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Mesothelioma Lawyers – How to File an Asbestos Lawsuit Mesothelioma victims should contact an experienced New York mesothelioma lawyer for help. A lawyer can examine the asbestos history of the victim and determine who is accountable for compensation. Asbestos is a hazard needle-like mineral that may be inhaled, or ingested, as dust particles. The majority of asbestos-related illnesses result from occupational exposure. However, some sufferers get sick from exposure to asbestos through secondhand sources or products that are contaminated. What is Asbestos Liability? Asbestos claims have been one of the biggest liability issues for companies. These claims can involve thousands of people who were exposed to asbestos at variety of locations, including industrial plants, Navy ships, and homes. The victims often develop cancers such as mesothelioma due to the exposure. Mass torts, also known as asbestos lawsuits, are known as mass torts when a large number of victims were hurt by the actions of a single defendant. In an asbestos case, there are three theories of liability which include breach of warranty (negligence) and strict product liability, and strict liability for breach of warranty. In a negligence lawsuit the plaintiff must show that the defendant was negligent in the use or sale of an asbestos-based product and that this negligence led to their injury. This requires showing that the defendant was aware or should have knew that their product was dangerous and could cause harm to others. In a case of negligence, the causation issue is usually the most difficult aspect to prove. Defendants frequently try to discredit the claims of the plaintiff by presenting scientific reports and studies that question whether asbestos could cause mesothelioma and other diseases. It is often difficult to prove the cause of a product containing asbestos due to the lengthy delay in symptoms between exposure and onset. Strict product liability is comparable to negligence claims in that the plaintiff has to prove that the product of the defendant was hazardous and caused injuries. However the plaintiff does not need to prove that the defendant acted negligently to be able claim damages under this theory. The strict liability for products applies to products that are inherently dangerous and, therefore the manufacturer should have been aware that their product was hazardous. Finaly, premises liability cases are founded on the notion that property owners have to keep their property safe for guests. This is particularly important when it comes to asbestos cases as a lot of these victims were exposed to the harmful material while working. This is due to the fact that asbestos was utilized in many building materials, which were often brought into the workplace. Mesothelioma is a devastating illness that can take years to manifest following exposure. Unfortunately, many victims are left with little time to pursue compensation. Due to the potential for substantial damages, victims should think about seeking legal action against any business that is responsible for their asbestos-related injury. Who Is Liable in an Asbestos Case? A claim for mesothelioma or another asbestos-related disease requires the plaintiff to prove the following elements: Negligence: The defendants acted negligently when they produced, sold or used asbestos-related products. In many cases, the companies did not warn their employees or the public about the dangers posed by asbestos. Some companies even tried to hide the dangers associated with asbestos from the public. Causation: The defendant’s actions directly contributed to the asbestos-related injury. In most cases, this means that someone who worked with asbestos on a regular basis for example, a machinist, miner or construction worker, developed mesothelioma as a result of exposure to the hazardous substance. Damages: The victim has suffered financial and emotional losses as a result of the asbestos-related disease. These losses could include medical costs loss of income, property value, as well as suffering and pain. Additionally the punitive damages can be awarded if the judge finds that the defendant's actions were reckless or malicious. This is especially true when asbestos companies was aware of the dangers of its products but chose to market them. Many asbestos-related companies have declared bankruptcy. A victim can still bring a lawsuit against a bankrupt business with the help of a lawyer. Many of the assets of dissolving asbestos companies were put into trust funds, which are now available to pay future and current asbestos-related injury victims. Distributors and retailers are responsible for the sale of asbestos-related products. In some instances, a lawsuit could identify more than 100 defendants as accountable for mesothelioma and various asbestos-related injuries. It's also important to remember that there is usually a considerable amount of time between initial exposure to asbestos and the onset of an illness. Due to this, defense attorneys will often argue that asbestos does not cause mesothelioma and related diseases that plaintiffs claim. A knowledgeable asbestos lawyer can counter this argument with a wealth of scientific and legal evidence. How do I know If I have an Asbestos Case? If you are able to make a legal claim for an asbestos-related illness is contingent upon the severity of your symptoms, the extent to which your health has been affected, and where and when your exposure occurred. The first step to determine whether an asbestos-related illness is present is to seek a medical diagnosis. A thorough physical exam and history, as well as x-rays or CT scans, are required to determine if you have mesothelioma. You must also prove you were exposed to asbestos. Exposure to asbestos is usually inhaled however, it can also be ingested. The accumulation of asbestos-related diseases is caused by a number of exposures over time. Proving this can require many documents, including property and employment records along with work history, medical and testing documentation. A mesothelioma lawyer who has experience can assist you with these details. They can also aid you in determining the cause of asbestos exposure. This information can be vital to the success of an asbestos claim or lawsuit. A reputable mesothelioma lawyer will have access experts who can examine the records and discover companies that could be responsible for your exposure. Most cases that result in a settlement are involving one or more asbestos-related companies. A mesothelioma attorney will explain the various types of lawsuits and lawsuits that are available. In a personal-injury lawsuit, you have to prove four things: causation of the injury as well as damages, liability of the defendant and the plaintiff's right to compensation. In addition to showing causation, you need to prove that the business you are suing was negligent and their negligence caused your injury. An experienced lawyer will prepare your case for trial by looking over documents regarding employment and medical history and contacting expert witnesses and preparing for the trial. Asbestos lawsuits are more complicated than personal injury lawsuits, and they involve multiple corporate defendants. The statute of limitations for filing an asbestos claim is shorter in most states than for personal injury claims or workers compensation. Working with an experienced asbestos attorney will help you avoid the deadlines that are crucial and maximize your legal options. How do I get the amount I need? Asbestos victims as well as their families and other affected parties can receive compensation for medical costs, funeral expenses, lost income, as well as suffering and pain. Settlements from asbestos trusts, and mesothelioma lawsuits are the two main forms of compensation for mesothelioma. An experienced mesothelioma lawyer can help victims and their loved ones decide on which claims to submit. They will help the families of victims and their loved ones gather the required documentation for their case, such as the history of their employment, medical evidence and the asbestos-related products they were exposed to. Lawyers will also collect evidence or interview witnesses, and conduct additional studies to support the case. The defendants typically have a short time frame to respond after the case is filed. They are often willing to settle the case out of court and thus avoid the expense and embarrassment, as well as the public scrutiny that can result from the trial. This is often advantageous for the victim as well their family. If the defendant is unwilling to settle, the matter will likely go to trial. During the trial, lawyers will present evidence and arguments that support the victim's claim for compensation. The judge and jury will then determine the final compensation amount. Athens asbestos attorney can also receive financial aid through the U.S. Department of Veterans Affairs. VA disability benefits can provide compensation and healthcare for the victim, their spouse, or dependents. The amount of compensation is determined by the type and severity. Victims may receive compensation from asbestos trust funds in addition to VA and Mesothelioma Compensation. These payouts can amount to millions of dollars when the victim was exposed to asbestos products by multiple companies or locations. A Michigan man diagnosed with pleural msothelioma was compensated over $1 million by multiple asbestos trusts. This sum of money is what made the case so successful. Our free Survivors Guide will tell you more about his story. A mesothelioma attorney from our firm can help you start an asbestos lawsuit to get the compensation you deserve. For a free assessment of your case, phone us or complete our online form.