Who Do You Sue in an Asbestos Lawsuit?
People often ask me, “How do I file an asbestos lawsuit? What should I do first?”
When you are considering going to court to file an asbestos lawsuit, the first thing you need to do is figure out exactly whom you should sue. This may seem like a simple issue, but it can be very complicated.
If you get into a car accident you would sue the person who was driving the car that hit you. But it is not always that simple. For instance, what if the driver of the car does not own the car and was just borrowing it? In that case, you would also want to sue the owner of the car, since the car insurance probably would be in the owner’s name. So, in this example, you would file your lawsuit against two people, the driver and the owner.
Who is at Fault in an Asbestos Lawsuit?
Asbestos cases can be like that. But even more challenging. Unfortunately the symptoms of illness caused by asbestos exposure emerge decades after the exposure has taken place. This can make it more difficult to track down who is responsible for causing you harm. Say you worked for a brake repair shop where you worked with brake pads that contained asbestos. That was 20 or 30 years ago. The shop may be gone now and the owner deceased. Who manufactured the brake pads? Is the company still around? Have they been bought by another company? Have they gone bankrupt and created a trust to settle lawsuits like the one you intend to file?
As you can see, figuring out exactly who to sue is not always straightforward. Once you determine whom to sue, you need to find enough basic information about that person or organization for an asbestos lawsuit to have standing. Options for compensation will include asbestos trust funds, settlements or going to trial and reaching a verdict.
You can find additional general information on the California Courts website. Or you can consult a lawyer who specializes in asbestos lawsuits. We would be honored if you choose to contact us – at no charge to you.
As Abraham Lincoln, who also was a lawyer, wisely said, “He who represents himself has a fool for a client.”