How to File an Asbestos Exposure Lawsuit

A lawsuit involving asbestos exposure could result in compensation being given to the victim or their loved ones. Each case is different however there are some elements that are common.

A lawyer will be able to determine where you were exposed to asbestos and which companies are responsible. Many asbestos producers have gone bankrupt and set trusts for bankruptcy that allow people to claim compensation.

Claim your Benefits

Every asbestos case is different however there are some aspects that are common to most claims. To win a claim, a plaintiff must prove that they were exposed, have mesothelioma, or another asbestos-related disease, and have suffered any damages.

Asbestos lawsuits typically are founded on a personal injury claim or wrongful death claim. In a personal injury lawsuit one suffers from mesothelioma files a lawsuit against the companies who manufactured or sold asbestos-based products they were exposed to at the workplace or during military service. In wrongful death lawsuits, the plaintiffs file on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related illness.

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

A mesothelioma lawsuit seeks financial compensation to pay for medical expenses, lost income and other costs associated with the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.

Mesothelioma can only be caused by asbestos exposure. The risks of asbestos were known to major corporations, however they did not inform their workers or the public. An asbestos attorney can review the history of a person's employment and military service records to determine the source of their exposure.

An experienced mesothelioma lawyer will also look over the client's home, business and auto insurance records to determine possible sources of exposure. This information can be used to construct an asbestos exposure timeline for the person and determine if there are any additional sources.

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. The asbestos lawyers will generally assert that the defendants were negligent for not exercising reasonable care in making, selling, or utilizing their products. They will also claim that the defendants did not give adequate warnings about the risks associated with their products.

The Discovery Phase

After you file your lawsuit, the lawyers for the defendants will start an exchange of information known as discovery. This includes documents such as medical and corporate records, as well as statements under oath in interviews referred to as depositions. Your attorney will assist you prepare for a deposition and be available to assist you during the process. The top New York mesothelioma lawyers will conduct their own research in order to gather evidence that can support your claim and will help you obtain the highest amount of compensation.

An experienced asbestos lawyer will uncover any evidence that shows the defendants' negligence or inaction led to your illness. In addition to reviewing documents obtained through discovery, your lawyer will also seek out information indicating whether you were exposed to any other substances or actions that could have triggered mesothelioma. This includes smoking.

The process of identifying mesothelioma can take months, and you will likely feel like there is nothing happening during the period. Your lawyer will be analyzing the information gathered during this stage of the legal process in order to strengthen your case.

The company's own admissions in the litigation process was a key discovery that has helped asbestos victims obtain settlements. For example, many asbestos companies have denied for years that their product could cause breathing issues and cancer. Their internal documents were uncovered during the litigation. They showed that they were aware of hazards associated with asbestos 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 vast majority of asbestos attorney cases reach settlements rather than going to trial, as this allows victims to receive compensation more quickly and avoid the possibility of losing in the event of a trial. An experienced lawyer will negotiate the most favorable settlement on your behalf and will review any offers from the defendants to determine if they are fair.

Settlements

In many civil cases the amount of compensation that is awarded depends on the facts. The type of asbestos-related disease can impact the value of a claim. Mesothelioma, the most severe type of asbestos-related disease, could result in a larger settlement for the victims or their surviving family members.

Lawsuits can be filed with an experienced NYC mesothelioma law firm in order to recover damages for medical expenses as well as lost income, suffering and suffering, loss of companionship and other damages. Family members of the deceased can file a wrongful death lawsuit in the event that a loved one has died from mesothelioma or another asbestos-related disease.

Compensation in a suit for mesothelioma isn't easy. An attorney can look over the victim's military or work history to determine where and when asbestos was most likely to be employed. Then they can determine which companies are responsible for the asbestos exposure. A mesothelioma attorney can also examine the symptoms of a victim against similar cases in the past to determine a reasonable settlement range.

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

A jury will hear the evidence and then decide how much a victim should be compensated for their injuries. It is possible that defendants might want to go to court instead of settlement. This is especially true when the plaintiff's asbestos law firm has won large verdicts in mesothelioma cases.

Asbestos victims might also be eligible to make claims through the asbestos attorneys trust fund, which was set by companies that produced and distributed asbestos attorneys-based products to cover asbestos related liabilities. These funds are reserved for those who were exposed to asbestos in the workplace, including veterans. Some of these funds are depleted and can no longer pay the full amount of compensation to mesothelioma sufferers.

Trial

The purpose of a asbestos lawsuit is to obtain compensation for medical expenses or loss of income, as well as other damages. These awards are usually based on the length of your exposure and the type of asbestos you were exposed to. For instance, a victim may have been exposed to different types of asbestos while working in a power plant or at the shipyard. A mesothelioma lawyer must be familiar with the different types of asbestos and their effects on a variety of diseases.

In an asbestos lawsuit, the defendants may have different opinions about paying compensation to victims. They may also use various strategies to avoid paying claims. Your lawyer should be able to anticipate these tactics and ensure your case is handled swiftly. For example, defendants will attempt to delay the process by filing frivolous motions that are likely to be rejected by the judge. Our experienced mesothelioma attorneys know how to thwart these types of tactics and ensure that your case is settled promptly.

Your mesothelioma lawyer will then prepare a trial strategy and submit it to court once the evidence is collected. A successful trial requires careful preparation and a keen eye. The strategy will be tailored to your specific circumstances, as the jury's decision is contingent on how they understand the evidence.

A successful verdict could result in a substantial payout for you or your loved one. If the defendants aren't able to appeal the verdict, then payments are made within a few weeks of the trial.

Defendants have the option of appealing the verdict, but this will delay any financial award until the appeal is complete. They can also opt to pay a lesser amount or none at all. In 2022, the jury gave $43 million to a woman working at a factory using asbestos fire doors.

The statute of limitations for filing an asbestos lawsuit or claim can differ from state to state. However, in the majority cases, it begins when you are diagnosed with mesothelioma. Families of victims who have passed away may be able to file a lawsuit for mesothelioma-related wrongful death.