How to File an Asbestos Exposure Lawsuit
An asbestos exposure lawsuit could result in a compensation payout for the victim or loved ones. Each case is unique, however there are some common elements.
An attorney will determine where asbestos exposure occurred and which companies are liable. Many asbestos producers have filed for bankruptcy and set up up bankruptcy trusts to allow people to claim compensation.
File a Claim
Every asbestos case is different, but there are some aspects that are common to all claims. In order for a plaintiff to prevail in their case, they must show that they were exposed to asbestos, suffer from mesothelioma, or any other asbestos-related illness and they 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 suit one suffers from mesothelioma files a lawsuit against the companies who manufactured or sold asbestos-based products they were exposed to at the workplace or during military service. Wrongful death lawsuits are filed on behalf of family members who have lost loved ones to mesothelioma or another asbestos-related illness.
The time limit for filing a lawsuit is extremely strict and you should file your asbestos lawsuit as soon possible. State-by-state the statutes of limitation could be as short as a year. A mesothelioma lawyer can help patients determine if they're qualified to file an asbestos lawsuit and also what the most appropriate time frame is for filing their claim.
A mesothelioma suit seeks financial compensation to pay for medical expenses as well as lost income and other expenses related to the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.
Exposure to asbestos is the only known mesothelioma causing factor. Major companies knew of the risks associated with asbestos but didn't warn workers or the public. An asbestos attorney can review the history of a person's employment and military service records to identify the source of their exposure.
A seasoned mesothelioma lawyer will also examine the client's business, home, and insurance policies to find possible sources of exposure. They can then make use of this information to develop a timeline of the person's asbestos exposure and determine if other sources of exposure exist.
Most mesothelioma lawsuits are filed against asbestos-containing products manufacturers, distributors, or sellers. They can be sued on the basis of strict liability, negligence, or product liability. The asbestos lawyers typically claim that the defendants were negligent in failing to exercise reasonable care in making, selling, or utilizing their products. They will also assert that the defendants failed to provide proper warnings of the risks associated with their products.
The Discovery Phase
After filing your lawsuit attorneys representing the defendants will initiate an exchange of information called 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 prepare for a deposition and be available to assist you during the procedure. The best New York mesothelioma lawyers will do their own research to gather evidence that can support your claim, and help you get maximum compensation.
Defendants may try to bury any evidence that proves their negligence or inaction led to the illness However, a knowledgeable asbestos lawyer will make sure to uncover the facts. Your attorney will review documents obtained through discovery and look for information that indicates whether you were exposed to other substances or activities that could have led to mesothelioma.
The mesothelioma process can take months and you'll likely feel like there is nothing happening during this time. Your lawyer will be busy studying the information collected during this phase of the legal process to help you win your case.
One of the key elements of discovery that has helped victims obtain asbestos settlements is the company's own admissions during the litigation process. Bolingbrook asbestos lawsuit -related companies, for instance have denied that their product caused cancer or breathing problems for a long time. Their own internal documents were exposed in the lawsuits. They proved that they were aware of dangers associated with asbestos, but failed to warn workers and consumers.
After reviewing all the evidence in your case, your lawyer will help 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 because this allows victims to receive compensation quicker and reduce the possibility of losing at trial. An experienced lawyer can negotiate the best settlement for you and assess any offers made by the defendants.
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 of an claim is worth. Mesothelioma is the most severe form of asbestos-related illness, so those who suffer from it or their surviving family members could receive higher settlements than those who suffered other types of exposure.
A NYC mesothelioma lawyer is able to bring a lawsuit in order to recover damages such as medical expenses, lost wages or income, pain and suffering and loss of companionship. If someone close to you has died from mesothelioma, or an asbestos-related disease, the surviving family members can file a wrongful-death lawsuit.
The amount of compensation in a mesothelioma lawsuit can be difficult to estimate. An attorney can review the work of a victim as well as military history to determine where asbestos could have been employed. Then, they can determine which companies are responsible for the exposure to asbestos. A mesothelioma lawyer will also evaluate the mesothelioma sufferer's symptoms to those of past cases to arrive at an acceptable range of settlement offer.
Lawyers typically handle these cases as contingency fees, meaning that they don't get paid unless their client is able to receive money. The attorney will pay for all reasonable expenses related to the case, and they will be reimbursed through the settlement or verdict.
A jury will hear the evidence, and then decide how much the victim is entitled to for their injuries. It is also possible that the defendants will want to go to trial instead of agreeing to an agreement. This is especially true if the plaintiff’s asbestos law firm has won large verdicts in mesothelioma cases.
Asbestos sufferers can also seek compensation through asbestos trust funds, which were established by companies that produced and distributed asbestos-related products to cover asbestos-related liabilities. These funds are reserved for those who have been exposed to asbestos at work and also veterans. However, some of these funds have been drained to the point that they are no longer able to provide mesothelioma patients with full compensation.
Trial
An asbestos lawsuit is designed to compensate you for medical expenses, lost income, and other damages. The amount of compensation is usually based on the length of your exposure and type of asbestos you were exposed to. A victim might have been exposed to multiple kinds of asbestos while working in the shipyard, power plant or other industrial setting. A mesothelioma lawyer should be aware of the various kinds of asbestos and their effects on a variety of diseases.
In a lawsuit involving asbestos the defendants could have different opinions about paying compensation to victims. They could also employ different strategies to avoid paying out claims. Your lawyer must be able to recognize these tactics and ensure that your case is handled swiftly. The defendant will often attempt to delay the process by filing frivolous, unsubstantiated motions that are likely to be rejected. Our mesothelioma lawyers are experienced and are able to stop these kinds of tactics and ensure that your case is resolved quickly.
Once the evidence is taken into consideration, your mesothelioma lawyer will prepare a trial plan and present it to the court. A successful trial requires careful preparation and a keen eye. The plan will be tailored to suit your particular situation, since the jury's decision will depend on how they understand the evidence.
A successful verdict could mean an enormous amount of money for you or someone you love. If the defendants don't appeal the verdict, you can receive payments within a few months following the trial.
Defendants can choose to appeal a decision. However, this could delay any award of money. They can also decide to pay less or no payment. In 2022, a jury awarded $43,000,000 to a woman working at a factory using asbestos fire doors.
The deadline to file an asbestos lawsuit or claim varies by state, however in most cases the statute of limitations starts from the moment you are diagnosed mesothelioma. Families of victims who have passed away may also be able file an action against mesothelioma for wrongful death.