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How to File an Asbestos Exposure Lawsuit

A lawsuit involving asbestos exposure may result in compensation being given to the victim or their loved ones. Each case is unique however, there are some aspects that are common.

An attorney will determine where asbestos exposure occurred and the companies that are responsible. Many asbestos producers went bankrupt and established trusts in bankruptcy for people to claim compensation.

File a Claim

Every asbestos case is different, but there are some aspects that are common to all claims. To win a claim the plaintiff must prove that they were exposed, have mesothelioma or another asbestos-related disease, and suffered damages.

Asbestos lawsuits usually are based on the basis of a personal injury or wrongful death claim. In a personal injury suit one suffers from mesothelioma files a lawsuit against the companies that manufactured or sold the asbestos-based products they were exposed to in the workplace or during military service. Families who have lost loved one to mesothelioma, or any other asbestos-related illness may file wrongful-death lawsuits.

The time limit for filing a lawsuit is extremely strict, and you should submit your asbestos lawsuit as quickly as possible. State-by-state the statutes of limitation could be as short as one year. A mesothelioma lawyer can help a victim determine whether they are eligible to file an asbestos lawsuit and what the best timeline could be for filing their case.

In a mesothelioma case the plaintiff seeks compensation for medical expenses, lost wages, and other expenses incurred by the disease. Settlements for mesothelioma sufferers can be in the hundreds of thousands or even more dollars.

Exposure to asbestos is the only known cause of mesothelioma. Major companies were aware of the dangers associated with asbestos, but didn't inform workers or the general public. An asbestos lawyer can look over a person’s employment history and military documents to determine the cause of exposure.

An experienced mesothelioma lawyer will also look over the client's business, home, and auto insurance records to determine possible sources of exposure. This information can be used to create a timeline of asbestos exposure for the individual and determine if there are additional sources.

The majority of mesothelioma lawsuits are filed against sellers, distributors, or manufacturers of asbestos-containing products. They can be sued on the grounds of strict liability, negligence or product liability. Generally, the asbestos lawyers will claim that the defendants were negligent as they failed to exercise reasonable care when manufacturing or selling their products. They will also argue that the defendants failed to provide proper warnings of the dangers associated with their products.

The Discovery Phase

When you file your lawsuit and your lawyer, the defendants will begin an exchange known as discovery. This could include documents like medical records and corporate records but also statements made in interviews under oath, called depositions. Your attorney will help you prepare for a deposition and will be available to assist you throughout the procedure. The best New York mesothelioma lawyers will conduct their own research to find evidence that supports your claim and will help you receive the maximum amount of compensation.

Defendants may try to bury any evidence that shows their negligence or inaction caused your condition however, a seasoned asbestos lawyer will make sure to expose the facts. In addition to reviewing documents received through discovery, your lawyer will also search for evidence that indicates whether you were exposed to any other substances or actions that could have triggered mesothelioma, such as smoking.

You might think that there is nothing happening when the mesothelioma research process takes months. Your lawyer will be busy studying the information collected during this phase of the legal process to help you win your case.

A key piece of evidence that has helped victims obtain asbestos settlements is the company's own admissions through the litigation process. Many asbestos-related companies, for instance, denied that their product caused cancer and breathing problems for a long time. However, their internal documents were released during the lawsuits, revealing that they were aware of asbestos' dangers but failed to warn consumers and workers.

After examining all the evidence available in your case the lawyer will help you decide if an out of court settlement is a good option. The majority of asbestos cases settle settlements rather than 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 can negotiate the most favorable settlement on your behalf and will review any offers from the defendants to determine if they are fair.

Settlements

In a lot of civil cases the amount of compensation awarded is contingent on the specific facts of the case. The type of asbestos-related disease can affect the value of a claim. Mesothelioma is the most severe form of asbestos-related illness, can result in a larger settlement for victims or their surviving family members.

A NYC mesothelioma lawyer may bring a lawsuit in order to seek damages like medical expenses, lost wages as well as 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 for mesothelioma lawsuits isn't always easy to determine. An attorney can review the work of the victim and their military history to determine if and when asbestos may have been used. Then, they can determine the companies responsible for the exposure to asbestos. A mesothelioma lawyer may also evaluate the mesothelioma sufferer's symptoms with those of previous cases to determine a reasonable range for a settlement offer.

Lawyers usually take on these cases as contingency fee, meaning that they do not get paid until their client receives money. The lawyer will pay for all reasonable costs associated with the case, and then they are reimbursed out of 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 that defendants might want to go to court instead of settlement. This is especially the case in the event that the plaintiff's asbestos law firm has experience winning large verdicts in mesothelioma cases.

Asbestos victims may also seek compensation through asbestos trust funds which were created by companies that produced and distributed asbestos-related products to pay for asbestos lawyers-related liabilities. These funds are set aside for those who were exposed to asbestos on the job and also veterans. Some of these funds are depleted and can no longer provide the full amount of compensation to mesothelioma sufferers.

Trial

An asbestos lawsuit is intended to pay for medical expenses, lost income, and other damages. The majority of the amount of compensation you receive will depend on the length of your exposure as well as the type of asbestos you were exposed to. For example, a victim might have been exposed to different kinds of asbestos while working in an energy plant or in the shipyard. So, a mesothelioma lawyer should be familiar with each type of asbestos and how it could cause various diseases.

In a lawsuit involving asbestos attorney, the defendants may have different views on the compensation of victims. They may also use various strategies to avoid paying out claims. Your attorney should be able anticipate these strategies to ensure that your case proceeds quickly. For instance, defendants might try to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our experienced mesothelioma attorneys are able to stop these tactics and ensure that your case gets resolved quickly.

After the evidence is collected, your mesothelioma lawyer will draft a trial strategy and present it to the court. A successful trial requires extensive preparation and a keen eye for detail. The plan will be adapted to your specific circumstances, as the jury's verdict will be based on how they understand the evidence.

A successful verdict could mean an enormous amount of money for you or loved ones. If the defendants do not appeal the verdict, you may receive payments within a few months following the trial.

Defendants can decide to appeal the decision, however this will delay any monetary award until the appeal is completed. They may also choose to pay less or nothing. In 2022, the jury awarded $43,000,000 to a worker working at a factory using asbestos fire doors.

The time limit for filing an asbestos claim or lawsuit may vary by state. However, in the majority cases it begins when you are diagnosed with Mesothelioma. Family members of a victim who died may be able to bring a mesothelioma-related wrongful death lawsuit.