How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure could result in compensation being given to the victim or their loved ones. Each case is different, but there are certain aspects that are common.
An attorney will determine where exposure to asbestos occurred and which companies are responsible. Many asbestos manufacturers have filed for bankruptcy and set up trusts for bankruptcy that allow people to file claims.
File a Claim
Each asbestos case is unique however certain aspects are common to all. To win their claim, they must prove that they were exposed to asbestos, they suffer from mesothelioma, or any other asbestos-related disease and have suffered injuries because of those exposures.
Asbestos lawsuits typically are built around a personal injury claim or wrongful death claim. In a personal injury lawsuit, a person suffering from mesothelioma files suit against the companies that made or sold asbestos-based goods to which 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 ones to mesothelioma or another asbestos-related disease.
It is crucial to submit an asbestos lawsuit as soon as you can, since there are tight statutes of limitations in place. The exact statutes of limitations differ from state to state and could be as short as a year. A mesothelioma lawyer can help a victim determine whether they are eligible to bring an asbestos lawsuit and what the most appropriate timeframe may be for filing a case.
In a mesothelioma case the plaintiff seeks compensation for medical expenses, lost wages, and other expenses associated with the disease. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.
Mesothelioma is caused by exposure to asbestos. The risks of asbestos were well-known to large companies, but they did not warn their employees or the general public. An asbestos attorney can examine the history of a person's employment and military service records to identify the source of their exposure.
A mesothelioma lawyer will also review the client’s auto, home and business insurance records to determine potential sources of exposure. They can then utilize this information to create a timeline of the person's asbestos exposure and determine if additional sources of exposure exist.
The majority of mesothelioma claims are filed against sellers, distributors, or manufacturers of asbestos-containing products. They may be sued on the basis of strict liability, negligence or product liability. The asbestos lawyers typically assert that the defendants were negligent for failing to exercise reasonable care when making, selling or using their products. They will also claim that the defendants did not provide proper warnings of the risks associated with their products.
The Discovery Phase
After you file your lawsuit, attorneys representing the defendants will initiate an exchange of information, also known as discovery. This could include documents such as medical records and corporate records but also statements made in interviews under oath, called depositions. Your attorney will assist you in preparing for a deposition, and will be present during the process. In fact, the top New York mesothelioma attorneys will conduct their own research during this phase of the litigation process to collect essential evidence that proves your claim and assists you to obtain the maximum amount of compensation.
Defense attorneys may attempt to conceal any evidence that proves their negligence or inaction led to your condition however, a seasoned asbestos lawyer will ensure to uncover these facts. In addition to looking over documents received through discovery, your lawyer will also search for evidence about whether you were exposed to other products or activities that could have led to mesothelioma. This includes smoking.
You may feel that nothing is happening while the mesothelioma examination process can take months. Your lawyer will be analyzing the information gathered during this stage of the legal process in order to improve your case.
The company's own admissions in the litigation process have been a key discovery that has allowed asbestos victims to win settlements. For instance, many asbestos companies denied for decades that their asbestos product could cause breathing problems and cancer. But their own internal documents surfaced during the lawsuits, revealing that they knew about asbestos's dangers, but failed to warn consumers and workers.
After examining all the evidence in your case the lawyer will help you decide if an out of court settlement is the best option. The majority of asbestos cases reach settlements instead of going to trial because this allows the victims to receive money quicker and reduce the risk of a loss in the event of a trial. An experienced lawyer can negotiate the most favorable settlement on your behalf and can assess any offers from the defendants to determine if they are fair.
Settlements
In many civil cases the amount of compensation awarded will depend on the specific facts of the case. For example, the type of asbestos-related illness will determine the amount a claim is worth. Mesothelioma is the most severe form of asbestos-related disease, could result in a bigger settlement for victims or their survivors.
A NYC mesothelioma lawyer can bring a lawsuit in order to seek damages like medical expenses as well as lost wages, pain and suffering, and loss of companionship. Surviving family members can also make a wrongful-death lawsuit in the event that a loved one has died from mesothelioma or another asbestos-related disease.
The compensation in a lawsuit involving mesothelioma isn't easy. Lawyers can examine the victim's military or work history to see where and when asbestos was most likely to be employed. Then they can determine the companies responsible for the asbestos exposure. A mesothelioma lawyer can examine the symptoms of a victim against similar cases in the past to determine a fair settlement amount.
Lawyers typically handle these cases as contingency fee, meaning that they do not get paid until their client receives money. The attorney will pay for any reasonable expenses incurred in the case, and are reimbursed from the verdict or settlement.
A jury will consider the evidence and decide on the amount the victim should be compensated for their injuries. It is also possible that defendants want to go to trial instead of reaching a settlement. This is especially the case when the plaintiff's asbestos law firm has secured large settlements in mesothelioma lawsuits.
Asbestos sufferers may also be eligible to make claims through the asbestos trust fund, which was put by companies that produced and distributed asbestos products to pay for asbestos related liabilities. These funds are for those who have been exposed to asbestos in the workplace as well as veterans. Some of these funds are depleted and will not provide the full amount to mesothelioma patients.
Trial
An asbestos lawsuit is intended to pay for medical expenses, lost income and other damages. The amount of compensation is usually determined by the duration of your exposure and the type of asbestos that you were exposed to. A victim may have been exposed to multiple kinds of asbestos while working in an energy plant, shipyard or in other industrial settings. So, a mesothelioma lawyer must be knowledgeable about the different types of asbestos and how it could cause various illnesses.
In an asbestos lawsuit, the defendants may have different attitudes towards the compensation of victims. They could also employ several tactics to avoid paying claims. Your lawyer must be able anticipate these tactics to ensure that your case will be resolved quickly. For example, defendants will try to stall the process by filing frivolous motions that are likely to be rejected by the judge. Our mesothelioma lawyers are skilled in defying these tactics and ensuring that your case is swiftly resolved.
Your mesothelioma lawyer will then prepare a trial strategy and present it to the court once evidence has been gathered. A successful trial requires careful preparation and attention. The strategy will be tailored to suit your particular situation, since the jury's verdict will be based on their understanding of the evidence.
A successful verdict could result in a large amount for you or your loved one. If the defendants don't contest the verdict, payment are due within a few weeks after the trial.
Defendants can choose to appeal a decision. However, this will delay any financial award. Farmington Hills asbestos lawsuits can also decide to pay less or nothing. In 2022, a jury awarded $43 million to a woman who worked at a factory that used asbestos fire doors.
The time to file an asbestos lawsuit or claim differs according to the state, however generally speaking, the statute of limitations starts from the moment you are diagnosed with mesothelioma. Family members of a deceased victim might be in a position to make a mesothelioma wrongful-death lawsuit.