How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure can result in compensation being paid to the victim or their loved family members. Each case is different however there are some aspects that are common.
A lawyer will determine where you were exposed to asbestos and the companies responsible. Many of the asbestos manufacturers went through bankruptcy and created trusts to help people claim compensation.
Claim your Benefits
Each asbestos case is different however certain elements are common. To win a claim, a plaintiff must show that they were exposed, have mesothelioma or another asbestos-related disease, and have suffered any damages.
The asbestos lawsuits typically involve a personal injury or wrongful death claim. In a personal injury lawsuit, a person suffering from mesothelioma sues the companies who made or sold asbestos-based goods to whom they were exposed while at workplace or during military service. The lawsuits for wrongful death are filed on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related illness.
The statute of limitations is very strict and you should submit your asbestos lawsuit as quickly as possible. The precise statutes of limitation will vary from state to state and can be as brief as one year. A mesothelioma lawyer can assist victims determine if they are qualified to bring an asbestos lawsuit, and also what the most appropriate timeframe is for filing their claim.
In a mesothelioma-related case, the plaintiff seeks compensation for medical expenses, lost wages and other costs associated with the disease. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.
Mesothelioma can only be caused by exposure to asbestos. The dangers of asbestos were well-known to major corporations, however they did not inform their employees or the general public. An asbestos lawyer can review a person’s employment history and military documents to determine the cause of exposure.
A mesothelioma lawyer may review the client's automobile, home and business insurance records to identify potential sources of exposure. They can then make use of this information to develop 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, sellers, or manufacturers. They can be sued on the basis of strict liability, negligence or product liability. The asbestos lawyers generally argue that the defendants were negligent for failing to exercise reasonable care when making, selling, or using their products. They will also argue that the defendants failed to give adequate warnings about the dangers associated with their products.
The Discovery Phase
After you submit your lawsuit, the lawyers of the defendants start an exchange known as discovery. This includes documentation such as corporate and medical records but also statements made under oath in interviews called depositions. Your lawyer will assist you prepare for a deposition and be available to assist you during the process. The most effective New York mesothelioma lawyers will conduct their own research in order to gather evidence that supports your claim and will help you get maximum compensation.
A skilled asbestos lawyer can find any evidence that proves the defendants' inaction or negligence caused your condition. In addition to examining documents received through discovery, your attorney will also search for evidence that indicates whether you were exposed to other products or actions that could have triggered mesothelioma. For instance, smoking.
You may feel that there is nothing happening when the mesothelioma investigation process takes months. 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 discovery that has helped victims get asbestos settlements is the company's own admissions during the litigation process. For instance, many asbestos companies had for years denied that their asbestos products could cause breathing problems and cancer. Their internal documents were exposed during the litigation. They revealed that they knew of the asbestos dangers, but failed to warn consumers and workers.
After reviewing all the evidence in your case the lawyer will help you determine if an out-of-court settlement is a viable option. Most asbestos cases are settled outside of court, rather than going to trial. This lets victims receive their money faster and reduces the chance of losing at trial. An experienced lawyer can negotiate the most favorable settlement for you and evaluate any offers made by the defendants.
Settlements
In many civil cases the amount of compensation that is given based on the facts. For instance, the type of asbestos-related disease can determine the amount an claim is worth. Mesothelioma, the most severe form of asbestos-related disease, could result in a higher settlement for the victim or their surviving family members.
A NYC mesothelioma lawyer is able to bring a lawsuit in order to seek damages like medical expenses and lost wages, pain and suffering, and loss of companionship. If someone close to you has died of mesothelioma, or another asbestos-related illness, the surviving family members can file a wrongful-death lawsuit.
Compensation in a mesothelioma lawsuit can be difficult to calculate. Lawyers can examine the victim's military and work history to see the places and times when asbestos was employed. asbestos cancer lawsuit They can identify which companies were responsible for asbestos exposure. A mesothelioma lawyer may also compare the mesothelioma victim's symptoms with those of other cases to come up with an acceptable range for a settlement offer.
Lawyers usually handle these cases as contingency fee, meaning that they do not get paid unless their client is able to receive money. The lawyer is responsible for all reasonable expenses related to the case, and are reimbursed from the verdict or settlement.
A jury will consider the evidence, and then decide how much the victim should be compensated for their injuries. However, it is possible that the defendants will want to go to trial instead of settling a settlement. This is especially true in the event that the plaintiff's asbestos law firm has gotten significant verdicts in mesothelioma cases.
Asbestos victims might also be able to make claims through asbestos trust fund, which was put by companies that once produced and distributed asbestos products in order to pay for asbestos-related liabilities. These funds are reserved for those who have been exposed to asbestos in the workplace, including veterans. However certain funds have been drained to the point that they are no longer able pay mesothelioma victims full compensation.
Trial
An asbestos lawsuit is designed to provide compensation for medical expenses, lost income and other damages. The amount you receive is typically determined by the duration of your exposure and type of asbestos that you were exposed to. A victim might have been exposed to multiple kinds of asbestos while working in an energy plant, shipyard or other industrial setting. A mesothelioma lawyer should be knowledgeable about the various kinds of asbestos and their effects on various diseases.
The defendants in an asbestos lawsuit have varying attitudes toward compensating victims and may resort to various strategies to avoid paying claims. Your attorney should be able anticipate these tactics to ensure that your case is resolved quickly. The defendant is often attempting to delay the process by filing frivolous and unfounded motions which are likely to be denied. Our mesothelioma lawyers have experience in defying these tactics and making sure that your case is completed quickly.
Your mesothelioma attorney will develop a trial plan and submit it to court once the evidence is taken. A successful trial requires meticulous preparation and a keen eye. The plan will be adapted for your situation as the jury's verdict will be based on their understanding of the evidence.
A victory could mean an enormous amount of money for you or someone you love. If the defendants don't appeal the verdict, you could receive payments within a few months of the trial.
Defendants can decide to appeal a verdict. However, this could delay any monetary award. They can also opt to pay a smaller amount or nothing at all. In 2022 the jury awarded $43 million to an employee of a factory that used asbestos fire doors.
The time period for filing an asbestos claim or lawsuit can differ from state to state. However, in most instances, it starts when you are diagnosed with Mesothelioma. Families of victims who have passed away may also be able to file an action for mesothelioma-relatedwrongful death.