Even though the use of asbestos in construction has been prohibited in the US and many other countries around the world, there are still many people suffering from diseases due to exposure to this material. These people can file an asbestos lawsuit to seek compensation for their suffering. It is worth learning more about these kinds of lawsuits, who can file them, when and how.
The first question to ask is who can file an asbestos lawsuit. The answer to this question differs, depending on the state you live in. In most states, you have to have a diseases caused by the exposure to this material. Still, with the recent changes of regulations in some states, it is possible to file a lawsuit, if you have been exposed to the material and are in higher risk of suffering from a medical condition caused by it, such as mesothelioma lung cancer.
It is also possible for family members of people suffering from diseases caused by exposure to the material to sue the responsible parties, if the victim itself is unable to for some reason. You can also use the responsible parties, in case your relative has died due to an asbestos-caused disease. Still, it should be pointed out that there are limitations regarding the amount of time which you have to file the asbestos lawsuit after the family member's death.
In general, asbestos lawyers recommend victims and their families to contact an attorney specializing in this kind of cases as soon as the person, who has been exposed to the material, is being diagnosed with mesothelioma or another disease caused by the exposure. In this way, the legal procedure can be initiated more quickly and the case can go to trial faster. Another piece of advice lawyers give to individuals who have been exposed to asbestos is to have regular medical checks, so that any disease can be discovered timely and compensation money for its treatment obtained soon.
The final question to answer is how to file an asbestos lawsuit. It is best to consult an asbestos lawyer first. The professional will investigate your cases. In most cases, this is done with the help of professional investigators working for the law firm. Once the investigation is complete, the attorney will tell you whether you have valid legal reasons for filing such a lawsuit. You are in no way obliged to follow his advice. You can readily look for another lawyer, if the one you have approached first is unwilling to take your case.
If the attorney takes your case, he/she will do all the paperwork and file the asbestos lawsuit on your behalf. During the discovery period, before the case goes to trial, the lawyer will be preparing for the court trial by questioning both parties and other witnesses. In many cases, the defendant is willing to negotiate a settlement during this period. Still, in some cases, even if the plaintiff wins in court, the sentence can appealed. This means that it can take a long time before any kind of compensation is received.
Overall, the best way to secure a timely win in an asbestos lawsuit is to take action timely.
Check if you have legal grounds for filing an Asbestos Lawsuit. Fill out a free compensation evaluation form to find out whether you will be able to take Asbestos Class Action.
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