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Filing an Asbestos Lawsuit
An asbestos mesothelioma lawsuit can help your family as it faces large medical expenses, lost wages, and even funeral expenses. We have a great deal of experience fighting asbestos lawsuits on behalf of victims and their families. Asbestos settlements can be multimillion dollar amounts that will guarantee your familyÃs financial security. While money is clearly no substitute for the life of a loved one, your loved oneÃs illness is likely the fault of an asbestos manufacturing company. Our mesothelioma lawyers can explain the lawsuit process to you and guide you every step of the way. We provide free mesothelioma case consultations and work on contingency.
Statute of Limitations for Asbestos Lawsuits
Our lawyers handle lawsuits in all 50 states. Each state has its own statute of limitations for filing an asbestos lawsuit, and it is generally 1-2 years from the date of mesothelioma diagnosis or the date of death.
Who Can Sue for Mesothelioma Compensation
In most cases, if you or a loved one, alive or deceased, has suffered from an asbestos-related disease including, mesothelioma, asbestosis, lung cancer or other forms of cancer you can sue. The manufacturers and suppliers of asbestos-containing products can be sued for the diseases caused by their product. Both the person who has been diagnosed with disease and his or her spouse has a case against the asbestos companies. If the person with an asbestos disease has died, then his or her heirs have a case against the asbestos companies.
Determining Who is Responsible for Your Asbestos Exposure
Many of the asbestos companies knew about the serious health hazards of asbestos in the 1940′s, but did not warn the users of their products about these hazards. Many cases reach favorable settlements without going to trial, however when necessary, our lawyers do go to trial. Our trial attorneys have won large jury verdicts of over a million dollars. It is your lawyer’s job to find out how you were exposed to asbestos and which companies to sue. We are extremely knowledgeable about asbestos exposure sites in each state. The companies that manufactured and distributed the asbestos products will be sued. The owners of buildings that contained asbestos may also be sued. Railroads and/or shipowners may also be sued in some cases. We will review your employment history with you as an initial part of our investigation into your case.
Concerns About Suing Employers
In many cases employers were not really responsible for the exposure and would not be the target of an asbestos lawsuit. They were required to provide a safe workplace, and as such, a workers comp claim may be appropriate. The asbestos manufacturers are often the focus of asbestos litigation, as they knew very early that asbestos caused fatal lung cancer. In fact, many asbestos companies worked hard to conceal the asbestos health risks from the public as far back as the 1920s. Even up to the ë60s, asbestos companies continued to lie to asbestos workers and the public because they were making large sums of money from the vast amount of products being manufactured with asbestos.
Class Action Lawsuit vs. Individual Claim
Your case would be filed as your own individual claim. Some of the companies that produced asbestos-containing products have been granted protection by the courts against individual suits, and your claims against those companies would be subject to the rules these courts have developed. Our office would represent you in both individual and class action lawsuits.
Cost of Filing an Asbestos Lawsuit
Our firm works on contingency basis, meaning that your family has no out of pocket expenses. The costs our office incurs would be repaid only if there are sufficient settlements to cover these costs. If there is no settlement, you pay nothing.
Your Role in the Lawsuit
We specialize in representing people who have developed asbestos-related diseases. We are knowledgeable in how to comply with the special rules and procedures that most courts have developed for asbestos lawsuits. All you need to do is contact us. In order to evaluate your claim, the companies that you sue will want to develop information about you before they offer money to settle. We will help you provide the necessary information to the companies. In most cases, you will also be required to give an oral deposition. We will assist you in preparing for the deposition and will be at the deposition to help you. We work to protect our clients from the stress that the legal process may bring, especially when they are very ill.
Length of Time Until Settlement or Trial
The time from filing until settlement or trial varies. If you have been diagnosed with mesothelioma, the Courts will usually grant a motion to advance your case for an early trial date. The trial may be set as soon as 4 to 6 months after your lawsuit was filed. The earlier the trial date, the sooner the companies will pay money to settle. Depending upon which companies manufactured the asbestos-containing products that caused your disease, they may all settle without a trial. Some companies often do not offer reasonable settlements until trial has begun, others frequently wait until a jury has returned a verdict before they are willing to settle.
Who We Are
Parker & Waichman, LLP is a law firm with offices in New York and New Jersey. Our lawyers work with mesothelioma victims from around the country and possess a great deal of expertise about asbestos sites, manufacturers and asbestos exposure in all fifty states. In addition to helping individuals receive compensation for mesothelioma and other asbestos injuries, we are advocates for a ban on asbestos and environmental legislation designed to protect the public from all toxic substances.
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