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 however, there are some elements that are common to all.
A lawyer will be able to determine where you were exposed to asbestos and which companies are responsible. Many of the asbestos manufacturers went bankrupt and established trusts in bankruptcy for people to make claims.
Claim your Benefits
Every asbestos case is different however, there are a few aspects that are common to most claims. To win their claim, they must prove that they were exposed to asbestos, suffer from mesothelioma, or any other asbestos-related diseases and have suffered injuries because of those exposures.
Asbestos lawsuits are usually based on a personal injury claim or wrongful death claim. In a personal injury lawsuit, a person who has mesothelioma files suit against the companies that produced or sold asbestos-based products to whom they were exposed during work or in military service. Families who have lost a loved one to mesothelioma, or another asbestos-related disease, can file wrongful death lawsuits.
The statute of limitations is extremely strict and you should submit your asbestos lawsuit as soon possible. State-by-state, the statutes for limitation could be as short as a year. A mesothelioma lawyer can help a victim determine whether they are eligible to file an asbestos lawsuit and what the ideal timeframe might be for filing their case.
A mesothelioma lawsuit seeks financial compensation to cover medical expenses loss of income, as well as other costs related to the disease. Settlements for mesothelioma victims can reach hundreds of thousands or more.
Exposure to asbestos is the only known mesothelioma-related cause. Major companies knew of the dangers associated with asbestos but didn't warn workers or the public. An asbestos attorney can look over a person's employment history and military service records to determine the source of their exposure.
A mesothelioma lawyer will also examine the client's auto, home and business insurance records to identify possible sources of exposure. They can then make use of this information to develop an outline of the person's asbestos exposure and determine if any other sources of exposure exist.
The majority of mesothelioma lawsuits are filed against manufacturers, distributors or sellers of asbestos-containing products. They can be sued for negligence, strict liability, or product liability. The asbestos lawyers will assert that the defendants were negligent because they did not exercise reasonable care when making, 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 submit your lawsuit, the lawyers of the defendants will begin the process of discovery. This can include documents like medical documents and corporate records but also statements made in interviews under oath, referred to as depositions. Your attorney will help you prepare for a deposition and will be there to assist you during the procedure. In reality, the top New York mesothelioma attorneys will conduct their own research in this phase of the litigation process to collect essential evidence that proves your claim and allows you to obtain the maximum amount of compensation.
Defense attorneys may attempt to conceal any evidence that proves their negligence or inaction has caused your condition However, a knowledgeable asbestos lawyer will be sure to expose the facts. Your lawyer will go through documents obtained through discovery and search for information that indicates whether you were exposed other products or activities which could have contributed to mesothelioma.
You may feel that nothing is happening while the mesothelioma investigation process takes months. Your lawyer will be busy analysing the data gathered during this stage of the legal process in order to help you win your case.
One of the key elements of discovery that has helped victims win asbestos settlements is the company's own admissions during the litigation process. Many asbestos-related companies, for instance have denied that their product caused cancer or breathing problems for a long time. Their internal documents were exposed during the litigation. They showed that they knew of the asbestos dangers, but failed to warn consumers and workers.
After reviewing all the evidence in your case, your lawyer will help you decide if an out-of-court settlement is the best option. The vast majority of asbestos cases settle settlements rather than going to trial, as this allows the victims to receive their money faster and avoid the possibility of losing at trial. An experienced attorney can negotiate the most favorable settlement for you and assess any offers made by the defendants.
Settlements
In a lot of civil cases, the amount of compensation awarded is contingent on the facts of the case. For instance, the type of asbestos-related disease can determine the amount of an claim is worth. Mesothelioma is the most severe form of asbestos-related illness and therefore, victims or their surviving family members can get larger settlements than those who have suffered other types of exposure.
A NYC mesothelioma lawyer is able to file a lawsuit to recover damages such as medical expenses, lost wages, pain and suffering, and loss of companionship. If someone close to you has died from mesothelioma, or an asbestos-related illness, the surviving family members can file a wrongful deaths lawsuit.
The amount of compensation in a mesothelioma lawsuit can be difficult to calculate. A lawyer can examine a victim's work and military history to determine where and when asbestos may have been used. They can determine the companies responsible for asbestos exposure. 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.
Typically, lawyers take on these cases on a contingency basis, meaning that they are not paid until they have recovered funds for their client. The lawyer is responsible for all reasonable expenses associated with the case, and they will be reimbursed through the settlement or verdict award.
A jury will consider the evidence, and decide on how much compensation a victim is entitled to for their injuries. It is possible, however, that defendants would prefer to go to court instead of settling. This is especially true if the plaintiff’s asbestos law firm has secured large settlements in mesothelioma lawsuits.
Asbestos victims may also seek compensation through asbestos trust funds which were created by companies that 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 be used to offer the full amount to mesothelioma patients.
Trial
An asbestos lawsuit is designed to provide compensation for medical expenses, lost income and other damages. Generally, these awards are based on your length of exposure and the type of asbestos you were exposed to. A victim might have been exposed to a variety of asbestos while working in the shipyard, power plant or in other industrial settings. A mesothelioma attorney should be aware of the various kinds of asbestos and their effects on different diseases.
The defendants in an asbestos lawsuit have varying opinions about compensating victims. They may resort to several tactics to avoid paying for claims. Your lawyer should be able to anticipate these tactics to ensure that your case is resolved quickly. The defendant will often try to delay the process by filing frivolous and unfounded motions which are likely to be rejected. Our mesothelioma lawyers are experienced in defying these tactics and making sure that your case is swiftly resolved.
Once the evidence has been gathered, your mesothelioma attorney 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 adapted to suit your particular situation, since the jury's decision will depend on their understanding of the evidence.
A successful verdict can result in a large award for you asbestos lawsuit texas or your loved one. If the defendants don't appeal the verdict, payments are due within a few weeks after the trial.
Defendants can decide to appeal a decision. However, this will delay any monetary award. They can also opt to pay a lesser amount or even nothing at all. In 2022, the jury gave $43 million to a woman employed in a factory that had asbestos fire doors.
The time period for filing an asbestos claim or lawsuit can differ by state. However, in the majority cases, it begins when you are diagnosed with mesothelioma. Families of victims who have passed away may also be able to file a lawsuit for mesothelioma-related wrongful death.