How Do You File An Asbestos Lawsuit?

How Do You File an Asbestos Lawsuit? When filing asbestos related lawsuits it's best to know: who is responsible; how to seek legal representation; how to handle the investigation and compensation.

The filing of asbestos lawsuits usually has to do with a person developing mesothelioma, which is an asbestos-related cancer. Asbestos lawsuits are filed by the victim, or in cases where the victim is deceased can be filed by family members of the deceased. Lawsuits can also be filed by people who have experienced an asbestos related disease as a result of being close to someone who was exposed to the asbestos.

Who is Responsible?

There are a variety of entities that can be held responsible for asbestos related diseases, including employers, asbestos installers, asbestos manufacturers and leasing agents and landlords who were responsible for renting asbestos infected dwellings or businesses to unsuspecting tenants. These entities will be responsible for compensating victims of asbestos exposure for related medical costs, lost wages, and other costs associated with the disease. There is also the possibility of punitive damages being awarded. Some states also allow people who have not yet been diagnosed with an asbestos related disease but have been exposed to asbestos to file a lawsuit for future damages.

Seeking Legal Representation

While the filing of these lawsuits can sometimes be complicated, consulting with a knowledgeable and experienced mesothelioma attorney can make the process much easier. Many good mesothelioma attorneys will be able to settle their cases without even having to go to court. This saves money on legal costs while still being able to get the victim or their family the compensation they deserve.

The important thing to keep in mind when looking for an attorney for these kinds of cases is that the more experience the attorney has, the better the result will likely be. Checking an attorney’s website can reveal things like their credentials and experience with this type of lawsuit. Someone who has handled these kinds of cases before will already have the contacts and resources needed to benefit any future clients.

Receiving Just Compensation

The time it will take to receive a settlement or judgment depends on a number of factors, not the least of which is the aptitude of the attorney and the amount of research that needs to be done to prepare for the lawsuit. The time frame in which a claim must be filed will vary from state to state, but in general a suit must be filed within one to two years from the time the person has been diagnosed with an asbestos related illness. This also applies to anyone filing a lawsuit on behalf of a deceased loved one, which is why it is important to seek legal representation as quickly as possible.

Handling the Investigation

It is not always known when and where a victim was exposed to asbestos, but this can be remedied by the attorney handling the case. The attorney will be able to hire a private investigator who will do all the research necessary to come up with where the asbestos exposure occurred and who will be responsible for the damages of the asbestos related disease.

Determining Locations

When filing asbestos related lawsuits, it may be in the best interest of the victim to have the case heard in a state other than where they reside. This can be beneficial as it can allow for larger compensation and a better probability of a successful outcome. This is another part of why finding a knowledgeable and experienced mesothelioma lawyer is so important. Finding an attorney who knows the ins and outs of asbestos related lawsuits will not only benefit the victim as far as getting the highest compensation that they deserve, but will also help in assuring that the time it will take for the case to be heard or settled will occur in the shortest time possible.

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