How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure can result in a settlement for the victim or their loved ones. Each case is unique however, there are some elements that are common.
An attorney will determine where asbestos exposure occurred and which companies are responsible. Many asbestos manufacturers have filed for bankruptcy and set up trusts in bankruptcy to allow people to file claims.
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Each asbestos case is unique, but some elements are common. To be successful in a claim, a plaintiff must prove that they were exposed, have mesothelioma, or another asbestos-related disease, and suffered damages.
The asbestos lawsuits typically include the personal injury or wrongful death claim. In a personal injury lawsuit one suffers from mesothelioma files a suit against the companies that produced or sold asbestos-based products they were exposed to at the workplace or during military service. Families who have lost a loved one to mesothelioma or another asbestos-related illness are able to file wrongful death lawsuits.
It is important to start an asbestos lawsuit as soon as you can because there are tight statutes of limitations in place. State-by-state, the statutes for limitation could be as short as a year. A mesothelioma lawyer can help victims determine if they are qualified to bring an asbestos lawsuit, and also what the most appropriate timeframe is for filing their case.
A mesothelioma lawsuit seeks financial compensation to pay for medical expenses, lost income and other costs related to the disease. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.
Asbestos exposure is the sole known mesothelioma-related cause. Major companies knew of the dangers associated with asbestos, but did not inform workers or the general public. An asbestos attorney can look over the history of a person's employment and military service records to identify the source of their exposure.
A mesothelioma lawyer may also review the client’s auto home, business and auto insurance records to find potential sources of exposure. This information can be used to develop a timeline of asbestos exposure for the person and determine if there are additional sources.
Most mesothelioma lawsuits are filed against asbestos-containing products manufacturers, distributors, or sellers. They can be sued on the basis of strict liability, negligence, or product liability. In general, asbestos lawyers will argue that these defendants were negligent because they did not exercise reasonable care when producing selling, selling or utilizing their products. They will also assert that the defendants did not give adequate warnings about the dangers of their products.
The Discovery Phase
After filing your lawsuit the lawyers representing the defendants will start an exchange of information, also known as discovery. This could include documents such as medical documents and corporate records but also statements made during interviews under oath, called depositions. Your attorney will assist you in preparing for a deposition, and will be present during the process. In fact, the top New York mesothelioma attorneys will conduct their own research during this stage of the lawsuit to gather crucial evidence that supports your claim and assists you to get maximum compensation.
A skilled asbestos lawyer can discover any evidence that indicates the defendants' negligence or inaction led to your illness. Your lawyer will go through documents that are obtained through discovery and search for evidence that shows whether you were exposed other substances or activities that could have caused mesothelioma.
You may feel that nothing is happening while the mesothelioma investigation process takes months. However your lawyer will be at work, scouring through the information gathered in this part of the legal process in order to improve your case.
A key piece of evidence that has aided victims obtain asbestos settlements is the company's own admissions through the litigation process. Many asbestos-related companies, for instance did not admit that their product caused cancer or breathing problems for decades. Their own internal documents were revealed in the lawsuits. They revealed that they were aware of hazards associated with asbestos but did not warn workers and consumers.
Your lawyer will help you determine if a settlement out of court is the most appropriate solution for your situation after examining all evidence. Most asbestos cases are settled outside of court rather than going to trial. This allows victims to receive their money faster and eliminates the risk of losing at trial. An experienced lawyer can negotiate the best settlement for you, and also evaluate any offer made by defendants.
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In many civil cases, the amount of compensation awarded depends on the facts of the case. The type of asbestos-related illness can affect the value of the claim. Mesothelioma, the most severe form of asbestos-related disease, could result in a larger settlement for the victims or their surviving family members.
Lawsuits can be filed through an experienced NYC mesothelioma law firm in order to seek compensation for medical expenses, lost income, pain and suffering and loss of companionship, among other damages. If someone close to you has died from mesothelioma or another asbestos-related illness, the surviving family members can file a wrongful deaths lawsuit.
The compensation in a lawsuit involving mesothelioma can be difficult. A lawyer can examine the work of a victim as well as military history to determine where asbestos could have been used. They can determine the companies responsible for asbestos exposure. A mesothelioma lawyer will also evaluate the mesothelioma sufferer's symptoms with those of other cases to come up with an acceptable range of settlement offer.
Typically, lawyers handle these cases on a contingency basis, meaning that they do not get paid until they have recovered funds for their client. The lawyer will cover all reasonable expenses related to the case, and they will be reimbursed through the settlement or verdict.
A jury will consider the evidence and then decide how much an individual victim is entitled to for their injuries. It is possible, however, that defendants would prefer to go to court instead of settlement. This is especially the case in the event that the plaintiff's asbestos law firm has secured large settlements in mesothelioma lawsuits.
Asbestos victims can also seek compensation through asbestos trust funds, which were created by companies that once manufactured and distributed asbestos products to pay for asbestos-related liabilities. These funds are reserved for those exposed to asbestos in the workplace and also veterans. Some of these funds are depleted and will not provide the full amount of compensation to mesothelioma sufferers.
Trial
A lawsuit involving asbestos is intended to pay for medical expenses, lost income, and other damages. Generally, the amount you receive is based on your length of exposure and the kind of asbestos you were exposed to. For example, a victim might have been exposed various kinds of asbestos while working in the power plant or in an shipyard. Thus, a mesothelioma attorney must be knowledgeable about every type of asbestos and how it could cause various diseases.
The defendants in an asbestos lawsuit may have different attitudes toward compensating victims and may resort to various strategies to avoid paying for claims. Your lawyer should be able to anticipate these strategies to ensure your case is resolved quickly. For instance, defendants might try to stall the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers are experienced and know how to thwart these kinds of tactics and ensure that your case gets resolved promptly.
Your mesothelioma lawyer will then prepare a trial strategy and present it to the court once the evidence is collected. A successful trial requires careful preparation and attentiveness. The strategy will be tailored to suit your particular situation, since the jury's verdict will be based on how they understand the evidence.
A verdict that is successful could result in a significant amount for you or your loved one. If the defendants do not contest the verdict, payment can be made within a few weeks following the trial.
Defendants have the option of appealing the decision, however this will delay any monetary award until the appeal is completed. They can also decide to pay less or no payment. In 2022, a jury awarded $43 million to a woman who worked at a plant that employed asbestos fire doors.
The time period for filing an asbestos claim or lawsuit can differ from state to state. However, in the majority cases, it begins when you are diagnosed with mesothelioma. Family members of a deceased victim might be in a position to file a mesothelioma wrongful death lawsuit.