Boston Asbestos Lawyer | The Law Offices of Michael P. Joyce, P.C.The Law Offices of Michael P Joyce, P.C

Process for Filing an Asbestos Lawsuit

Many people don’t know what to expect during an asbestos lawsuit, which can make the process seem a bit overwhelming. The first step you should always take is to speak to an asbestos attorney. They can handle your claim every step of the way, and fully explain each step of the process.

Here is a general outline of how your claim may proceed:

Investigation – Once you have spoken to an attorney, they will get to work investigating your claim. They will research which company could be liable for your asbestos exposure and the illness you developed as a result. Your attorney may also collect work and medical records, speak to witnesses, and reach out to their network of expert witnesses who can help support your claim.

Filing your claim – After liability has been determined and your attorney has collected the necessary evidence to prove it, they will file your claim. This will begin the civil action process. Your attorney will prepare a written complaint and file it in the proper jurisdiction. The negligent party will receive a copy and have a certain amount of time to respond.

Discovery – During the discovery phase, your attorney and the opposing counsel will exchange information pertaining to the case. Depositions are often taken and witnesses are questioned and cross-examined. This is an important step in asbestos compensation claims. Due to the fact that those with asbestos-related illnesses are in a state of rapidly deteriorating health, taking a deposition of them can help prove their illness.

Negotiations – After each side has gathered all the necessary information, negotiations will begin. Your attorney can negotiate with the other side to seek the full amount of compensation you deserve. The at-fault party may then make a counter-offer for a lower amount of money. This will continue back and forth for some time. If the two sides can come to an agreement, you will receive a settlement. If they cannot come to an agreement, your case could go to trial and be heard in front of a judge and jury.

Appeal – After a trial, the side that lost can appeal the decision. Not all cases are eligible for appeal. In order for a case to proceed to this point, there must have been an error made during the original trial.

The legal process is sometimes long, and the procedure in civil courts is often confusing. An attorney can work to ensure your case proceeds through the justice system quickly and give you the best chance of securing the compensation you deserve.

Understanding Types of Asbestos Compensation Claims

If you’re suffering from an asbestos-related illness, you may have several options for pursuing compensation. You can file a claim with an asbestos trust fund, pursue a lawsuit, file a claim for veterans’ benefits or workers’ compensation, and may be able to file a Social Security claim.

Many companies have either admitted their liability for exposing individuals to asbestos, or have been found liable by the courts. Many of these companies have gone bankrupt and set up asbestos bankruptcy trusts to provide patients with the compensation they need for costs such as medical expenses.

To file a claim with an asbestos trust fund, you must meet certain eligibility requirements. If you do not meet these requirements, you could file a lawsuit against the liable party. The two types of asbestos lawsuits that are most commonly filed are personal injury lawsuits, which are filed by the patient, and wrongful death lawsuits, which are filed by surviving family members.

A large portion of individuals suffering from mesothelioma and other cancers due to asbestos exposure developed the illness after serving in the military. These individuals can often file an asbestos compensation claim for veterans’ benefits through the Departments of Veterans Affairs.

Many individuals who develop cancer from asbestos exposure contracted the illness through their employment. For example, firefighters are often exposed to asbestos in buildings that have caught fire, and plumbers and electricians are also often exposed to the toxic mineral. If you were exposed to asbestos on the job and have developed an asbestos-related illness as a result, you can file a workers’ compensation claim to receive the benefits you need.

Social Security disability claims can also provide compensation for some patients who were exposed to asbestos and fell ill because of it. These benefits are available to people who have developed a serious illness or injury that prevents them from working. There is typically a five-month waiting period to receive Social Security disability benefits. However, the Social Security Administration (SSA) recognizes that mesothelioma patients generally need benefits much sooner. The SSA will make an exception and grant a compassionate allowance to expedite the process and get you benefits sooner.

Frequently Asked Questions

If you are filing any type of asbestos compensation claim, you likely have a lot of questions. Below are some common questions people have when pursuing these claims, and the answers to them.

Asbestos Litigation

Can I sue for being exposed to asbestos?

If you have been exposed to asbestos, you may have grounds to file a lawsuit against a liable party. However, simple exposure is not enough. You must prove that you have developed an illness as a result your exposure to asbestos. You must also prove liability against a company or other party that failed to protect you from the exposure, or failed to warn about the possibility of exposure.

