How to File an Asbestos Exposure Lawsuit

A lawsuit involving asbestos exposure can result in a settlement for the victim or loved ones. Every 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 accountable. Many asbestos producers went bankrupt and established trusts to help people claim compensation.

File a Claim

Every asbestos case is unique however, there are a few aspects that are common to most claims. For a plaintiff to win their case, they must prove that they were exposed to asbestos, they suffer from mesothelioma, or any other asbestos-related diseases and have suffered damage as a result of the exposures.

The asbestos lawsuits typically include a personal injury or wrongful death claim. In a personal injury lawsuit, a person with mesothelioma files suit against the companies that produced or sold asbestos-based products to whom they were exposed at work or during military service. The lawsuits for wrongful death are filed on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related illness.

It is essential to file an asbestos lawsuit as quickly as possible because there are tight statutes of limitations in place. The specific statutes of limitations differ from state to state and may be as short as one year. A mesothelioma lawyer can assist a victim to determine whether they are eligible to make an asbestos lawsuit, and what the ideal timeframe may be for filing a case.

A mesothelioma suit seeks financial compensation to pay for medical expenses as well as lost income and other costs related to the disease. Settlements for mesothelioma patients could be hundreds of thousands or more dollars.

Exposure to asbestos is the only known cause of mesothelioma. The dangers of asbestos were well-known to major companies, but they did not inform their employees or the general public. An asbestos attorney can examine a person's employment history and military service records to find the source of their exposure.

An experienced mesothelioma attorney will also examine the client's home, business and insurance policies to find possible sources of exposure. They can then utilize this information to create a timeline of the person's asbestos lawsuits exposure and determine if any other sources of exposure exist.

Most mesothelioma lawsuits are filed against asbestos-containing products manufacturers, distributors, or sellers. These companies can be sued for negligence, strict liability or product liability. In general, asbestos lawyers will claim that these defendants were negligent because they failed to exercise reasonable care when manufacturing, selling or using their products. They will also argue that the defendants did not provide adequate warnings regarding the dangers associated with their products.

The Discovery Phase

After filing your lawsuit, the lawyers representing the defendants will start 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 attorney will help you prepare for depositions and will be present to assist you throughout the procedure. In fact, the best New York mesothelioma attorneys will conduct their own research in this phase of the lawsuit to gather crucial evidence that supports your claim and assists you to get maximum compensation.

Defense attorneys may attempt to conceal any evidence that proves their negligence or inaction caused your condition, but a skilled asbestos lawyer will make sure to uncover the facts. Your attorney will examine documents that are obtained through discovery and search for evidence that shows whether you were exposed other substances or activities that could have contributed to mesothelioma.

It is possible to feel like nothing is happening while the mesothelioma investigation process takes months. Your lawyer will be studying the information collected during this phase of the legal process in order to help you win your case.

The company's own admissions during the litigation process was a key discovery that has helped asbestos victims get settlements. Many asbestos companies, for example did not admit that their product caused cancer or breathing problems for years. Their own internal documents were uncovered in the lawsuits. They revealed that they were aware of asbestos dangers, however, they failed to warn workers and consumers.

Your lawyer will help determine if a settlement outside of court is the best option for your case after examining all evidence. The majority of asbestos cases reach settlements instead of going to trial, because this allows the victims to receive their money quicker and reduce the possibility of losing at trial. An experienced attorney can negotiate the most favorable settlement on your behalf. They can assess any offers from the defendants to determine whether they are fair.

Settlements

In many civil cases, the amount of compensation awarded is contingent on the facts of the case. For instance, the type of asbestos-related illness will determine the amount of an claim is worth. Mesothelioma is the most serious type of asbestos-related disease and therefore, victims or their surviving family members could receive higher settlements than those who have suffered other types of exposure.

Lawsuits can be filed with an experienced NYC mesothelioma law firm to get compensation for medical expenses, lost income and pain and suffering and loss of companionship, among other damages. Family members who are survivors can bring a wrongful death lawsuit when their loved ones died from mesothelioma or another asbestos-related disease.

Compensation in a suit for mesothelioma can be difficult. Lawyers can examine the victim's military and work history to determine where and when asbestos was likely used. They can identify which companies were responsible for asbestos exposure. A mesothelioma lawyer can also compare the mesothelioma victim's symptoms with those of other cases in order to determine an acceptable range of settlement offer.

Lawyers typically handle these cases as contingency fees, which means that they do not get paid until their client receives money. The lawyer is responsible for any reasonable expenses incurred in the case, and they will be reimbursed through the verdict or settlement.

A jury will consider the evidence, and then decide on how much compensation a victim is entitled to for their injuries. It is possible that the defendants may want to go to court instead of settlement. This is especially the case in the event that the plaintiff's asbestos law firm has won large settlements in mesothelioma lawsuits.

Asbestos victims might also be eligible to make claims through asbestos trust fund, which was put by companies that manufactured and distributed asbestos product to cover asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos in the workplace as well as veterans. Some of these funds are depleted and will not be used to offer the full amount of compensation to mesothelioma sufferers.

Trial

The aim of a asbestos lawsuit is to recover compensation for your medical expenses, loss of income and other damages. The amount you receive is typically based on the length of your exposure and the type of asbestos lawsuits that you were exposed to. A victim could have been exposed multiple types of asbestos when working in an energy plant, shipyard or in other industrial settings. Thus, a mesothelioma attorney should be familiar with every type of asbestos and the ways it can cause various illnesses.

In a lawsuit involving asbestos the defendants could have different attitudes towards compensating victims. They could also employ various strategies to avoid paying claims. Your attorney must be able to recognize these strategies and ensure that your case moves forward expeditiously. For example, defendants will attempt to delay the process by filing frivolous motions that are likely to be rejected by the judge. Our mesothelioma lawyers are experienced in thwarting these tactics and making sure that your case is completed quickly.

Your mesothelioma lawyer will develop a trial plan and present it to the court once the evidence is taken. A successful trial requires thorough preparation and attention to the smallest details. The plan will be tailored for your situation as the jury's decision is contingent on their understanding of the evidence.

A successful verdict can result in a substantial amount for you or your loved ones. If the defendants don't appeal the verdict, then payments are made within a few weeks after the trial.

Defendants can decide to appeal a decision. However, this may delay any monetary award. They may also decide to pay a lower amount or even nothing at all. In 2022, a jury gave $43 million to a woman who worked in a factory that used asbestos fire doors.

The time to file an asbestos claim or lawsuit varies by state, but generally speaking, the statute of limitations begins as soon as you are diagnosed with mesothelioma. In addition, the family members of a victim who died may be able to file a mesothelioma wrongful death lawsuit.