How to File an Asbestos Exposure Lawsuit

A lawsuit involving asbestos exposure could 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 have gone bankrupt and set trusts in bankruptcy that allow people to make claims.

Claim your Benefits

Each 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, they suffer from mesothelioma, or any other asbestos-related diseases and have suffered damage as a result of those exposures.

The asbestos lawsuits typically include a personal injury or wrongful death claim. In a personal injury lawsuit, a person who has mesothelioma sues companies that produced or sold asbestos-based products to whom they were exposed while at work or in military service. Families who have lost a loved one to mesothelioma, or another asbestos-related illness may file wrongful-death lawsuits.

It is crucial to submit an asbestos lawsuit as soon as possible because there are strict statutes of limitations in place. State-by-state, the statutes for limitation could be as little as one year. A mesothelioma attorney can assist a victim to determine if they are able to file an asbestos lawsuit and what the ideal timeframe could be for filing their case.

In a mesothelioma-related case, the plaintiff seeks compensation for medical expenses, lost wages, and other costs associated with the disease. Settlements for mesothelioma sufferers could be hundreds of thousands or even more.

Asbestos exposure is the only known mesothelioma-related cause. Major companies were aware of the risks associated with asbestos, but didn't warn workers or the public. An asbestos attorney can review a person's employment history and military service records to find the source of their exposure.

A mesothelioma lawyer may review the client's automobile, home and business insurance records to determine potential 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 exist.

The majority of mesothelioma lawsuits are filed against asbestos-containing manufacturers, distributors, or sellers. They are liable for negligence, strict liability, or product liability. Generally, the asbestos lawyers will assert that these defendants were negligent as they failed to take reasonable care when making or selling their products. They will also argue the defendants did not provide adequate warnings regarding the risks that come with the products.

The Discovery Phase

When you file your lawsuit and the lawyers of the defendants will begin an exchange known as discovery. This may include documents such as medical records and corporate records, but also statements made in interviews under oath, called depositions. Your attorney will assist in the preparation of a deposition and will also be present during the proceedings. The best New York mesothelioma lawyers will conduct their own research in order to find evidence that supports your claim, and help you obtain the highest amount of compensation.

A knowledgeable asbestos lawyer can uncover any evidence that shows the defendants' inaction or negligence led to your illness. Your lawyer will go through documents obtained through discovery and look for evidence that shows whether you were exposed other products or activities that could have led to mesothelioma.

The process of identifying mesothelioma can take a long time, and you may feel like nothing is happening during this period. However your lawyer will be hard at work analyzing the evidence gathered during this phase of the legal process to help strengthen your case.

One of the most important aspects of evidence that has helped victims obtain asbestos settlements is the company's own admissions during the litigation process. Many asbestos companies, like did not admit that their product caused cancer or breathing problems for years. But their own internal documents came out during the lawsuits, showing that they knew about asbestos attorneys's dangers, but did not inform workers and consumers.

Your lawyer will help you determine if a settlement out of court is the best option for your case after analyzing all evidence. The majority of asbestos cases are settled out of court, rather than going to trial. This allows victims to get their money quicker and avoids the risk of losing in court. An experienced lawyer can negotiate the most favorable settlement for you and can assess any offers from the defendants to determine if they are fair.

Settlements

In many civil cases the amount of compensation awarded is contingent on the case facts. For example, the type of asbestos-related illness can determine the amount an claim is worth. Mesothelioma is the most serious type of asbestos illness which is why those who suffer from it or their surviving family members could receive higher settlements than those who suffered from other forms of exposure.

Lawsuits can be filed with an experienced NYC mesothelioma lawyer firm to seek compensation for medical expenses loss of income and pain and suffering and loss of companionship, among other damages. Surviving family members can also bring a wrongful death lawsuit when their loved ones passed away from mesothelioma or an asbestos-related disease.

Compensation in a mesothelioma lawsuit isn't always easy to determine. A lawyer can examine a victim's work and military history to determine if and when asbestos may have been used. Then, they can determine which companies are responsible for the asbestos exposure. A mesothelioma lawyer may also compare the mesothelioma patient's symptoms with those of previous cases in order to come up with an acceptable range for a settlement offer.

Typically, lawyers work on these cases on a contingency basis, meaning that they do not get paid unless they collect money for their client. The lawyer will pay for all of the reasonable costs associated with the case, and then they are paid out of the settlement or verdict award.

A jury will listen to the evidence, and then decide on how much the victim is entitled to for their injuries. It is also possible that defendants want to go to trial instead of settling an agreement. This is especially the case if the plaintiff’s asbestos law firm has secured large settlements in mesothelioma lawsuits.

Asbestos victims can also pursue claims through asbestos trust funds, which were established by companies that produced and distributed asbestos products to cover asbestos-related liabilities. These funds are for those who have been exposed to asbestos in the workplace, including veterans. However certain funds have been drained to the point where they are no longer able to pay mesothelioma victims full compensation.

Trial

The aim of a lawsuit involving asbestos is to recover compensation for your medical expenses, loss of income and other damages. In general, the amount you receive is based on the length of your exposure and the type of asbestos you were exposed to. A victim might have been exposed to a variety of asbestos when working in the shipyard, power plant or in other industrial settings. So, a mesothelioma lawyer should be familiar with the different types of asbestos and how it could cause different diseases.

The defendants in an asbestos lawsuit have varying views on compensating victims and might resort to a variety of strategies to avoid paying for claims. Your attorney should be able anticipate these strategies to ensure that your case is resolved quickly. The defendant will often try to delay the process by filing frivolous, unsubstantiated motions that are likely to be rejected. Our experienced mesothelioma attorneys know how to deter these tactics and ensure that your case gets resolved quickly.

Your mesothelioma attorney will develop a trial plan and submit it to court after the evidence has been taken. A successful trial requires careful preparation and a keen eye. The plan will be adapted to your specific situation since the jury's verdict will depend on their understanding of the evidence and how it applies to your case.

A victory could mean an amount that is substantial for you or someone you love. If the defendants do not appeal the verdict, you can receive payments within a few months following the trial.

Defendants can choose to appeal a decision. However, this may delay any monetary award. They may also choose to pay a smaller amount or nothing at all. In 2022, a jury awarded $43 million to a woman who worked at a factory that used asbestos fire doors.

The time limit for filing an asbestos claim or lawsuit may differ by state. However, in the majority of cases it begins when you are diagnosed with mesothelioma. Families of deceased victims could also be able to file an action against mesothelioma for wrongful death.