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An Asbestos Exposure Lawsuit

An asbestos exposure lawsuit is a civil claim for compensation. These claims can be filed in court against solvent companies or outside of the court system with bankruptcy trust funds if the asbestos manufacturer is bankrupt.

When a victim does not survive long enough to see their mesothelioma-related personal injury lawsuit become a reality family members can file a wrongful death lawsuit on their behalf. These cases can result in significant settlements.

Jury Verdicts

The victims of asbestos-related diseases have a right to justice. Thousands of people have sued the companies that exposed them to deadly chemicals. Many of these lawsuits resulted in huge verdicts from juries. A mesothelioma attorney can help you make negligent corporations accountable for their actions.

A mesothelioma decision is a verdict by the jury or a judge about whether an asbestos-related company should be held responsible for a victim's damages. The judgment will state how much money the asbestos company owes to the victim. Verdicts can only be issued following the trial.

An asbestos lawsuit can be settled out of the court. Settlements do not guarantee compensation for the victim. Many victims who settle outside of court will never receive compensation. It is important to remember that a settlement isn't a substitute for a verdict. A plaintiff may still be entitled to a jury verdict at the end of their trial.

Weitz & Luxenberg has successfully obtained mesothelioma jury verdicts. One of them was the $23 million verdict awarded to James McWilliams, a lifelong steamfitter who developed mesothelioma of the pleural. The verdict awarded $13 million for past pain and suffering and $10 million for the future pain and suffering. W&L attorney Brittany Russell was assisted by Pierre Ratzki from the firm's appeals team in the trial of the case.

In 2022 the jury awarded another mesothelioma sufferer $23 million. The victim's exposure to asbestos resulted from her husband's secondhand asbestos lawyers exposure. Her husband was carpenter, and brought home asbestos fibers he used to build Algoma Hardwoods doors. The jury concluded that asbestos exposure from these products was the cause of pleural mesothelioma.

Many victims have won millions of dollars in mesothelioma lawsuits. In the first three quarters of 2022, juries awarded more than $177 million in mesothelioma verdicts.

To prove mesothelioma, patients must prove that their exposure to asbestos was the direct cause of their injuries. The law requires that a plaintiff show that their exposure to the product of the defendant was "substantially likely" that it contributed to their injuries.

Settlements outside of Court

If a company cannot win an appeal or settle an uncontested lawsuit outside of court, they could be able to steer clear of the risk of large judgements in favor of the victims. This can help keep a negative impact off their stock price, or other financial measures. This could allow them to get a settlement similar to the amount they would have received from a jury in the event of a trial in court.

Asbestos settlement amounts differ based on victim and the severity of their mesothelioma-related diagnosis. The dollar amount of their lost earnings, the cost of medical expenses and the extent to which mesothelioma affects their quality of life are all important factors in determining a victim's compensation in cash.

A mesothelioma law firm will work diligently to collect as much data about a client's asbestos exposure and illness as it is possible. This could include analyzing old workplaces from the past. It could be necessary to research asbestos companies that are no longer operating, but their parent companies remain accountable.

Once a mesothelioma lawyer has obtained the necessary information, they will file an asbestos suit against one or more defendants. The defendants are given a certain amount of time to respond. This is usually 30 days after being notified of the lawsuit. They may deny liability, claim that smoking caused the disease, or provide other claims.

Asbestos lawyers are often able to negotiate a settlement with defendants on behalf of their clients. The process takes an average of 18 months, while both sides work to settle a fair amount for the victim.

If a mesothelioma victim is not alive at end of the case, their family members can bring a wrongful death lawsuit. The wrongful death lawsuit can compensate a loved ones family members for the loss of companionship as well as pain and suffering, and other mesothelioma-related losses. This type of lawsuit can also hold negligent defendants responsible for their actions, and deter others from engaging in similar conduct. The damages in a wrongful death suit could be substantial and can include punitive damages to penalize the defendant for particularly outrageous actions.

Trials

Asbestos is a strong cause of lung cancer, mesothelioma and other asbestos-related diseases. In many cases, asbestos-related victims are entitled to substantial compensation from the companies that manufactured, sold or installed asbestos-containing products. Asbestos, a mineral that is fibrous with needle-like fibers, can be inhaled as dust or ingested. Inhaling or swallowing these particles can result in serious health conditions that can take years to manifest. Many companies that produced or sold asbestos are now shut down or have gone bankrupt. However, victims are still able to seek compensation. The money comes from insurance companies and asbestos lawsuit victims trust funds, which have assumed liability for the asbestos producers who were once in business.

While the majority of asbestos-related claims are settled outside of court, a small percentage of lawsuits go to trial. Asbestos litigation is complex and requires the assistance of skilled lawyers. Trials are generally held at the county level but experienced mesothelioma law firms will usually transfer a case to a state that is more favorable to their client's legal claims.

The outcome of the trial will depend on the quality of the victim's legal case. This includes his or her asbestos attorneys exposure history, medical records, and evidence that he/she has suffered or she has suffered from asbestos-related diseases. The family members of victims must also show that they suffered damages. This includes medical expenses, lost wages and pain and discomfort. The loss of wages due to asbestos disease are also recoverable in the case of wrongful death.

Asbestos sufferers, who are unable to or are unable to pursue a lawsuit or file a lawsuit, might be able to obtain compensation via veterans disability benefits or trust fund settlements. VA compensation is offered through the Department of Veterans Affairs and is determined by the degree of disability a person suffers from an asbestos-related disease. The greater the degree of disability, the larger the VA award. Asbestos trust fund settlements are generally offered to individuals with confirmed asbestos-related illnesses and can range from a mere $10,000 to millions of dollars. The amount an individual victim will receive will depend on the severity and the impact of the illness on their life, and where they filed the claim.

Legal Representation

While asbestos manufacturers were aware for decades that their products contained the harmful mineral and caused mesothelioma, lung cancer, asbestosis, and other diseases, they continued to use it in shipyards, steel mills power plants, and other industrial facilities. Anyone who has an occupational history of asbestos exposure could be eligible for compensation from the companies that are responsible for their injuries.

Mesothelioma lawyers must gather medical records, employment history and other evidence of your asbestos exposure before making a claim. This may include reviewing old purchase orders from the past or other documents, as well as contacting former colleagues and interviewing relatives. The law firm you select to represent you must have experience in handling these types of claims.

A lawyer who has handled hundreds or thousands of mesothelioma cases will have a better understanding of the procedure than someone who is brand new to it. Your lawyer will also have access national resources that can assist you with case research and determine which asbestos companies are liable for your damages.

Many asbestos cases result in out-of-court settlements. The process varies depending on your state's laws and your history of exposure to asbestos. Before you decide, your attorney will inform you the options that are available.

If you win an award, it could take several months to a year before you start receiving payments. During this time, your lawyer will work with the court system to make sure you receive the amount you are entitled to.

Defendants may try to delay your compensation by filing unfounded appeals. A mesothelioma lawyer will know how to fight these tactics and present your case to court swiftly.

In most states you must submit your lawsuit within a specified time period following your diagnosis. You must initiate the legal process immediately after you suspect mesothelioma, or another asbestos-related disease. The sooner you get in touch with a mesothelioma lawyer, the sooner your claim is filed. The law firms we recommend have resources nationwide to thoroughly investigate every asbestos claim and locate all liable asbestos manufacturers. This could make a huge difference in the amount you receive as a settlement or a verdict.