Starting An Asbestos Lawsuit
Asbestos has been the cause of deteriorating health among those who have been exposed to asbestos occupationally. The overwhelming evidence pertaining to the hazard has resulted in many asbestos lawsuits by individuals working with asbestos-containing material, against their employers, who had not provided them with enough safety facilities. These asbestos lawsuits hold the companies responsible for the harm caused by exposure to these products. There has been a marked increase of such asbestos lawsuits and many companies have been forced into bankruptcy since the litigation of these cases began. Starting an Asbestos Lawsuit Those wanting to file an asbestos lawsuit should first contact a lawyer. There are many law firms all around the county that focus on occupational-health law, with a specialization with asbestos lawsuits. Preliminary work involves attaining pertinent information such as the potential client's work history, exposure to asbestos and medical records. This information is reviewed to determine whether the client has a reasonable chance of a successful outcome in the asbestos lawsuit. The asbestos lawsuit begins when lawyers file the client's complaint against the company that is responsible for the asbestos exposure. It is very difficult to determine who to sue in asbestos lawsuit since asbestos manufacturing involves a number of companies, like asbestos mining, manufacturing, distribution, brokers, insulation and construction industries. The defendants then have about a month to respond to the asbestos lawsuit. The concerned lawyers then set about researching all aspects of the asbestos lawsuit. Both sides try to discover as much as possible relevant to the lawsuit regarding the asbestos exposure, by using interrogatories and subpoenas - an official request for documents, addressing key individuals and companies involved in the asbestos lawsuit. An interview of the plaintiff, called a deposition, is an informative legal proceeding for both sides. On the client's side, investigators gather information to identify the asbestos products that the client was exposed to, the companies responsible for the products and to determine who was responsible for safety at that site. This investigation will include contacting the client's co-workers, reviewing depositions, as well as research of company records, databases and so on. It is not uncommon for them to review thousands of pages and talk to over a hundred potential witnesses regarding the asbestos lawsuit. On the defendant's side, investigators try to find out things about the plaintiff such as employment and medical history. The aim of this investigation is to determine if the plaintiff was indeed warranted filing an asbestos lawsuit against the company. Settlement of the Asbestos Lawsuit In case of a settlement on the asbestos lawsuit by the defendant(s), the plaintiff and family members sign a release form, which stipulates that the plaintiff cannot again file the same asbestos lawsuit against the company. It is highly recommended to have a clear, current, and accurate assignment of one's property that includes the potential value of the pending asbestos lawsuit. This makes the settlement and money distribution process more efficient and smooth. In case the asbestos lawsuit goes all the way through to a verdict, the final outcome of the trial could be delayed for months on end. In the case of the death of the client before resolution of the case, the client's lawyers will have to file a wrongful death case before proceeding on with the personal injury case. Lawyers will then consolidate the cases and return to researching the original asbestos lawsuit, trial preparation and settlement negotiation duties. |
