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 determine if you were exposed to asbestos and the companies responsible. Many asbestos manufacturers have filed for bankruptcy and set up up bankruptcy trusts to allow people to file claims.

File a Claim

Every asbestos case is different however, there are a few elements that are common to most claims. To win their claim, they need to prove that they were exposed to asbestos, have a mesothelioma or other asbestos-related disease and have suffered injuries because of the exposures.

Asbestos lawsuits are usually built around a personal injury claim or wrongful death claim. In a personal injury suit, the person who has mesothelioma files a suit against the companies that produced or sold the 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 loved ones to mesothelioma or an asbestos-related disease.

The time limit for filing a lawsuit is extremely strict and you should start your asbestos lawsuit as soon as possible. State-by-state the statutes of limitation can be as short as a 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 is for filing their claim.

In a mesothelioma lawsuit the plaintiff seeks compensation for medical expenses, lost wages, and other costs associated with the disease. Settlements for mesothelioma sufferers can be in the hundreds of thousands or even more dollars.

Mesothelioma can only be caused by exposure to asbestos. Major companies were aware of the dangers associated with asbestos, but didn't warn employees or the public. An asbestos personal injury lawsuit 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, home and business insurance records to identify potential sources of exposure. They can then make use of this information to develop a timeline of the individual's asbestos exposure and determine if other sources of exposure exist.

The majority of mesothelioma lawsuits are filed against asbestos-containing manufacturers, distributors, or sellers. They can be sued for negligence, strict liability, or product liability. The asbestos lawyers will generally assert that the defendants were negligent for failing to exercise reasonable care when manufacturing, selling, or utilizing their products. They will also argue that the defendants failed to provide adequate warnings of the risks associated with their products.

The Discovery Phase

After you file your lawsuit and the lawyers of the defendants start 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 lawyer will assist you prepare for a deposition and will be present to assist you during the procedure. In fact, the best New York mesothelioma attorneys will conduct their own research during this stage of the litigation process to collect essential evidence that proves your claim and allows you to receive the maximum amount of compensation.

The defendants may attempt to hide any evidence that shows their negligence or inaction has caused your illness however, a seasoned asbestos lawyer will be sure to discover these facts. In addition to reviewing documents obtained through discovery, your lawyer will also search for evidence about whether you were exposed to any other substances or activities that could have led to mesothelioma, such as smoking.

You may feel that nothing is happening, while the mesothelioma investigation process takes months. Your lawyer will be busy studying the information collected during this stage of the legal process in order 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 example, many asbestos companies denied for decades that their asbestos product could cause breathing problems and cancer. But their own internal documents surfaced in the lawsuits, revealing that they knew about asbestos' dangers but did not warn the public or workers.

Your lawyer will help determine if a settlement outside of court is the best solution for your situation after examining all evidence. The vast majority of asbestos cases settle settlements instead of going to trial, as this allows the victims to receive money more quickly and avoid the possibility of losing in the event of a trial. An experienced lawyer can negotiate the most favorable settlement for you and will review any offers from the defendants to determine whether they are fair.

Settlements

In many civil cases the amount of compensation determined by the facts. For instance, the nature of asbestos-related illness can determine the amount a claim is worth. Mesothelioma is the most severe type of asbestos-related disease, so those who suffer from it or Asbestos Lawsuits their surviving family members could receive higher settlements than those who have been exposed to other forms of asbestos.

A NYC mesothelioma lawyer is able to bring a lawsuit asbestos in order to recover damages such as medical expenses and lost wages or income, pain and suffering and loss of companionship. If someone you love has passed away of mesothelioma, or another asbestos-related lawsuit disease, the surviving family members can file a wrongful-death lawsuit.

The compensation for mesothelioma lawsuits can be difficult to estimate. Lawyers can look over a victim's work and military history to determine if and when asbestos may have been employed. They can identify the companies responsible for exposure to asbestos. A mesothelioma lawyer will also compare the mesothelioma victim's symptoms with those of previous cases to come up with an acceptable range of settlement offer.

Lawyers usually take on these cases as contingency fee, meaning that they do not get paid until their client receives money. The attorney will advance all of the reasonable expenses associated with the case and will be reimbursed from the verdict or settlement.

A jury will listen to the evidence, and asbestos lawsuits then decide how much an individual victim is entitled to for their injuries. However, it is possible that the defendants will prefer to go to trial instead of reaching an agreement. This is especially true if the plaintiff's asbestos law firm has had success in obtaining large verdicts in mesothelioma cases.

Asbestos sufferers may also be eligible to make claims through the asbestos trust fund, which was set up by companies who once produced and distributed asbestos-based products to cover asbestos related liabilities. These funds are reserved for those who were exposed to asbestos on the job as well as veterans. However some of these funds have been depleted to the point where they are no longer able to pay mesothelioma sufferers full compensation.

Trial

The purpose of an asbestos lawsuit is to recover compensation for medical expenses as well as loss of income and other damages. These awards are usually dependent on the duration of your exposure and the type of asbestos that you were exposed to. For instance, a victim might have been exposed multiple kinds of asbestos while working in an energy plant or in a shipyard. Thus, a mesothelioma attorney should be familiar with each type of asbestos and how it could cause different diseases.

The defendants in an asbestos lawsuit have diverse views on compensating victims and might resort to a variety of strategies to avoid paying claims. Your lawyer should be able to anticipate these tactics to ensure that your case proceeds quickly. The defendant will often attempt to delay the process by filing frivolous and unfounded motions which are likely to be denied. Our mesothelioma lawyers are experienced and know how to deter these kinds of tactics and ensure that your case gets resolved promptly.

Your mesothelioma lawyer will then develop a trial plan and present it to the court once the evidence is collected. A successful trial requires extensive preparation and a keen eye for the smallest details. The strategy will be tailored to your specific circumstances, as the jury's decision will depend on how they understand the evidence.

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

Defendants can decide to appeal a ruling. However, this could delay any award of money. They can also opt to pay less or no payment. In 2022, the jury gave $43 million to a woman working in a plant that used asbestos fire doors.

The deadline to file an asbestos lawsuit or claim varies by state, however in general, the statute of limitations begins when you are diagnosed with mesothelioma. Family members of a deceased victim might be in a position to bring a mesothelioma-related wrongful death lawsuit.