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How to File an Asbestos Exposure Lawsuit

A lawsuit involving asbestos exposure could result in compensation being paid to the victim or their loved ones. Each case is different, but there are common elements.

A lawyer will be able to determine where you were exposed to asbestos and which companies are responsible. Many of the asbestos manufacturers went bankrupt and established trusts to help people claim compensation.

Claim your Benefits

Each asbestos case is different however certain aspects are common to all. To win a case, a plaintiff must show that they were exposed to asbestos, have mesothelioma or another asbestos-related disease, and have suffered losses.

Asbestos lawsuits usually are built around an individual injury claim or wrongful death claim. In a personal injuries lawsuit, a person with mesothelioma sues companies that manufactured or sold asbestos-based products to which they were exposed at work or during military service. The lawsuits for wrongful death are filed on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related disease.

The statute of limitations is extremely strict, and you must submit your asbestos lawsuit as quickly as possible. State-by-state the statutes of limitation could be as little as one year. A mesothelioma lawyer can assist a victim to determine if they are able to bring an asbestos lawsuit and what the best timeline could be for filing their case.

In a mesothelioma lawsuit, the plaintiff seeks compensation for medical expenses, lost wages and other costs associated with the disease. Settlements for mesothelioma sufferers could be hundreds of thousands or even more dollars.

Mesothelioma can only be caused by exposure to asbestos. Major companies knew of the risks associated with asbestos but didn't inform workers or the general public. An asbestos attorney (try these guys out) can look over a person's employment history and military service records to identify the source of their exposure.

A seasoned mesothelioma lawyer will also review the client's business, home, and auto insurance records to identify possible sources of exposure. They can then utilize this information to create a timeline of the person's asbestos exposure and determine if any other sources of exposure exist.

The majority of mesothelioma lawsuits are filed against asbestos-containing product manufacturers distributors, sellers, or manufacturers. They are liable for negligence, strict liability or product liability. Generally, the asbestos lawyers will assert that the defendants were negligent as they failed to exercise reasonable care when producing selling, selling or utilizing their products. They will also claim that the defendants did not give adequate warnings about the dangers of their products.

The Discovery Phase

After you file your lawsuit, attorneys representing the defendants will initiate an exchange of information, also known as discovery. This could include documents such as medical records and corporate records but also statements made in interviews under oath, called depositions. Your lawyer will assist you prepare for a deposition and will be present to assist you throughout the procedure. The most effective New York mesothelioma lawyers will conduct their own research in order to gather evidence that supports your claim, and assist you obtain the highest amount of compensation.

Defense attorneys may attempt to conceal any evidence that shows their negligence or inaction caused your illness however, a seasoned asbestos lawyer will make sure to uncover the facts. In addition to reviewing documents received through discovery, your lawyer will also search for evidence that indicates whether you were exposed to any other substances or actions that could have triggered mesothelioma, such as smoking cigarettes.

You may feel that nothing is happening, while the mesothelioma examination process can take months. However, your lawyer will be hard at work analyzing the evidence gathered during this part of the legal process in order to improve your case.

One of the key elements of evidence that has aided victims get asbestos settlements is the company's own admissions during the litigation process. For instance, many asbestos companies have denied for years that their product could cause breathing issues and cancer. But their own internal documents were released in the lawsuits, revealing that they were aware of asbestos's dangers, but failed to warn the public or workers.

After examining all the evidence in your case, your lawyer will help you determine if an out-of-court settlement is the best option. The majority of asbestos cases reach settlements rather than going to trial because this allows the victims to receive money faster and avoid the risk of a loss at trial. An experienced attorney can negotiate the most favorable settlement on your behalf. They can assess any offers from the defendants to determine whether they are fair.

Settlements

In many civil cases the amount of compensation awarded is contingent on the specific facts of the case. The type of asbestos-related disease can affect the value of the claim. Mesothelioma is the most severe type of asbestos-related illness, can result in a higher settlement for the victims or their surviving family members.

A NYC mesothelioma lawyer can make a claim to recover damages such as medical expenses, lost wages or income, pain and suffering and loss of companionship. If a loved one has died from mesothelioma, or an asbestos-related disease, the remaining family members can file a wrongful-death lawsuit.

Compensation in a lawsuit for mesothelioma can be difficult. Lawyers can examine the victim's military and work history to see where and when asbestos was likely employed. Then they can determine which companies are responsible for the exposure to asbestos. A mesothelioma lawyer can also compare the mesothelioma patient's symptoms to those of past cases in order to come up with an acceptable range for a settlement offer.

Lawyers typically handle these cases as contingency fees, meaning that they don't get paid unless their client is able to receive money. The lawyer will pay for all reasonable expenses associated with the case and then be paid out of the verdict or settlement.

A jury will consider the evidence, and then decide what amount of compensation a victim is entitled to for their injuries. It is possible, however, that defendants might want to go to court instead of settling. This is especially true when the asbestos law firm has experience winning large verdicts in mesothelioma cases.

Asbestos sufferers may also be able to file claims through the asbestos trust fund, which was put by companies that produced and distributed asbestos products in order to pay for asbestos-related liabilities. These funds are set aside for those who were exposed to asbestos in the workplace, including veterans. However, some of these funds have been depleted to the point where they are no longer able to pay mesothelioma sufferers full compensation.

Trial

The aim of an asbestos lawsuit is to seek compensation for medical expenses or loss of income, as well as other damages. Generally, the amount of compensation you receive will depend on your length of exposure and the type of asbestos you were exposed to. For example, a victim might have been exposed to multiple kinds of asbestos while working in a power plant or at an shipyard. So, a mesothelioma lawyer should be aware of each type of asbestos and how it could cause different diseases.

The defendants in an asbestos lawsuit have varying opinions about compensating victims. They might resort to a variety of strategies to avoid paying for claims. Your attorney should be able anticipate these strategies to ensure your case will be resolved quickly. The defendant will often try to delay the process by filing frivolous, unfounded motions that are likely to be denied. Our mesothelioma lawyers are experienced and know how to thwart these kinds of tactics and ensure that your case is resolved quickly.

Your mesothelioma lawyer will then prepare a trial strategy and submit it to court once the evidence is gathered. A successful trial requires careful preparation and attentiveness. The strategy will be tailored for your situation as the jury's verdict will be based on their understanding of the evidence.

A successful verdict could result in a substantial award for you or your loved ones. If the defendants aren't able to contest the verdict, payment can be made within a few weeks of the trial.

Defendants may decide to appeal a ruling. However, this could delay any financial award. They may also decide to pay a lesser amount or nothing at all. In 2022, a jury handed out $43 million to an employee of a factory that used asbestos fire doors.

The time to file an asbestos claim or lawsuit varies by state, but in most cases the statute of limitations begins as soon as you are diagnosed with mesothelioma. In addition, the family members of a deceased victim might be able to file a mesothelioma wrongful death lawsuit.