It is a naturally occurring substance that is used as insulation.It can cause cancer if you are exposed to it again and again.Exposure to asbestos can cause cancer if you received a diagnosis.It can take as long as 50 years after exposure for symptoms to appear, so a lawsuit for exposure needs significant investigation.
Step 1: Find attorneys near you.
It is possible that you will have to file your lawsuit in a different state.If you want to start the process, you should find an experienced attorney who specializes inAsbestos lawsuits.If you're still in contact with coworkers who were exposed to the same thing, it's a good idea to talk to them.They may be able to recommend an attorney if they have successfully sued for exposure.You can find local attorneys on the website of your bar association.There is a directory of attorneys licensed in your state.A referral service can be found online or over the phone.When you answer a few questions about your case, attorneys are recommended for you based on your answers.One advantage of using a referral service is that the attorneys listed have signed up for that service because they are looking for clients.You only have a year after your diagnosis to file a lawsuit.It's important to act fast if you want to file a lawsuit.
Step 2: Schedule several initial consultations.
A free initial consultation is typically provided by attorneys.If you schedule at least three, you can find the best lawyer to represent you.If you have more than three attorneys' names on your list, you may want to do more research to narrow down your options.Attorneys' websites are a good place to start.Information about an attorney's background and experience can be found there.Attorneys' websites are marketing tools.It's possible that you need to look elsewhere to get a better idea of the attorneys you're considering.Try to have your initial consultations within the same week.If you schedule them back-to-back, you may not have enough time for each consultation.
Step 3: A list of questions should be prepared.
Attorneys see a free initial consultation as an opportunity to market their services.A general prepared presentation may not include all the information you need to make a decision.Writing down your questions will help you remember to ask important questions during the consultation.You should include related questions on your list if you think about what's important to you in a productive working relationship.You need to be able to communicate using email if you are not available by phone.If you ask an attorney their preferred method of communication and they tell you they prefer phone calls and hate email, they probably aren't going to be the best attorney for you.A good understanding of the level of experience an attorney has, how much work will be done personally by the attorney you're interviewing, and how many clients similar to you thatattorney has successfully represented are all things you want to know.
Step 4: Take the attorneys you interviewed and compare them.
When you've attended all of your initial consultations, take a moment to evaluate what you liked and didn't like about each of the attorneys you spoke to.One attorney may rise to the top of your list after your interviews.It is still worthwhile to compare them objectively.It may take a year or more for your lawsuit to be decided.While an attorney's experience and knowledge is important, how well you get along with them is just as important.If you found an attorney intimidating or condescending, or if they made you feel uncomfortable, they probably won't be the best attorney for you.
Step 5: A retainer agreement should be signed by you.
If you hire an attorney who works on contingency, you won't have to pay them any money right away.You need to get the details of the representation in writing.Your attorney should review the agreement to make sure you understand it.Paying close attention to how costs and fees are accounted is important.Since your attorney will be working on contingency and you don't have to give them money right away, you may not be worried about how the attorney's fees are calculated.There are significant differences in what costs are included in attorney's fees as well as the percentage the attorney takes from whatever money you recover in your lawsuit.Attorneys should take a smaller percentage fee from a settlement than from an award at trial.You should get a copy of your records after you've signed your retainer agreement.
Step 6: Take a moment to review your employment history.
People were exposed to the substance at work.It can be hard to know when and where you were exposed to the diseases because of how long it takes to show symptoms.Depending on your line of work, it's possible that you were exposed to many different employers.A good place to start is to make a list of where you've worked.You can identify opportunities for exposure with the help of your attorney.It may be difficult to figure out which instance of exposure was responsible for your illness.In this situation, you will usually file a lawsuit against more than one company, and they all will share some of the responsibility.
Step 7: The companies should be identified.
There are two types of claims you can make.You can bring a negligent claim against the employer who exposed you.Under a products liability theory, you can bring a lawsuit against the company that manufactured the products.The company that made the product that you were exposed to is strictly liable for any injuries you suffer as a result of that exposure.Strict liability means you don't have to prove the company was negative, only that the product they manufactured hadAsbestos in it and you were exposed to it.Your attorney will help you investigate the manufacturers of the products you were exposed to and determine who should be sued for your illness.
Step 8: You should estimate your damages.
The amount of money you claim you are owed as compensation for the illness you're suffering must be included in your complaint.Medical bills and lost wages are usually included.Since you will continue to have medical costs for treatment of your illness, these additional costs will need to be projected.Your healthcare providers can give you an estimate of your medical costs.This estimate is dependent on the advancement of your condition.You may be able to collect damages for pain and suffering.Your attorney can help you come up with a good estimate for the specific amount.It is important that you take into account not only the pain you suffer, but also the loss to your quality of life as a result of your illness.You have had to cancel or delay trips due to your illness.
