How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure can result in compensation being paid to the victim or their loved ones. Each case is unique, however there are some common elements.
A lawyer will determine if you were exposed to asbestos and which companies are accountable. Many asbestos producers went bankrupt and established trusts to help people make claims.
File a Claim
Each asbestos case is different however, certain elements are common. For a plaintiff to win their claim, they need to prove that they were exposed to asbestos, suffer from mesothelioma or another asbestos-related disease and have suffered damage because of those exposures.
Asbestos lawsuits usually are founded on the basis of a personal injury or wrongful death claim. In a personal injury lawsuit, the person who has mesothelioma files suit against the companies that manufactured or sold the asbestos-based products they were exposed to in 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 illness.
It is essential to file an asbestos lawsuit as quickly as possible because there are strict statutes of limitations in place. State-by-state, the statutes of limitation can be as short as a year. An attorney for mesothelioma can help a victim determine whether they are eligible to make an asbestos lawsuit, and what the best timeline could be for filing their case.
In a mesothelioma-related case, the plaintiff seeks compensation for medical expenses, lost wages, and other expenses associated with the illness. Settlements for mesothelioma patients can be in the hundreds of thousands or even more dollars.
Asbestos exposure is the only known mesothelioma causing factor. Major companies were aware of the risks associated with asbestos, but didn't warn employees or the public. An asbestos attorney can look over the person's work history and military service records to determine the source of their exposure.
A mesothelioma lawyer will review the client's automobile, home and business insurance records to determine potential sources of exposure. This information can be used to create an asbestos exposure timeline for the individual and determine if there are any additional sources.
The majority of mesothelioma lawsuits are made against sellers, distributors, or manufacturers of asbestos-containing products. These companies can either be sued on the basis of strict liability, negligence, or product liability. Generally, the asbestos lawyers will claim that the defendants were negligent because they did not exercise reasonable care when manufacturing, selling or using their products. They will also claim that the defendants did not adequately warn regarding the dangers associated with the products.
The Discovery Phase
After you start your lawsuit and the lawyers of the defendants will begin the process of discovery. This includes documents such as corporate and medical records but also statements made under oath in interviews referred to as depositions. Your attorney will assist in preparation for a deposition and will be present during the deposition. In reality, the top New York mesothelioma attorneys will conduct their own research in this phase of the litigation to gather crucial evidence that supports your claim and helps you receive the maximum amount of compensation.
An experienced asbestos lawyer will uncover any evidence that shows the defendants' inaction or negligence led to your illness. Your attorney will examine documents obtained through discovery and look for information that indicates whether you were exposed other substances or activities that could have caused mesothelioma.
The process of identifying mesothelioma can take a long time, and you will likely feel like nothing is happening during this time. However, your lawyer will be at work, scouring through the evidence gathered during this part of the legal process in order to improve your case.
The company's own admissions during the litigation process was a key discovery that has helped asbestos victims obtain settlements. For instance, a lot of asbestos companies had for years denied that their product could cause breathing issues and cancer. However, their internal documents were released in the lawsuits, revealing that they knew about the dangers of asbestos but did not warn consumers and workers.
After reviewing all the evidence available in your case Your lawyer will assist you decide if an out of court settlement is a viable option. The majority of asbestos cases settle settlements instead of going to trial, as this allows the victims to receive money quicker and reduce the risk of a loss in the event of a trial. An experienced attorney will negotiate the most favorable settlement for you and can assess any offers from the defendants to determine whether they are fair.
Settlements
In a lot of civil cases the amount of compensation awarded is contingent on the case facts. For instance, the nature of asbestos-related illness can determine how much a claim is worth. Mesothelioma is the most severe form of asbestos-related disease, could result in a higher settlement for victims or their surviving family members.
A NYC mesothelioma lawyer can file a lawsuit to recover damages, such as medical expenses and lost wages, pain and suffering, and loss of companionship. If a loved one has died of mesothelioma, or another asbestos-related illness, the surviving family members can file a wrongful deaths lawsuit.
Compensation in a suit for mesothelioma isn't easy. Lawyers can look over the work of the victim and their military history to determine if asbestos might have been used. They can determine the companies responsible for exposure to asbestos. A mesothelioma lawyer will also compare the mesothelioma patient's symptoms with those of other 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 unless they recover money for their client. The lawyer is responsible for all reasonable expenses associated with the case, and will be reimbursed through the settlement or verdict.
A jury will consider the evidence and decide how much compensation a victim is entitled to for their injuries. It is possible that defendants might want to go to court instead of settlement. This is especially the case if the plaintiff's asbestos law firm has had success in obtaining large verdicts in mesothelioma trials.
Asbestos victims can also pursue claims through asbestos trust funds, which were established by companies that once manufactured and distributed asbestos-related products to cover asbestos-related liabilities. These funds are set aside for those who were exposed to asbestos while working as well as veterans. Some of these funds are depleted and they can not be used to provide full compensation to mesothelioma patients.
Trial
The purpose of a lawsuit involving asbestos is to obtain compensation for your medical expenses, loss of income and other damages. These awards are usually determined by the duration of your exposure and type of asbestos that you were exposed to. For instance, a victim might have been exposed to various kinds of asbestos while working in the power plant or in the shipyard. Therefore, a mesothelioma lawyer should be aware of the different types of asbestos and the ways it can cause various illnesses.
The defendants in an asbestos lawsuit have diverse views on compensating victims and may resort to various strategies to avoid paying claims. Your attorney should be able anticipate these strategies to ensure your case will be 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 in securing the outcome of these strategies and ensuring that your case is completed quickly.
Your mesothelioma attorney will prepare a trial strategy and present it to the court after the evidence has been gathered. Long Beach asbestos lawsuit requires a lot of preparation and a keen eye for the smallest details. The strategy will be tailored to your specific situation because the jury's decision will depend on their understanding of the evidence and how it applies to your case.
A victory could mean an enormous amount of money for you or loved ones. If the defendants do not appeal the verdict, you could receive payments within a few months after the trial.
Defendants may choose to appeal the verdict, but this will delay any financial award until the appeal is completed. They may also choose to pay a smaller amount or none at all. In 2022 the jury gave $43 million to a woman who worked at a factory that used asbestos fire doors.
The time limit for filing an asbestos lawsuit or claim can differ by state. However, in most instances, it starts when you are diagnosed with Mesothelioma. Additionally, family members of a deceased victim might be eligible to file a mesothelioma wrongful death lawsuit.