How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure may result in compensation being given to the victim or their loved ones. Each case is different however there are some aspects that are common.
An attorney will determine where exposure to asbestos occurred and the companies that are responsible. Many of the asbestos manufacturers went through bankruptcy and created bankruptcy trusts for people to file claims.
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Each asbestos case is unique however certain elements are common. To win a case the plaintiff must prove that they were exposed to asbestos, have mesothelioma, or another asbestos-related disease, and have suffered any damages.
Asbestos lawsuits are usually built around the basis of a personal injury or wrongful death claim. In a personal injury lawsuit one suffers from mesothelioma files 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 loved one to mesothelioma or any other asbestos-related illness may file wrongful-death lawsuits.
The statute of limitations is extremely strict and you should file your asbestos lawsuit as quickly as possible. The specific statutes of limitations differ from state to state and may be as short as a year. A mesothelioma lawyer can help a victim determine if they are able to bring an asbestos lawsuit and what the best timeline might be for filing their case.
In a mesothelioma case the plaintiff seeks compensation for medical expenses, lost wages, and other expenses incurred by the illness. Settlements for mesothelioma sufferers can be in the hundreds of thousands or more dollars.
Mesothelioma is only caused by asbestos exposure. The dangers of asbestos were well-known to large companies, but they didn't inform their workers or the public. An asbestos attorney can look over a person's employment history and military service records to find the source of their exposure.
An experienced mesothelioma lawyer will also examine the client's home, business and insurance policies to find possible sources of exposure. They can then utilize this information to create a timeline of the individual's asbestos exposure and determine if any other sources of exposure exist.
The majority of mesothelioma lawsuits are made against distributors, manufacturers, or sellers of asbestos-containing products. They can be sued for negligence, strict liability, or product liability. The asbestos lawyers generally argue that the defendants were negligent in not exercising reasonable care while manufacturing, selling, or using their products. They will also claim that the defendants failed to provide adequate warnings of the dangers of their products.
The Discovery Phase
After you file your lawsuit, the lawyers representing the defendants will begin an exchange of information called discovery. This may include documents such as medical records and corporate records, but also statements made in interviews under oath, referred to as depositions. Your lawyer will assist you prepare for a deposition and will be available to assist you during the procedure. In fact, the top New York mesothelioma attorneys will conduct their own research in this phase of the litigation process to collect essential evidence that proves your claim and allows you to get maximum compensation.
The defendants may attempt to hide any evidence that shows their negligence or inaction has caused your condition, but a skilled asbestos lawyer will ensure to discover these facts. In addition to reviewing documents uncovered through discovery, your lawyer will also look for information that indicates whether you were exposed to other products or activities that could have led to mesothelioma. This includes smoking cigarettes.
You may feel that nothing is happening while the mesothelioma research process takes months. However, your lawyer will be hard at work, scouring through the information gathered in this phase of the legal process to help strengthen your case.
The company's own admissions throughout the litigation process have been a key discovery that has helped asbestos victims get settlements. Many asbestos companies, for example did not admit that their product caused cancer and breathing problems for decades. The company's internal documents were exposed in the lawsuits. They showed that they were aware of the dangers associated with asbestos, but did not warn workers and consumers.
After examining all the evidence available in your case the lawyer will help you decide if an out of court settlement is the best option. The majority of asbestos cases are settled out of court rather than going to trial. This allows victims to get their money more quickly and avoids the risk of losing at trial. An experienced lawyer will negotiate the most favorable settlement on your behalf. They will review any offers from the defendants to determine whether they are fair.
Settlements
In a lot of civil cases the amount of compensation awarded will depend on the specific facts of the case. The type of asbestos-related disease can impact the value of the claim. Mesothelioma is the most severe form of asbestos-related illness which is why victims or their surviving family members can get larger settlements than those who have suffered from other forms of exposure.
A NYC mesothelioma lawyer is able to bring a lawsuit in order to seek damages like medical expenses and lost wages or income, pain and suffering and loss of companionship. Family members of the deceased can bring a wrongful death lawsuit in the event that a loved one has died from mesothelioma or another asbestos-related illness.
The amount of compensation in a mesothelioma lawsuit isn't always easy to determine. An attorney can review the work of the victim and their military history to determine where asbestos could have been used. They can then determine the companies responsible for asbestos exposure. A mesothelioma attorney can also compare a victim's symptoms with those of previous cases to determine a fair settlement range.
Typically, lawyers take on cases on a contingency basis, meaning that they are not paid unless they collect funds for their client. Santa Clara asbestos attorneys will finance all of the reasonable case-related expenses, and then they are reimbursed out of the settlement or verdict award.
A jury will consider the evidence and decide on how much the victim is entitled to for their injuries. It is also possible that the defendants will decide to go to trial instead of reaching an agreement. This is especially true in the event that the plaintiff's asbestos law firm has experience winning large verdicts in mesothelioma trials.
Asbestos victims may also seek compensation through asbestos trust funds which were created by companies that once manufactured and distributed asbestos-related products to cover asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos while working and also veterans. Some of these funds are depleted and can not provide full compensation to mesothelioma patients.
Trial
The purpose of a asbestos lawsuit is to recover compensation for your medical expenses or loss of income, as well as other damages. These awards are usually dependent on the duration of your exposure and the type of asbestos you were exposed to. For instance, a person may have been exposed to different types of asbestos while working at the power plant or in an shipyard. A mesothelioma lawyer must be aware of the various types of asbestos and their effects on a variety of diseases.
The defendants in an asbestos lawsuit have varying views on compensating victims and may resort to several tactics to avoid paying claims. Your lawyer will be able anticipate these strategies and ensure that your case moves forward expeditiously. The defendant will often try to delay the process by filing frivolous, unsubstantiated motions that are most likely to be denied. Our mesothelioma lawyers have experience in securing the outcome of these strategies and ensuring that your case gets resolved quickly.
Your mesothelioma lawyer will then create a trial strategy and submit it to court once the evidence is gathered. A successful trial requires careful preparation and attention. The plan will be tailored to your particular situation, as the jury's verdict will be based on their understanding of the evidence and how it is applied to your case.
A successful verdict can result in a significant payout for you or your loved one. If the defendants don't appeal the verdict, you may receive payments within a few months of the trial.
Defendants have the option of appealing the decision, however this will delay any monetary award until the appeal is concluded. They may also decide to pay a lesser amount or none at all. In 2022, a jury handed out $43 million to a woman who worked in a plant that employed asbestos fire doors.
The time frame for filing an asbestos lawsuit or claim differs according to the state, however generally speaking, the statute of limitations starts when you are diagnosed mesothelioma. Families of deceased victims may be able to file an action for mesothelioma-relatedwrongful death.