How to File an Asbestos Exposure Lawsuit
An asbestos exposure lawsuit can result in a settlement for the victim or their loved ones. Each case is different however there are some elements that are common.
An attorney will determine where asbestos exposure occurred and which companies are responsible. Many asbestos producers have filed for bankruptcy and set up up bankruptcy trusts which allow individuals to make claims.
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Every asbestos case is different however, there are a few aspects that are common to most claims. In order for a plaintiff to prevail in their case, they must prove that they were exposed to asbestos, they suffer from mesothelioma or another asbestos-related disease and have suffered damages due to the exposures.
The asbestos lawsuits typically include a personal injury or wrongful death claim. In a personal injury suit the person suffering from mesothelioma files a lawsuit against the companies that produced or sold the asbestos-based products they were exposed to in the workplace or during military service. Wrongful death lawsuits are filed on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related illness.
The time limit for filing a lawsuit is extremely strict and you should file your asbestos lawsuit as soon 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 whether they are eligible to file an asbestos lawsuit and what the best timeline may be for filing a case.
A mesothelioma lawsuit seeks financial compensation to pay for medical expenses, lost income and other costs related to the illness. Settlements for mesothelioma sufferers can be in the hundreds of thousands or more.
Asbestos exposure is the sole known mesothelioma-related cause. The dangers of asbestos were well-known to major corporations, however they did not warn their workers or the public. An asbestos lawyer can examine a person’s employment history and military records to determine the source of exposure.
A mesothelioma lawyer can also examine the client's auto home, business and auto insurance records to identify possible sources of exposure. They can then utilize this information to create an outline of the person's asbestos exposure and determine if other sources of exposure exist.
Most mesothelioma lawsuits are filed against asbestos-containing product manufacturers, distributors, or sellers. They can be sued on the basis of strict liability, negligence, or product liability. In general, asbestos lawyers will assert that the defendants were negligent because they did not exercise reasonable care when making selling, selling or utilizing their products. They will also argue that the defendants did not provide proper warnings of the dangers associated with their products.
The Discovery Phase
When you submit your lawsuit, the lawyers of the defendants start the process of discovery. This could include documents such as medical documents and corporate records but also statements made during interviews under oath, referred to as depositions. Your attorney will assist you prepare for a deposition and will be present to assist you throughout the process. The best New York mesothelioma lawyers will conduct their own research in order to find evidence that supports your claim, and assist you obtain the highest amount of compensation.
The defendants may attempt to hide any evidence that shows their negligence or inaction led to your condition however, a seasoned asbestos lawyer will be sure to expose these facts. In Tallahassee asbestos attorneys to looking over documents obtained through discovery, your lawyer will also search for evidence about whether you were exposed to other products or activities that could have caused mesothelioma. For instance, smoking.
It is possible to feel like nothing is happening while the mesothelioma research 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.
The company's own admissions during the litigation process have been an important discovery that has allowed asbestos victims to win settlements. For instance, a lot of asbestos companies had for years denied that their product could cause breathing issues and cancer. The company's internal documents were revealed in the lawsuits. They revealed that they were aware of the asbestos dangers, but did not warn consumers and workers.
Your lawyer will help you determine if a settlement out of court is the best solution for your situation after analyzing all evidence. The majority of asbestos cases settle settlements rather than going to trial, because this allows victims to receive compensation quicker and reduce the risk of a loss in the event of a trial. An experienced attorney will negotiate the most favorable settlement on your behalf and will evaluate any offers made by the defendants to determine whether they are fair.
Settlements
In a lot of civil cases the amount of compensation awarded is contingent on the specific facts of the case. For instance, the nature of asbestos-related disease can determine how much an claim is worth. Mesothelioma is the most severe type of asbestos-related disease, may result in a bigger settlement for the victims or their surviving family members.
Lawsuits can be filed with an experienced NYC mesothelioma law firm in order to seek compensation for medical expenses, lost income as well as pain and suffering and loss of companionship, among other damages. Family members who are survivors can bring a wrongful death lawsuit when their loved ones died of mesothelioma, or another asbestos-related illness.
Compensation in a mesothelioma lawsuit can be difficult to calculate. Lawyers can look over the work of the victim and their military history to determine if asbestos might have been used. They can then determine which companies were responsible for asbestos exposure. An attorney for mesothelioma can examine the symptoms of a victim against those of previous cases to determine a reasonable settlement range.
Lawyers usually take on these cases as contingency fees, meaning that they are not paid unless their client is able to receive money. The lawyer will pay for all of the reasonable case-related expenses, and then they are reimbursed from the verdict or settlement.
A jury will consider the evidence and then decide how much an individual victim is entitled to for their injuries. However, it is possible that the defendants will decide to go to trial instead of agreeing to a settlement. This is particularly true if the plaintiff’s asbestos law firm has gotten large settlements in mesothelioma lawsuits.
Asbestos victims can also seek compensation through asbestos trust funds which were established by companies that once manufactured and distributed asbestos products to cover asbestos-related liabilities. These funds are reserved for those exposed to asbestos in the workplace as well as veterans. Some of these funds are depleted and can not be used to pay full compensation to mesothelioma patients.
Trial
The aim of a lawsuit involving asbestos is to recover compensation for medical expenses or loss of income, as well as other damages. The majority of the amount you receive is based on the length of your exposure and the type of asbestos you were exposed to. A victim could have been exposed to multiple kinds of asbestos while working in a power plant, shipyard or other industrial setting. A mesothelioma lawyer must be knowledgeable about the various types of asbestos and their effects on various diseases.
In a lawsuit involving asbestos, the defendants may have different views on compensating victims. They could also employ different strategies to avoid paying claims. Your attorney should be able to anticipate these tactics and ensure that your case progresses swiftly. For example, defendants will attempt to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers have experience and know how to deter these tactics and ensure that your case gets resolved quickly.
Your mesothelioma lawyer will develop a trial plan and present it to the court once the evidence is taken. A successful trial requires careful preparation and a keen eye. The plan will be adapted to your specific situation because the jury's decision will be based on their understanding of the evidence and how it relates to your particular case.
A successful verdict could result in an amount that is substantial for you or a loved one. If the defendants don't appeal the verdict, you can receive payments within a few months of the trial.
Defendants have the option of appealing the decision, however this will delay any financial award until the appeal is completed. They can also opt to pay less or nothing. In 2022, the jury gave $43 million to a woman employed in a factory that had asbestos fire doors.
The statute of limitations for filing an asbestos lawsuit or claim can vary by state. However, in the majority of cases, it begins when you are diagnosed with mesothelioma. Families of victims who have passed away may be able to file an action against mesothelioma for wrongful death.