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How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure may result in compensation being paid to the victim or their loved family members. Each case is unique, however there are common elements.
An attorney will determine where asbestos exposure occurred and the companies that are responsible. Many asbestos producers went bankrupt and established trusts to help people file claims.
File a Claim
Each asbestos case is unique however certain elements are common. To win a claim the plaintiff must prove that they were exposed, have mesothelioma, or a different asbestos-related illness, and that they have suffered losses.
Asbestos lawsuits are usually founded on an individual injury claim or wrongful death claim. In a personal injury lawsuit, a person suffering from mesothelioma sues companies that manufactured or sold asbestos-based products to whom they were exposed at workplace or during military service. Families who have lost a loved one to mesothelioma, or any other asbestos-related illness, can file wrongful death lawsuits.
It is important to submit an asbestos lawsuit as quickly as possible because there are strict statutes of limitations in place. State-by-state the statutes of limitation can be as short as one year. A mesothelioma lawyer will help sufferers determine if they're qualified to bring an asbestos lawsuit and what the ideal time frame is for filing their case.
In a mesothelioma-related case the plaintiff seeks compensation for medical expenses, lost wages, and other expenses associated with the illness. Settlements for mesothelioma victims can be in the hundreds of thousands or even more.
Asbestos exposure is the only known cause of mesothelioma. Large companies were aware of the risks associated with asbestos but didn't warn workers or the public. An asbestos attorney can examine the history of a person's employment and military service records to identify the source of their exposure.
A mesothelioma lawyer will also examine the client's auto home, business and auto insurance records to identify possible sources of exposure. This information can be used to create an asbestos exposure timeline for the individual and determine if there are any other sources.
The majority of mesothelioma lawsuits are filed against the manufacturers, distributors or sellers of asbestos-containing products. They can be sued for negligence, strict liability or product liability. In general, asbestos lawyers will assert that these defendants were negligent because they did not exercise reasonable care when manufacturing or selling their products. They will also argue the defendants did not adequately warn regarding the risks that come with their products.
The Discovery Phase
After filing your lawsuit, the lawyers for the defendants will initiate an exchange of information called discovery. This includes documentation such as corporate and medical records, as well as statements under oath during interviews, which are known as depositions. Your attorney will help you prepare for depositions and will be there to assist you throughout the process. The best New York mesothelioma lawyers will do their own research to gather evidence that can support your claim, and help you obtain the highest amount of compensation.
An experienced asbestos lawyer will find any evidence that proves the defendants' negligence or inaction caused your condition. Your attorney will review documents obtained through discovery and look for evidence that shows whether you were exposed other substances or activities that could have caused mesothelioma.
The mesothelioma process can take months and you'll likely feel like nothing is happening during the period. However your lawyer will be at work, scouring through the data gathered during this stage of the legal process to strengthen your case.
A key piece of evidence that has helped victims obtain asbestos settlements is the company's own admissions through the litigation process. Many asbestos companies, for example, denied that their product caused cancer and breathing problems for decades. But their own internal documents came out in the lawsuits, revealing that they were aware of asbestos' dangers but failed to warn consumers and workers.
After examining all the evidence in your case the lawyer will help you decide if an out of court settlement is a good option. Most asbestos cases are settled out of court rather than going to trial. This allows victims to receive their money faster and reduces the chance of losing at trial. An experienced lawyer can negotiate the most favorable settlement on your behalf. They will review any offers from the defendants to determine whether they are fair.
Settlements
In many civil lawsuits, the amount of compensation determined by the facts. For instance, the type of asbestos-related illness will determine the amount of a claim is worth. Mesothelioma is the most severe type of asbestos-related disease which is why those who suffer from it or their surviving family members could receive higher settlements than those who been exposed to other forms of asbestos.
Lawsuits can be filed through an experienced NYC mesothelioma lawyer firm to seek compensation for medical expenses, lost income and pain and suffering, loss of companionship and other damages. Family members of the deceased can bring a wrongful death lawsuit if their loved one passed away from mesothelioma or an asbestos-related illness.
The amount of compensation in a mesothelioma lawsuit can be difficult to estimate. A lawyer can review the victim's military or work history to see the places and times when asbestos was used. Then Sioux Falls asbestos lawsuit can determine which companies are responsible for the asbestos exposure. An attorney for mesothelioma can analyze the symptoms of a patient against similar cases in the past to determine a fair settlement range.
Typically, lawyers take on these cases on a contingent basis, meaning that they don't get paid unless they recover money for their client. The lawyer is responsible for all reasonable expenses related to the case, and they will be reimbursed from the settlement or verdict award.
A jury will listen to the evidence and decide on how much the 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 plaintiff's asbestos law firm has secured large verdicts in mesothelioma cases.
Asbestos sufferers may also be able to make claims through asbestos trust fund, which was set by companies that produced and distributed asbestos-based products to cover asbestos related liabilities. These funds are reserved for those exposed to asbestos while at work and also veterans. However, some of these funds have been drained to the point where they are no longer able to provide mesothelioma patients with full compensation.
Trial
The purpose of an asbestos lawsuit is to obtain compensation for medical expenses or loss of income, as well as other damages. These awards are usually dependent on the duration of your exposure and type of asbestos that you were exposed to. For instance, a victim may have been exposed to multiple types of asbestos while working in a power plant or at a shipyard. A mesothelioma lawyer should be aware of the various types of asbestos and their effects on various diseases.
In an asbestos lawsuit the defendants could have different views on paying compensation to victims. They may also use various strategies to avoid paying claims. Your lawyer must be able anticipate these strategies to ensure that your case proceeds quickly. 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 are skilled in thwarting these tactics and making sure that your case is completed quickly.
Your mesothelioma lawyer will prepare a trial strategy and submit it to court once evidence has been taken. A successful trial requires extensive preparation and attention to the smallest details. The plan will be adapted to suit your particular situation, since the jury's decision will depend on their understanding of the evidence.
A successful verdict could result in a significant amount for you or your loved one. If the defendants don't appeal the verdict, you can receive payments within a few months following the trial.
Defendants can decide to appeal a ruling. However, this may delay any monetary award. They may also choose to pay a lesser amount or none at all. In 2022 the jury awarded $43 million to a woman who worked in a plant that employed asbestos fire doors.
The deadline to file an asbestos claim or lawsuit varies according to the state, however generally speaking, the statute of limitations starts as soon as you are diagnosed mesothelioma. Families of deceased victims could be able to file an action against mesothelioma for wrongful death.