victim to bring a suit against a bankrupt company with the assistance of an experienced attorney. A large portion of asbestos companies' assets were put into trust funds that are available to pay future and present asbestos-related injury victims. The laws governing product liability do not just apply to manufacturers; retailers and distributors are also liable for selling asbestos-related products. In some cases, a single lawsuit can include more than 100 defendants accountable for mesothelioma, or other asbestos-related injury. It is also important to keep in mind that there is usually an extended period of time between initial exposure to asbestos and the onset of an illness. Due to this, defense lawyers frequently argue that asbestos is not responsible for the mesothelioma and related diseases claimed by the plaintiff. An experienced asbestos lawyer can defend this claim with a wealth of scientific and legal evidence. How Do I Know If I have an Asbestos Case? If you suffer from an asbestos-related illness your legal claim will be based on the symptoms, your health's condition and the time and location of the exposure. The first step to determine if an asbestos-related disease is present is to seek a doctor's diagnosis. A medical professional's ability to detect mesothelioma, or any other asbestos-related illness requires a thorough history and physical examination, xrays, CT scans, or other tests. Baldwin Park asbestos attorney is also necessary to prove that you've been exposed to asbestos. Exposure to asbestos is usually inhaled, but it can also be ingested. Many asbestos-related diseases result from the accumulation of multiple exposures over a long amount of time. It is difficult to prove, since it requires a lot documentation, including employment and property documents. A mesothelioma lawyer with experience can help with these details. They can also aid you in determining the cause of asbestos exposure. This information can be vital for the success of an asbestos claim or lawsuit. A good mesothelioma lawyer has access to experts who can look over records and find companies that could be responsible for your exposure. Most cases that result in a settlement are involving one or more asbestos companies. A knowledgeable mesothelioma lawyer will provide you with the different types of claims and lawsuits that are available to you. In a personal injury lawsuit you must prove four things: causation of the injury, damages, liability of the defendant and the plaintiff's right to compensation. In addition to proving causation, you must establish that the company that you are seeking to sue was negligent and their negligence caused your injury. An experienced lawyer will prepare your case for trial by looking over medical and employment records and contacting expert witnesses and preparing for the trial. Asbestos claims are more complex than personal injury lawsuits, and they involve multiple corporate defendants. The time-limit for filing an asbestos claim is shorter in most states than it is for a personal injury claim or workers compensation. A skilled asbestos attorney will help you avoid not meeting deadlines important to you and maximize your legal options. How Do I Receive the amount I need? Asbestos victims and their families can recover compensation to cover funeral costs, medical expenses loss of income in the event of a loss, pain and suffering and more. The most common mesothelioma compensation types are settlements from asbestos trusts as well as mesothelioma lawsuits. A seasoned mesothelioma lawyer will assist the victims and their families decide on which claims to file. They will help victims, their families, and their loved ones, gather the required documentation to support their claims, such as work history, medical proof and the asbestos products they were exposed to. A lawyer will also collect evidence, interview witnesses and conduct other research in order to build the case. The defendants usually have a short time frame to respond once the case is filed. They will often decide to settle the case outside of court to avoid the cost as well as the exposure to the public, and embarrassment that comes with a trial. This is often advantageous for the victim as well the family. If a defendant is unwilling to settle the case the case will be taken to the court. During the trial the attorneys will provide evidence and arguments to support the claim of the victim. The amount of compensation awarded will be decided by the judge and jury. Veterans Affairs can also provide financial assistance to asbestos victims. VA disability benefits are able to provide healthcare and compensation for the victim, surviving spouse and dependents. Compensation is based on nature and severity of the disease. In addition to VA and mesothelioma compensations, victims may also receive compensation from various asbestos trust funds. These payments can amount to millions of dollars if the victim was exposed asbestos products by multiple companies or locations. A Michigan man diagnosed with pleural msothelioma was compensated more than $1 million by a variety of asbestos trusts. The total of these payouts is what made his case so successful. Find out more about his story in our free Survivors Guide. Our firm has a mesothelioma attorney who can assist you in filing an asbestos lawsuit to receive the compensation you are entitled to. Contact us or fill out our online form to request a complimentary assessment of your case today.