How to File an Asbestos Exposure Lawsuit

An asbestos exposure lawsuit could result in a settlement for the victim or loved ones. Each case is unique, however there are common elements.

An attorney will determine where asbestos exposure occurred and the companies that are responsible. Many of the asbestos manufacturers went through bankruptcy and created bankruptcy trusts for people to make claims.

File a Claim

Every asbestos case is unique however, there are a few aspects that are common to most claims. For a plaintiff to win their claim, they must prove that they were exposed to asbestos, suffer from mesothelioma or another asbestos-related diseases and have suffered damages because of the exposures.

The asbestos lawsuits typically involve either a personal injury or death claim. In a personal injury suit, the person who has 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 any other asbestos-related illness are able to file wrongful death lawsuits.

It is crucial to start an asbestos lawsuit as quickly as you can, since there are strict statutes of limitations in place. The precise statutes of limitation differ from state to state and can be as short as a year. An attorney for mesothelioma can help a victim determine if they are able to file an asbestos lawsuit and what the best timeline may be for filing a case.

In a mesothelioma-related case the plaintiff seeks to recover compensation for medical expenses, lost wages, and other costs associated with the illness. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements.

Mesothelioma can only be caused by asbestos exposure. The dangers of asbestos were well-known to major companies, but they didn't inform their workers or the public. An asbestos attorney can review the person's work history and military service records to find the source of their exposure.

An experienced mesothelioma lawyer will also review the client's business, home, and insurance policies to find possible sources of exposure. They can then make use of this information to develop a timeline of the person's asbestos exposure and determine if any additional sources of exposure are present.

The majority of mesothelioma lawsuits are made against distributors, manufacturers, or sellers of asbestos-containing products. They are liable for negligence, strict liability, or product liability. In general, asbestos lawyers will argue that these defendants were negligent because they failed to take reasonable care when producing or selling their products. They will also assert that the defendants did not give adequate warnings about the dangers of their products.

The Discovery Phase

When you submit your lawsuit and the lawyers of the defendants will begin an exchange called discovery. This includes documentation such as corporate and medical records as well as statements under oath in interviews referred to as depositions. Your lawyer will assist you in preparing for a deposition, and will also be present during the process. The best New York mesothelioma lawyers will do their own research to gather evidence that can support your claim, and assist you obtain the highest amount of compensation.

A knowledgeable asbestos lawyer can find any evidence that proves the defendants' inaction or negligence resulted in your condition. Your attorney will examine documents obtained through discovery and search for evidence that suggests whether you were exposed to other products or activities that could have contributed to mesothelioma.

You might think that there is nothing happening when the mesothelioma examination process can take months. Your lawyer will be busy studying the information collected during this phase of the legal process to strengthen your case.

One of the most important aspects of evidence that has helped victims get asbestos settlements is the company's own admissions through the litigation process. Many asbestos companies, for example did not admit that their products caused cancer and breathing problems for years. Their own internal documents were revealed during the lawsuits. They showed that they knew of the dangers associated with asbestos attorney, but did not warn workers and consumers.

Your lawyer will help determine if a settlement out of court is the most appropriate option for your case after analyzing all evidence. The majority of asbestos cases are settled outside of court instead of going to trial. This allows victims to get their money more quickly and reduces the chance of losing in court. An experienced attorney can negotiate the most favorable settlement for you and evaluate any offers made by the defendants.

Settlements

In many civil lawsuits, the amount of compensation is given based on the facts. The type of asbestos-related disease can affect the value of the claim. Mesothelioma is the most serious form of asbestos-related illness, so those who suffer from it or their surviving family members may receive larger settlements than those who have suffered other types of exposure.

A NYC mesothelioma lawyer is able to bring a lawsuit in order to seek damages like medical expenses as well as lost wages, pain and suffering, and loss of companionship. Family members who are survivors can make a wrongful-death lawsuit in the event that a loved one has died of mesothelioma, or another asbestos-related illness.

Compensation in a lawsuit for mesothelioma may be difficult. An attorney can review the work of the victim and their military history to determine where asbestos might have been used. They can determine which companies were responsible for exposure to asbestos. A mesothelioma lawyer can compare a victim's symptoms with similar cases in the past to determine a reasonable settlement amount.

Lawyers typically handle these cases as contingency fee, meaning that they are not paid unless their client receives money. The lawyer will cover all reasonable expenses associated with the case, and they will be reimbursed through the verdict or settlement.

A jury will consider the evidence, and then decide how much a victim should be compensated for their injuries. However, it is possible that defendants want to go to trial instead of settling an agreement. This is especially the case when the asbestos attorneys law firm has experience winning large verdicts in mesothelioma cases.

Asbestos sufferers can also seek compensation through asbestos trust funds, which were established by companies that manufactured and distributed asbestos-related products to cover asbestos-related liabilities. These funds are for those exposed to asbestos in the workplace as well as veterans. However, some of these funds have been depleted to the point that they are no longer able to pay mesothelioma victims full compensation.

Trial

A lawsuit involving asbestos is intended to pay for medical expenses, lost income, and other damages. These awards are usually based on the length of your exposure and the type of asbestos you were exposed to. For example, a victim might have been exposed multiple types of asbestos while working at the power plant or in a shipyard. Thus, a mesothelioma attorney should be aware of every type of asbestos and the ways it can cause various diseases.

In a lawsuit involving asbestos the defendants may have different views on paying compensation to victims. They could also employ different strategies to avoid paying claims. Your lawyer should be able to anticipate these strategies to ensure your case proceeds quickly. For instance, defendants might try 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 thwart these types of tactics and ensure that your case is settled quickly.

After the evidence has been gathered, your mesothelioma attorney will draft a trial strategy and submit it to the court. A successful trial requires thorough preparation and a keen eye for particulars. 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 is applied to your case.

A successful verdict could result in an amount that is substantial for you or loved ones. If the defendants do not appeal the verdict, payments are made within a few weeks after the trial.

Defendants can choose to appeal a decision. However, this may delay any financial award. They may also decide to pay a lower amount or even nothing at all. In 2022, a jury gave $43 million to a woman working at a factory using asbestos fire doors.

The time frame for filing an asbestos lawsuit or claim varies according to the state, however generally speaking, the statute of limitations runs from the moment you are diagnosed with mesothelioma. In addition, the family members of a victim who died may be eligible to make a mesothelioma wrongful-death lawsuit.