How to File an Asbestos Exposure Lawsuit

A lawsuit involving asbestos exposure could result in compensation being paid to the victim or their loved ones. Each case is unique, but there are certain aspects that are common.

A lawyer will determine where you were exposed to asbestos and which companies are responsible. Many of the asbestos manufacturers went bankrupt and set up trusts to help people file claims.

File a Claim

Each asbestos case is different, but some elements are common. In order for a plaintiff to prevail in their claim, they need to show that they were exposed to asbestos, suffer from mesothelioma or another asbestos-related illness and they have suffered injuries because of those exposures.

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

It is important to start an asbestos lawsuit as quickly as you can, since there are strict statutes of limitations in place. State-by-state the statutes of limitation can be as short as one year. A mesothelioma lawyer can help victims determine if they are qualified to bring an asbestos lawsuit and also what the most appropriate time frame for filing their case.

In a mesothelioma lawsuit the plaintiff seeks compensation for medical expenses, lost wages, and other expenses incurred by the disease. Settlements for mesothelioma victims could be hundreds of thousands or more.

Asbestos exposure is the only known mesothelioma causing factor. The dangers of asbestos were well-known to major companies, but they didn't inform their workers or the public. An asbestos lawyer can examine the person's employment history and military documents to determine the cause of exposure.

A mesothelioma lawyer may also examine the client's auto business, home and insurance records to determine possible sources of exposure. They can then utilize this information to create a timeline of the individual's asbestos exposure and determine if any additional sources of exposure are present.

The majority of mesothelioma claims are made against sellers, distributors, or manufacturers of asbestos-containing products. They can be sued for negligence, strict liability or product liability. Generally, the asbestos lawyers will claim that these defendants were negligent because they failed to take reasonable care when manufacturing selling, selling or utilizing their products. They will also claim that the defendants did not provide adequate warnings regarding the risks that come with the products.

The Discovery Phase

When you submit your lawsuit and the lawyers of the defendants start an exchange known as discovery. This could include documents like medical records and corporate records, but also statements made during interviews under oath, referred to as depositions. Your lawyer will assist you in preparing for a deposition, and will be present during the deposition. In fact, the top New York mesothelioma attorneys will conduct their own research during this phase of the lawsuit to gather important evidence that supports your claim and helps you receive the maximum amount of compensation.

An experienced asbestos lawyer will find any evidence that proves the defendants' inaction or negligence resulted in your condition. Your attorney will examine documents obtained through discovery and look for evidence that shows whether you were exposed to other substances or activities that could have led to mesothelioma.

You may feel that nothing is happening, while the mesothelioma investigation process takes months. Your lawyer will be analysing the data gathered during this phase of the legal process to help you win your case.

The company's own admissions in the litigation process have been an important finding which has helped asbestos victims win settlements. Many asbestos companies, like did not admit that their product caused cancer and breathing problems for decades. Their own internal documents were uncovered in the lawsuits. They revealed that they were aware of asbestos dangers, but failed to warn workers and consumers.

Your lawyer will help determine if a settlement outside of court is the most appropriate option for your case after analyzing all evidence. The majority of asbestos lawsuit after death cases settle settlements instead of going to trial, because this allows the victims to receive their money quicker and reduce the risk of a loss in the event of a trial. An experienced lawyer can negotiate the best settlement for you, and also evaluate any offers made by defendants.

Settlements

In a lot of civil cases, the amount of compensation awarded is contingent on the specific facts of the case. For example, the type of asbestos-related illness can determine the amount a claim is worth. Mesothelioma, the most severe type of asbestos-related disease, may result in a bigger settlement for the victims or their surviving family members.

Lawsuits can be filed through an experienced NYC mesothelioma law firm in order to recover damages for medical expenses loss of income, pain and suffering and loss of companionship, among other damages. If someone close to you has died from mesothelioma, or an asbestos-related disease, the remaining family members can file a wrongful-death lawsuit.

The compensation for mesothelioma lawsuits can be difficult to estimate. An attorney can look over the victim's military or work history to see where and when asbestos was used. Then, they can determine the companies responsible for the exposure to asbestos. A mesothelioma attorney can also compare a victim's symptoms with the symptoms of cases before to determine a fair settlement range.

Lawyers usually take on these cases as contingency fee, meaning that they don't get paid unless their client is able to receive money. The lawyer will pay for all of the reasonable costs associated with the case, and then they are paid out of the verdict or settlement.

A jury will consider the evidence, and then decide how much compensation a victim is entitled to for Asbestos lawsuits their injuries. However, it is possible that defendants decide to go to trial instead of reaching an agreement. This is particularly true if the plaintiff’s asbestos exposure lawsuit settlements law firm has secured large settlements in mesothelioma lawsuits.

Asbestos sufferers may also be eligible to make claims through asbestos trust fund, which was put up by companies who once produced and distributed asbestos products to pay for asbestos related liabilities. These funds are for those who have been exposed to asbestos in the workplace as well as veterans. Some of these funds are depleted and they can not offer the full amount 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. The amount you receive is typically based on the length of your exposure and the type of asbestos that you were exposed to. A victim may have been exposed multiple types of asbestos lawsuit lawyers in an energy plant, shipyard or other industrial setting. A mesothelioma attorney should be familiar with the different types of asbestos and their effects on various diseases.

The defendants in an asbestos lawsuit asbestos have varying attitudes toward compensating victims and may resort to several tactics to avoid paying claims. Your lawyer must be able anticipate these tactics to ensure that your case is resolved quickly. For instance, defendants may attempt to delay the process by filing frivolous motions that are likely to be rejected by the judge. Our mesothelioma lawyers are experienced and know how to deter these types of tactics and ensure that your case gets resolved quickly.

Once 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 detail. 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 relates to your case.

A successful verdict could result in 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 of the trial.

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

The deadline to file an asbestos lawsuit or claim varies by state, but in general, the statute of limitations runs from the moment you are diagnosed with mesothelioma. Families of deceased victims could be able to file a lawsuit for mesothelioma-related wrongful death.