How to File an Asbestos Exposure Lawsuit

An asbestos exposure lawsuit can result in compensation for a victim or loved ones. Each case is unique but there are common elements.

A lawyer will determine where you were exposed to asbestos and which companies are responsible. Many of the asbestos manufacturers went bankrupt and set up bankruptcy trusts for people to file claims.

Claim your Benefits

Each asbestos case is unique however, certain elements are common. For a plaintiff to win their claim, they must prove that they were exposed to asbestos, suffer from mesothelioma or another asbestos-related diseases and have suffered damages as a result of the exposures.

Asbestos lawsuits usually are built around a personal injury claim or wrongful death claim. In a personal injuries lawsuit, a person suffering from mesothelioma files suit against the companies that produced or sold asbestos-based products to which they were exposed during work or during military service. Families who lost a loved one to mesothelioma, or any other asbestos-related illness, can file wrongful death lawsuits.

It is crucial to file an asbestos lawsuit as quickly as you can, since there are tight statutes of limitations in place. The exact statutes of limitations will differ from state state and may be as brief as one year. A mesothelioma lawyer will help victims determine if they are qualified to file an asbestos lawsuit and what the ideal time frame is for filing their case.

A mesothelioma suit seeks financial compensation to pay for medical expenses loss of income, as well as other costs associated with the disease. Settlements for mesothelioma sufferers can reach hundreds of thousands or more dollars.

Mesothelioma can only be caused by exposure to asbestos. Major companies knew of the dangers associated with asbestos, but did not warn workers or the public. An asbestos lawyer can review the person's employment history and military records to determine the source of exposure.

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

The majority of mesothelioma lawsuits are filed against distributors, manufacturers, or sellers of asbestos-containing products. They are liable for negligence, strict liability, or product liability. In general, asbestos lawyers will claim that these defendants were negligent as they failed to take reasonable care when making or selling their products. They will also claim that the defendants did not adequately warn regarding the risks that come with their products.

The Discovery Phase

After you start your lawsuit and the lawyers of the defendants begin an exchange known as discovery. This may include documents like medical records and corporate records but also statements made in interviews under oath. These are known as depositions. Your attorney will assist in preparation for a deposition and will also be present during the proceedings. In fact, the best New York mesothelioma attorneys will conduct their own research in this phase of the litigation to gather crucial evidence that supports your claim and allows you to obtain the maximum amount of compensation.

Defense attorneys may attempt to conceal any evidence that shows their negligence or inaction has caused your condition however, a seasoned asbestos lawyer will ensure to expose these facts. Your attorney will examine documents obtained through discovery and search for information that indicates whether you were exposed to other substances or activities that could have contributed to mesothelioma.

The mesothelioma process can take months and you will likely feel like nothing is happening during the time. However, your lawyer will be at work, scouring through the data gathered during this part of the legal process to strengthen your case.

The company's own admissions throughout the litigation process has been an important finding which has helped asbestos attorney victims get settlements. Many asbestos companies, for example have denied that their products caused cancer and breathing problems for a long time. But their own internal documents surfaced during the lawsuits, revealing that they knew about asbestos' dangers but did not warn the public or workers.

After reviewing all the evidence available in your case the lawyer will help you determine if an out-of-court settlement is a good option. The majority of asbestos cases are settled outside of court instead of going to trial. This lets victims receive their money faster and reduces the chance of losing at trial. An experienced attorney can negotiate the best settlement for you, and also evaluate any offers made by defendants.

Settlements

In a lot of civil cases the amount of compensation awarded depends on the case facts. The type of asbestos-related illness can affect the value of the claim. Mesothelioma is the most severe type of asbestos-related disease which is why the victims or their family members may receive larger settlements than those who have suffered from other forms of exposure.

A NYC mesothelioma lawyer can bring a lawsuit in order to seek damages like medical expenses as well as lost wages or income, pain and suffering and loss of companionship. Family members of the deceased can bring a wrongful death lawsuit when their loved ones passed away from mesothelioma or an asbestos-related illness.

Compensation in a lawsuit for mesothelioma can be difficult. An attorney can review the work of the victim and their military history to determine where and when asbestos may have been employed. Then they can determine which companies are responsible for the exposure to asbestos. A mesothelioma lawyer will also compare the mesothelioma victim's symptoms to those of past cases to come up with an acceptable range of settlement offer.

Lawyers typically handle these cases as contingency fee, meaning that they are not paid unless their client is able to receive money. The attorney will pay for all reasonable expenses associated with the case, and they will be reimbursed through the verdict or settlement.

A jury will listen to the evidence and decide what amount of the victim is entitled to for their injuries. It is possible that defendants might want to go to court instead of settling. This is especially true in the event that the plaintiff's asbestos law firm has secured significant verdicts in mesothelioma cases.

asbestos attorneys victims may also pursue claims through asbestos trust funds, which were created by companies that produced and distributed asbestos products to pay for asbestos-related liabilities. These funds are for those exposed to asbestos in the workplace, including veterans. However certain funds have been depleted to the point where they are no longer able to pay mesothelioma sufferers full compensation.

Trial

The aim of an asbestos lawsuit is to seek compensation for your medical expenses as well as loss of income and other damages. In general, these awards are based on the length of your exposure and the kind of asbestos you were exposed to. A victim could have been exposed multiple types of asbestos in the shipyard, power plant or in other industrial settings. A mesothelioma lawyer must be familiar with the different types of asbestos and their effects on various diseases.

The defendants in an asbestos lawsuit have diverse opinions about compensating victims. They might resort to a variety of strategies to avoid paying for claims. Your lawyer must be able anticipate these strategies to ensure that your case proceeds quickly. The defendant is often attempting to delay the process by filing frivolous, unfounded motions that are likely to be rejected. Our mesothelioma lawyers are experienced and know how to deter these types of tactics and ensure that your case is resolved quickly.

Your mesothelioma attorney will develop a trial plan and submit it to court once evidence has been taken. A successful trial requires meticulous preparation and attention. 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 is applied to your case.

A successful verdict could mean a large payout for you or loved ones. If the defendants don't appeal the verdict, you could receive payments within a few months following the trial.

Defendants can decide to appeal a decision. However, this may delay any monetary award. They can also opt to pay a smaller amount or nothing at all. In 2022, a jury awarded $43,000,000 to a worker working in a plant that used asbestos lawyers fire doors.

The time period for filing an asbestos claim or lawsuit can vary by state. However, in the majority cases it begins when you are diagnosed with Mesothelioma. Additionally, family members of a deceased victim might be able to file a mesothelioma wrongful death lawsuit.