How do I file a lawsuit?
In general, most people suffering from an asbestos related disease, or their family if that person is deceased, will hire a law firm or an attorney to prosecute their case. Asbestos cases can be extremely complicated depending on the number of sources of exposure, and determining whether or not the illness can be causally related to asbestos exposure. Many law firms exist which specialize in handling asbestos cases, and have vast resources, in the form of historical records and job site descriptions, that the individual or that family, and other lawyers, don’t have. This is why many people decide to hire a lawyer to prosecute their lawsuit. If you decide to hire a lawyer, in general, that lawyer will consult you or your family on the merits of the claim to determine if the potential for a lawsuit exists. If there is a mutual decision to go forward, generally you or the family representative will sign a contract with the lawyer, to determine how the lawsuit will be paid for and how the lawyer will be paid. After that is finished, the lawyer will generally take care of getting the lawsuit filed and keeping you or the representative advised on the progress.
Individuals can file lawsuits on their own behalf, without retaining the services of an attorney. In that case, the individual would need to determine the proper Defendants, and prepare the Complaint and file it at the Courthouse and serve the papers on the Defendants. The format required for complaints can vary from state to state, so individuals thinking of progressing in this manner should contact their local Circuit Clerk to become advised on the process.
Who do I file against?
A complaint is generally filed against every entity responsible for causing the asbestos exposure, and those entities who covered up the lethal knowledge of the harmful effects of asbestos exposure. Each individual’s case will be different in this regard, as the Defendants are mainly based on those whose products the plaintiff came into contact with. Attorneys can assist with the identification of the Defendants. Law firms that specialize in mesothelioma cases will be able to discuss the exposure history with the Plaintiff, and then determine who the Defendants in that particular case should be, based on the exposure history information.
If you would like to learn more about the process of asbestos lawsuits and how they are filed, our lawyers are standing by to assist you. Please contact us at 1-877-455-6376, or fill out our contact form, for a free, no risk consultation about your specific case
How much does it cost to file a lawsuit?
Should you choose to file a lawsuit without a lawyer, you will be responsible for all costs associated with that lawsuit, including fees for filing the lawsuit, getting the lawsuit served on other parties, expert fees, and any other costs associated with that lawsuit.
If you hire our attorneys, you will not be responsible for any of those costs up front. We handle cases on a contingency fee basis, which means we do not get paid unless we recover money for you. Our firm will advance all necessary expenses to prosecute the case, and if we recover a settlement or verdict, we will recover our expenses at that time. There is no up front costs to our client. To learn more about our practices in this regard, please contact us for a free, no risk, no obligation consultation.
What results can I expect?
Results of mesothelioma lawsuits are varied, just as the results of numerous civil cases are varied. There are two main factors which can influence the outcome of the lawsuit, however, which include: (1) disease of plaintiff; and (2) exposure history. In our imperfect system of justice, there is no power to restore health or loss of a normal life. In its place, the only award available is monetary damages. These damages are to compensate the plaintiff for the disease, and an attempt to give back a portion what was lost. In that regard, the disease of the plaintiff impacts what the “loss” suffered is. Pleural plaques, while they can be debilitating, can also be asymptomatic, and may allow the plaintiff generally good health without numerous complications. On the other hand, mesothelioma carries a very poor prognosis, with the majority of suffers passing away a mere 16 months after diagnosis. These individuals, and their families, have not only lost life, but they may have incurred huge medical bills and loss of financial support. These are all calculations that must be considered.
Additionally, how many Defendants are sued will affect the outcome because it determines how many potential companies may be responsible for those damages. Some companies have been found to have acted with reckless conduct in covering up asbestos harms, and are liable for punitive damages, which are in excess of the normal compensatory damages. The number of Defendants also effects what a plaintiff may receive from those corporations which have previously declared bankruptcy.
Will my case end in a settlement?
The vast majority of mesothelioma cases end in settlement. Often this is because the Defendants are aware that their product caused the Plaintiff’s illness, and are willing to provide compensation to the family for their wrongful acts. These settlements can vary widely in value, from thousands of dollars to millions, depending on the circumstances of the case. Results will vary from client to client, and the circumstances of the case dictate the result. If you file a lawsuit, your attorney will be able to assist you in determining the merits of a settlement proposal. Your attorney will explain to you the risks and benefits of accepting the offer, and can give you their opinion on the best course of action. In the end, however, it will always be the client’s choice as to whether to accept or reject any settlement.
Aren't asbestos manufacturers already bankrupt?
There are dozens of companies who are responsible for asbestos production, distribution and use, who are responsible for injuries suffered by victims, but have declared bankruptcy. In many bankruptcy proceedings, all of the liabilities which that company identified were discharged. Often, this would include potential lawsuits. This is not the case for most companies who were liable for exposing individuals for asbestos. In the majority of instances, as part of the company’s bankruptcy proceeding, those companies established trusts to pay for future damages from lawsuits. These trusts were funded by the company, and then are administered by a neutral third party trust administrator. When a case is filed against the company, the administrator is notified that a claim is pending. A plaintiff’s attorneys then will send required information to the administrator, to determine whether that plaintiff qualifies for a distribution from that trust. The values distributed to the plaintiff depend largely on the nature of the disease and the company who created the trust. You can learn more about bankruptcy and trusts by speaking with an attorney experienced in that field.