Will I have to go to court in my asbestos lawsuit?

The answer to this question depends on whether a Massachusetts asbestos attorney and the negligent party can come to a fair agreement. If they cannot, the case may have to go to court to be heard before a judge and jury. Only a very small percentage of asbestos lawsuits go to court, so there is a very good chance that your case will settle and not require you to attend court hearings.

Why would I have to sue if there’s an asbestos trust fund set up?

To access an asbestos trust fund, you must still file a claim with that trust. This is different from a lawsuit, although you will still have to prove that the company was responsible for your exposure to asbestos and your resulting illness. There may also be multiple defendants, or liable parties, and they may not all have a trust fund set up. Even though you file a claim with a trust fund, you may still have to file a lawsuit against other liable parties.

How long does an asbestos lawsuit take?

There is no definitive way to determine how long an asbestos lawsuit will take. Some may take years, while others are settled within just a few months. This is because there are many factors that affect the amount of time any lawsuit will take. One of those factors is the stage of your illness. If you are very ill, it’s sometimes possible to have a case expedited and get a trial date sooner than you would have otherwise.

The number of defendants could also affect the timeline of your lawsuit. For example, a contractor that installed insulation containing asbestos in hundreds of job sites could have many defendants involved in the claim. On the other hand, a teacher who was exposed to asbestos during renovation work in a school will likely only have one defendant in their case. Cases involving multiple defendants almost always take longer, so this will affect how long your case takes.

If your case involves multiple appeals, it could also take longer. Appeals are not very common in asbestos cases. However, if you don’t get a favorable verdict and want to appeal the decision, or if the other side appeals, it will cause your case to drag on longer.

My loved one is very ill. What happens if he or she dies before the asbestos lawsuit is resolved?

Mesothelioma, the cancer some people develop after being exposed to asbestos, is extremely aggressive. Once a person develops it, their health typically deteriorates very quickly. Sometimes, this means that a person may pass away while they are in the middle of their personal injury case.

When this happens, any compensation awarded will go to the estate, and not the estate representative. The awards are then divided a number of ways depending on whether the deceased had a will or if the proceeds of the estate are distributed according to intestacy rules.

Family members who wish to continue on with a claim after the plaintiff passes away may find it more difficult to secure compensation. This is because the history of asbestos exposure is often more difficult to prove, and the original plaintiff can no longer attest to their physical condition through a deposition, affidavit, or during trial while under oath. Witnesses and evidence may also become more difficult to find once an individual passes away due to asbestos exposure. For these reasons, anyone wishing to continue on with a lawsuit after their loved one passes away should speak to a Massachusetts asbestos lawyer who can successfully address these challenges.

My family member died from asbestos exposure. Can I still file a claim?

Tragically, a person may pass away from mesothelioma and other illnesses contracted due to asbestos exposure before they are able to file a personal injury claim. However, in these instances, family members may file a wrongful death claim.

Wrongful death claims allow surviving loved ones to claim compensation for the losses they have sustained as a result of the death. For example, if the person who contracted mesothelioma earned an income that contributed to the household, family members can include this in a wrongful death claim. Wrongful death claims can also seek compensation for things such as loss of companionship, support, and guidance.

How long do I have to file an asbestos lawsuit?

Individuals who contracted an illness due to asbestos exposure, or their surviving loved ones, have a limited amount of time to file a lawsuit to claim compensation. Like any lawsuit, cases involving asbestos exposure have a statute of limitations. This is the amount of time individuals have to file their claim.

Personal injury claims in Massachusetts have a statute of limitations of three years from the date the individual developed the illness after asbestos exposure. Wrongful death claims also have a statute of limitations of three years, although this three-year time limit begins on the date of death.

How much does it cost to hire an asbestos lawyer?

People who wish to file a claim for an illness contracted after asbestos exposure should speak to an attorney who can handle their claim for them. Many people are often worried about how much an attorney will cost.

The Boston asbestos attorneys at The Law Offices of Michael P. Joyce work on a contingency basis, meaning we do not get paid unless we successfully secure compensation for you. When that happens, we will retain a percentage of that compensation that you have previously agreed to. You never have to pay us an upfront attorney’s fee.