So You ve Purchased Asbestos Exposure Lawsuit ... Now What

How to File an Asbestos Exposure Lawsuit

A lawsuit involving asbestos exposure may result in compensation being paid to the victim or their loved family members. Each case is unique but there are some common elements.

An attorney will determine where exposure to asbestos occurred and which companies are responsible. Many asbestos manufacturers have gone bankrupt and set trusts for bankruptcy which allow individuals to file claims.

Claim your Benefits

Each asbestos case is different however, certain elements are common. In order for a plaintiff to prevail in their claim, they need to prove that they were exposed to asbestos, they have a mesothelioma or other asbestos-related diseases and have suffered damages as a result of the exposures.

The asbestos lawsuits typically include either a personal injury or death claim. In a personal injuries lawsuit, a person suffering from mesothelioma sues companies that produced or sold asbestos-based products to which they were exposed during work or during military service. Families who have lost a loved one to mesothelioma or another asbestos-related disease may file wrongful-death lawsuits.

It is crucial to start an asbestos lawsuit as quickly as you can because there are strict statutes of limitations in place. State-by-state, the statutes for limitation can 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 best timeline might be for filing their case.

A mesothelioma lawsuit seeks financial compensation to pay for medical expenses loss of income, as well as other costs associated with the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.

Asbestos exposure is the only known mesothelioma causing factor. Major companies were aware of the risks associated with asbestos, but did not inform workers or the general public. An asbestos lawyer can examine the person's employment history and military records to determine the source of exposure.

A mesothelioma lawyer will review the client's automobile, home and business insurance records to find potential sources of exposure. They can then use this information to develop a timeline of the individual's asbestos exposure and determine if additional sources of exposure exist.

Most mesothelioma lawsuits are filed against asbestos-containing manufacturers, distributors, or sellers. They may be sued on the basis of strict liability, negligence or product liability. Generally, the asbestos lawyers will claim that these defendants were negligent as they failed to take reasonable care when producing, selling or using their products. They will also argue the defendants failed provide adequate warnings regarding the risks that come with their products.

The Discovery Phase

After filing your lawsuit the lawyers representing the defendants will begin an exchange of information known as discovery. This could include documents such as medical records and corporate records but also statements made during interviews under oath, called depositions. Your lawyer will assist you prepare for a deposition and will be available to assist you throughout the procedure. The best New York mesothelioma lawyers will do their own research to find evidence that supports your claim, and assist you get maximum compensation.

A skilled asbestos lawyer can uncover any evidence that shows the defendants' negligence or inaction led to your illness. In addition to examining documents uncovered through discovery, your lawyer will also search for evidence indicating whether you were exposed to any other substances or activities that could have caused mesothelioma. This includes smoking.

You may feel that nothing is happening while the mesothelioma research process takes months. However your lawyer will be hard at work analyzing the evidence gathered during this phase of the legal process in order to improve your case.

One of the key elements of discovery that has helped victims obtain asbestos settlements is the company's own admissions through the litigation process. Many asbestos-related companies, for instance did not admit that their product caused cancer or breathing problems for years. Their internal documents were revealed during the litigation. They showed that they knew of the asbestos dangers, however, they failed to warn consumers and workers.

After reviewing all the evidence available in your case the lawyer will help you determine if an out-of-court settlement is a viable option. Most asbestos cases are settled outside of court rather than going to trial. This lets victims get their money more quickly and reduces the chance of losing in court. An experienced lawyer will negotiate the most favorable settlement on your behalf and can assess any offers from the defendants to determine whether they are fair.

Settlements

In many civil lawsuits, the amount of compensation that is determined by the facts. For instance, the nature of asbestos attorney-related illness will determine the amount an claim is worth. Mesothelioma is the most severe type of asbestos illness and therefore, those who suffer from it or their surviving family members could receive higher settlements than those who have been exposed to other forms of asbestos.

A NYC mesothelioma lawyer can bring a lawsuit in order to seek damages like medical expenses, lost wages, pain and suffering, and loss of companionship. If someone you love has passed away of mesothelioma, or another asbestos-related disease, the surviving family members can file a wrongful-death lawsuit.

The compensation in a lawsuit involving mesothelioma can be difficult. Lawyers can examine a victim's military and work history to see the places and times when asbestos was likely used. Then they can determine which companies are responsible for the exposure to asbestos. An attorney for mesothelioma can examine the symptoms of a victim against those of previous cases to determine a reasonable settlement amount.

Lawyers typically handle these cases as contingency fees, meaning 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 from the settlement or verdict award.

A jury will hear the evidence and decide on the amount an individual victim is entitled to for their injuries. It is also possible that defendants decide to go to trial instead of settling a settlement. This is especially true in the event that the plaintiff's asbestos attorney law firm has won large verdicts in mesothelioma cases.

Asbestos victims may also pursue claims through asbestos trust funds which were established by companies that produced and distributed asbestos products to cover asbestos-related liabilities. These funds are set aside for those who were exposed to asbestos on the job and also veterans. However, some of these funds have been drained to the point that they are no longer able to pay mesothelioma sufferers full compensation.

Trial

The goal of an asbestos lawsuit is to seek compensation for medical expenses as well as loss of income and other damages. The amount you receive is typically dependent on the duration of your exposure and type of asbestos that you were exposed to. For instance, a victim might have been exposed different types of asbestos while working in the power plant or in the shipyard. So, a mesothelioma lawyer must be knowledgeable about every type of asbestos and how it can cause various illnesses.

The defendants in an asbestos lawsuit may have different views on compensating victims and may resort to several tactics to avoid paying for claims. Your lawyer should be able to anticipate these strategies and ensure that your case progresses swiftly. The defendant is often attempting to delay the process by filing frivolous, unfounded motions which are likely to be rejected. Our mesothelioma lawyers are skilled in securing the outcome of these strategies and ensuring that your case is resolved quickly.

After the evidence has been gathered, your mesothelioma attorney will draft a trial strategy and present 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, as the jury's verdict will be based on their understanding of the evidence and how it applies to your particular case.

A successful verdict can result in a significant amount for you or your loved ones. If the defendants don't appeal the verdict, you may receive payments within a few months of the trial.

Defendants may choose to appeal the decision, however this could delay any monetary award until the appeal is concluded. They may also choose to pay a lower amount or nothing at all. In 2022, the jury awarded $43,000,000 to a woman working at a factory using asbestos fire doors.

The statute of limitations for filing an asbestos claim or lawsuit can differ by state. However, in most cases, it begins when you are diagnosed with Mesothelioma. Families of victims who have passed away may also be able file a lawsuit for mesothelioma-related wrongful death.