How to File an Asbestos Exposure Lawsuit

An asbestos exposure lawsuit can result in a settlement for the victim or loved ones. Each case is unique but there are some common elements.

An attorney will determine where exposure to asbestos occurred and which companies are liable. Many asbestos attorneys producers have filed for bankruptcy and set up up bankruptcy trusts that allow people to make claims.

File a Claim

Every asbestos case is unique however there are some aspects that are common to most claims. In order for a plaintiff to prevail in their case, they must prove that they were exposed to asbestos, they have a mesothelioma or other asbestos-related disease and have suffered injuries as a result of those exposures.

The asbestos lawsuits typically involve either a personal injury or death claim. In a personal injury suit, the person who has mesothelioma files a lawsuit against the companies that manufactured or sold the asbestos-based products they were exposed to at the workplace or during military service. Families who have lost loved one to mesothelioma or another asbestos-related disease, can file wrongful death lawsuits.

The time limit for filing a lawsuit is extremely strict, and you should file your asbestos lawsuit as soon possible. The specific statutes of limitations will vary from state to state and could be as brief as one year. A mesothelioma lawyer can help victims determine if they are qualified to file an asbestos lawsuit, and what the ideal time frame is to file their claim.

A mesothelioma suit seeks financial compensation to pay for medical expenses loss of income, as well as other costs related to the illness. Settlements for mesothelioma sufferers could be hundreds of thousands or more dollars.

Mesothelioma can only be caused by asbestos exposure. The dangers of asbestos were known to major corporations, however they didn't inform their employees or the general public. An asbestos lawyer can examine the history of an individual's employment and military documents to determine the cause of exposure.

An experienced mesothelioma attorney will also look over the client's business, home, and insurance policies to find possible sources of exposure. They can then use this information to develop a timeline of the individual's asbestos exposure and determine if additional sources of exposure exist.

The majority of mesothelioma lawsuits are filed against asbestos-containing products manufacturers distributors, sellers, or manufacturers. These companies can either be sued on the basis of strict liability, negligence, or product liability. In general, asbestos lawyers will assert that the defendants were negligent as they failed to take reasonable care when manufacturing, selling or using their products. They will also argue that the defendants did not adequately warn regarding the risks that come with the products.

The Discovery Phase

When you start your lawsuit and the lawyers of the defendants start an exchange known as discovery. This includes documentation such as corporate and medical records as well as statements under oath during interviews, which are known as depositions. Your lawyer will assist you in preparing for a deposition, and will be present during the proceedings. The best New York mesothelioma lawyers will conduct their own research in order to gather evidence that can support your claim, and assist you receive the maximum amount of compensation.

A skilled asbestos lawyer can discover any evidence that indicates the defendants' inaction or negligence caused your condition. In addition to examining documents uncovered through discovery, your attorney will also look for information that indicates whether you were exposed to other products or activities that could have led to mesothelioma. For instance, smoking.

You might think that nothing is happening while the mesothelioma investigation process takes months. Your lawyer will be analyzing the information gathered during this phase of the legal process in order to help you win your case.

The company's own admissions throughout the litigation process has been an important discovery that has helped asbestos victims obtain settlements. For example, many asbestos companies denied for decades that their asbestos products could cause breathing problems and cancer. However, their internal documents surfaced during the lawsuits, showing that they knew about asbestos' dangers but failed to warn workers and consumers.

After examining all the evidence available in your case Your lawyer will assist you decide if an out of court settlement is a good option. The vast majority of asbestos cases reach settlements instead of going to trial, as this allows victims to receive compensation more quickly and avoid the risk of a loss in the event of a trial. An experienced attorney can negotiate the most favorable settlement on your behalf. They will evaluate any offers made by the defendants to determine if they are fair.

Settlements

In many civil cases the amount of compensation is awarded depends on the facts. For instance, the nature of asbestos-related illness will determine the amount of a claim is worth. Mesothelioma is the most serious form of asbestos-related illness which is why victims or their surviving family members may receive larger settlements than those who suffered other types of exposure.

Lawsuits can be filed through an experienced NYC mesothelioma lawyer firm to seek compensation for medical expenses, lost income, pain and suffering and loss of companionship, among other damages. If someone you love has passed away from mesothelioma, or an asbestos-related disease, the surviving family members can file a wrongful deaths lawsuit.

Compensation in a suit for mesothelioma may be difficult. Lawyers can examine the victim's military or work history to determine the places and times when asbestos was likely employed. Then they can determine which companies are responsible for the exposure to asbestos. A mesothelioma lawyer can compare a victim's symptoms with similar cases in the past to determine a reasonable settlement amount.

Typically, lawyers handle cases on a contingency basis, meaning that they are not paid until they have recovered money for their client. The lawyer is responsible for all reasonable expenses associated with the case, and will be reimbursed from the settlement or verdict award.

A jury will consider the evidence and then decide how much an individual victim is entitled to for their injuries. It is possible that the defendants may want to go to court instead of settlement. This is particularly true in the event that the plaintiff's asbestos law firm has experience winning large verdicts in mesothelioma trials.

Asbestos sufferers may also be eligible to make claims through asbestos trust fund, which was set up by companies who once produced and distributed asbestos-based products in order to pay for asbestos-related liabilities. These funds are set aside for those who were exposed to asbestos lawsuits on the job, including veterans. Some of these funds are depleted and will not be used to offer the full amount to mesothelioma patients.

Trial

The purpose of a lawsuit involving asbestos lawsuits is to obtain compensation for medical expenses as well as loss of income and other damages. The amount of compensation is usually based on the length of your exposure as well as the type of asbestos you were exposed to. For instance, a person may have been exposed to multiple kinds of asbestos while working in the power plant or in the shipyard. A mesothelioma attorney should be knowledgeable about the various kinds of asbestos and their effects on 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 and ensure your case moves forward expeditiously. For instance, defendants may attempt to delay the process by filing frivolous motions that are most likely to be rejected by the judge. Our mesothelioma lawyers are experienced in defying these tactics and ensuring that your case is resolved quickly.

Once the evidence has been gathered, your mesothelioma attorney will prepare a trial plan and submit it to the court. A successful trial requires a lot of preparation and a keen eye for the smallest details. The strategy will be tailored for your situation as the jury's decision will depend on their understanding of the evidence.

A victory could mean a large payout for you or a loved one. If the defendants don't appeal the verdict, you may receive payments within a few months of the trial.

Defendants can decide to appeal a ruling. However, this could delay any award of money. They can also opt to pay a lower amount or even nothing at all. In 2022, a jury awarded $43 million to an employee of a plant that employed asbestos fire doors.

The deadline to file an asbestos lawsuit or claim varies according to the state, however in most cases the statute of limitations runs from the moment you are diagnosed mesothelioma. Additionally, family members of a deceased victim may be able to make a mesothelioma wrongful-death lawsuit.