How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure could result in compensation being paid to the victim or their loved ones. Each case is different, but there are some common elements.
An attorney will determine where exposure to asbestos occurred and which companies are responsible. Many asbestos producers have filed for bankruptcy and set up trusts in bankruptcy to allow people to claim compensation.
File a Claim
Each asbestos case is unique however there are some elements that are common to most claims. For a plaintiff to win their claim, they must prove that they were exposed to asbestos, suffer from mesothelioma, or any other asbestos-related disease and have suffered damage as a result of those exposures.
The asbestos lawsuits typically involve either a personal injury or death claim. In a personal injury lawsuit, a person who has mesothelioma sues the companies who produced or sold asbestos-based products to which they were exposed at workplace or during military service. In wrongful death lawsuits, the plaintiffs file on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related illness.
It is crucial to start an asbestos lawsuit as quickly as you can because there are strict statutes of limitations in place. The precise statutes of limitation will vary from state to state and could be as short as one year. A mesothelioma lawyer can assist victims determine if they are qualified to bring an asbestos lawsuit and what the best time frame for filing their case.
In a mesothelioma lawsuit the plaintiff seeks to recover compensation for medical expenses, lost wages and other expenses incurred by the illness. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements.
Exposure to asbestos is the sole known cause of mesothelioma. The dangers of asbestos were known to major companies, but they did not inform their employees or the general public. An asbestos lawyer can look over a person’s employment history and military documents to determine the cause of exposure.
A mesothelioma lawyer will also review the client’s auto home, business and auto insurance records to find 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 any additional sources of exposure are present.
The majority of mesothelioma lawsuits are made against distributors, manufacturers, or sellers of asbestos-containing products. These companies can either be sued on the grounds of strict liability, negligence or product liability. The asbestos lawyers generally claim that the defendants were negligent in failing to exercise reasonable care while making, selling or utilizing their products. They will also argue the defendants did not adequately warn about the risks associated with their products.
The Discovery Phase
After you file your lawsuit and the lawyers of the defendants begin the process of discovery. This may include documents like medical documents and corporate records but also statements made in interviews under oath. These are known as depositions. Your attorney will assist you in the preparation of a deposition and will be present during the process. In fact, the top New York mesothelioma attorneys will conduct their own research in this phase of the litigation to gather essential evidence that proves your claim and assists you to obtain the maximum amount of compensation.
A knowledgeable asbestos lawyer can discover any evidence that indicates the defendants' negligence or inaction led to your illness. Your lawyer will go through documents obtained through discovery and search for evidence that suggests whether you were exposed other products or activities that could have led to mesothelioma.
It is possible to feel like nothing is happening, while the mesothelioma examination process can take months. Your lawyer will be studying the information collected during this stage of the legal process in order to improve your case.
A key piece of evidence that has helped victims get asbestos settlements is the company's own admissions during the litigation process. For instance, a lot of asbestos companies had for years denied that their asbestos product could cause breathing problems and cancer. Their own internal documents were exposed during the lawsuits. They proved that they knew of the dangers associated with asbestos, however, they failed to warn consumers and workers.
Your lawyer will assist you determine if a settlement out of court is the best solution for your situation after examining all evidence. The majority of asbestos cases reach settlements rather than going to trial, as this allows the victims to receive money faster and avoid the possibility of losing in the event of a trial. An experienced attorney can negotiate the best settlement for you and evaluate any offers made by the defendants.
Settlements
In a lot of civil cases the amount of compensation awarded depends on the case facts. The type of asbestos-related disease will affect the value of the claim. Mesothelioma is the most severe form of asbestos-related illness and therefore, those who suffer from it or their surviving family members may receive larger settlements than those who been exposed to other forms of asbestos.
Lawsuits can be filed with an experienced NYC mesothelioma lawyer firm to get compensation for medical expenses loss of income and pain and suffering, loss of companionship and other damages. Surviving family members can also file a wrongful death lawsuit if their loved one died of mesothelioma, or another asbestos-related illness.
The compensation in a lawsuit involving mesothelioma isn't easy. A lawyer can examine the work of a victim as well as military history to determine where asbestos might have been employed. They can identify the companies responsible for asbestos exposure. A mesothelioma attorney can also analyze the symptoms of a patient against similar cases in the past to determine a fair settlement amount.
Lawyers typically handle these cases as contingency fees, which means that they do not get paid unless their client is able to receive money. The attorney will pay for any reasonable expenses incurred in the case, and they will be reimbursed through the settlement or verdict award.
A jury will hear the evidence and decide on the amount the victim should be compensated for their injuries. It is possible that defendants might want to go to court instead of settlement. This is especially true when the plaintiff's asbestos law firm has secured significant verdicts in mesothelioma cases.
Asbestos victims 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 to pay for asbestos related liabilities. These funds are reserved for those who were exposed to asbestos on the job and also veterans. However some of these funds have been depleted to the point where they are no longer able to pay mesothelioma victims full compensation.
Trial
An asbestos lawsuit is intended to compensate you for medical expenses, lost income, and other damages. The amount you receive is typically based on the length of your exposure and type of asbestos that you were exposed to. For example, a victim might have been exposed various kinds of asbestos while working in the power plant or in an shipyard. A mesothelioma lawyer should be knowledgeable about the various kinds of asbestos and their effects on various diseases.
The defendants in an asbestos lawsuit may have different attitudes toward compensating victims and might resort to a variety of strategies to avoid paying for claims. Your attorney should be able to anticipate these strategies and ensure that your case moves forward expeditiously. The defendant is often attempting to delay the process by filing frivolous and unfounded motions that are most likely to be rejected. Our mesothelioma lawyers are experienced and are able to stop these types of tactics and ensure that your case gets resolved quickly.
After the evidence has been taken into consideration, your mesothelioma lawyer will draft a trial strategy and submit it to the court. A successful trial requires thorough preparation and attention to the smallest details. The plan will be adapted to your particular situation since the jury's verdict will depend on their understanding of the evidence and how it is applied to your case.
Killeen asbestos lawsuits could mean an enormous amount of money for you or a loved one. If the defendants don't appeal the verdict, you could receive payments within a few months after the trial.
Defendants may choose to appeal the decision, however this will delay any financial award until the appeal is concluded. They can also decide 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 time frame for filing an asbestos lawsuit or claim differs according to the state, however generally speaking, the statute of limitations runs when you are diagnosed mesothelioma. In addition, the family members of a deceased victim might be able to bring a mesothelioma-related wrongful death lawsuit.