Step 9: You can choose the right court.
Depending on where the exposure took place and the headquarters of the company you're suing, the court where you file your lawsuit depends.If you're suing companies in different states, federal court may be appropriate.Even if you have to file your lawsuit in a different state, it won't be necessary for you to travel to that state yourself.Your attorney will take care of the legal proceedings and may network with an attorney who is licensed to practice in that state.Your attorney's legal strategy affects which court you use.If possible, your attorney will make every effort to file a lawsuit in one of the more favorable courts.
Step 10: To file, you need to know your deadline.
Depending on whether you're suing under state or federal law, how long you have to file a lawsuit varies.Depending on the state, you have to file a lawsuit after a diagnosis.The amount of time you have to file a lawsuit depends on when you were exposed to the toxin.Since decades can pass before you are aware that you have been exposed to a harmful substance, the period begins when you get a diagnosis of an illness related to it.You can't just file a lawsuit for exposure to asbestos.You have to have a specific injury related to the exposure to asbestos.You have between one and five years after your diagnosis to file a lawsuit against the responsible companies.
Step 11: Consider other types of claims.
You can also be eligible for benefits under workers' compensation, disability, and veterans' benefits.If you file these claims, you can also file a lawsuit against the companies responsible for your exposure.If you served in the military and were exposed to asbestos, you will be entitled to veterans' benefits.Depending on how recently you were exposed, you may be eligible for workers' compensation benefits.If you work in an industry in which you've been exposed to asbestos for decades, your most recent employer is responsible for at least a portion of your total damages.If you have had to quit your job due to cancer, you may qualify for Social Security disability.It is a long process to file for disability.
Step 12: Make a complaint.
The complaint is the court document you use to initiate your lawsuit once you have all the information.Each company you're suing has a specific factual allegation in your complaint.The exact company or companies you're suing, and the specific amount of damages to which you believe you are entitled, can be found in the complaint.Your attorney will meet with you to discuss the allegations before the complaint is filed.To the best of your knowledge, make sure the complaint is correct and accurate.Inform your attorney if you think companies that haven't been included in the lawsuit should be added to your complaint.
Step 13: You can file a complaint.
The clerk of the court will hear your lawsuit once the complaint is complete.The filing fee for your lawsuit will be paid by your attorney.Filing fees can be hundreds of dollars.This amount will be added to the court costs of your lawsuit and will come from any award or settlement you receive.You will usually get a file-stamped copy of the complaint from your attorney.After your complaint is filed, it must be served on the company or companies you're suing for.Typically, service is accomplished by having a sheriff or other process-serving professional hand-deliver the court documents to the company's agent.Fees for service will be added to your court costs.
Step 14: Receive the answer from the other party.
You have a limited amount of time to file a written response to your lawsuit after you've served the company.You may be able to win your lawsuit against the companies if they don't file a written answer to your complaint.Don't expect this to happen.The defendants will usually file an answer that denies your allegations, as well as other defenses they intend to assert against you.There is a motion to dismiss.Motions to dismiss from one or all of them can be obtained if you sued more than one company.You have to defeat the motion to dismiss before you can continue with the lawsuit.Your attorney will discuss strategy with you.Even if your claims against one company are dismissed, other companies may still be responsible for the damages you have suffered as a result of your exposure to asbestos.
Step 15: You can participate in discovery.
You will enter the discovery phase if you defeat the motion to dismiss.Information and evidence related to the claims you made in your complaint will be exchanged between you and the company.You can learn more about your case through written questions and requests for documents.Additional defendants may be added to your lawsuit.The attorneys of the companies you've sued will want to question you.A deposition is a live interview.A written transcript of the entire proceeding is produced by a court reporter.Key company members may be deposed by your attorney.Your healthcare providers will be deposed about the nature and extent of your injuries and the treatment you're receiving for your illness.You don't have to travel to the other state to be deposed if your lawsuit is being filed in another state.
Step 16: Consider any offers.
At any time over the course of litigation, the company may make an offer to settle the case.If you're suing more than one company, you can settle with one of them.Settlement offers will be less than the amount of your complaint.It may be less in some cases.You have to consider the time, stress, and additional cost of taking your case all the way to trial.Settling your case will allow you to focus on your own health and well-being.The decision of whether to accept a settlement offer is yours alone.The decision can't be made by your attorney.