How to File an Asbestos Exposure Lawsuit

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

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

File a Claim

Every asbestos case is different however there are some elements that are common to all claims. To win a claim, a plaintiff must show that they were exposed, have mesothelioma, or another asbestos-related illness, and that they have suffered any damages.

Asbestos lawsuits typically are based on a personal injury claim or wrongful death claim. In a personal injury suit the person suffering from mesothelioma files suit against the companies that manufactured or sold the asbestos-based products they were exposed to in the workplace or during military service. In wrongful death lawsuits, the plaintiffs file on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related illness.

It is essential to start an asbestos lawsuit as quickly as you can because there are tight statutes of limitations in place. The exact statutes of limitations differ from state to state and can be as brief as one year. A mesothelioma attorney can help a victim determine whether they are eligible to make an asbestos lawsuit, and what the ideal timeframe might be 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 victims can reach hundreds of thousands or even more dollars.

Mesothelioma can only be caused by exposure to asbestos. Large companies were aware of the risks associated with asbestos but didn't warn employees or the public. An asbestos lawyer can examine the history of an individual's employment and military records to determine the source of exposure.

A mesothelioma lawyer may also examine the client's auto home, business and auto insurance records to find potential sources of exposure. This information can be used to construct a timeline of asbestos exposure for the person and determine if there are any additional sources.

Most mesothelioma lawsuits are filed against asbestos-containing product manufacturers distributors, sellers, or manufacturers. These companies can be sued for negligence, strict liability, or product liability. The asbestos lawyers will argue that these defendants were negligent as they did not exercise reasonable care when producing or selling their products. They will also argue that the defendants did not adequately warn regarding the dangers associated with their products.

The Discovery Phase

After you start your lawsuit and the lawyers of the defendants start an exchange called discovery. This may 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 depositions and will be there to assist you during the process. In fact, the best New York mesothelioma attorneys will conduct their own research during this phase of the lawsuit to gather crucial evidence that supports your claim and helps you obtain the maximum amount of compensation.

Defense attorneys may attempt to conceal any evidence that shows their negligence or inaction caused the illness, but a skilled asbestos lawyer will be sure to discover the facts. Your lawyer will go through documents that are obtained through discovery and search for evidence that suggests whether you were exposed other products or activities that could have caused mesothelioma.

The process of identifying mesothelioma can take months, and you'll likely feel as if nothing is happening during this period. Your lawyer will be busy analyzing the information gathered during this phase of the legal process in order to improve your case.

One of the key elements of evidence that has helped victims win asbestos settlements is the company's own admissions during the litigation process. Many asbestos companies, for example have denied that their product caused cancer or breathing problems for years. The company's internal documents were exposed during the lawsuits. They proved that they were aware of the dangers associated with asbestos, but did not warn workers and consumers.

Your lawyer will help determine if a settlement outside of court is the best option for your case after analyzing all evidence. The majority of asbestos cases settle settlements rather than going to trial because this allows the victims to receive money faster and avoid the risk of a loss in the event of a trial. An experienced attorney can negotiate the most favorable settlement for you and evaluate any offers made by the defendants.

Settlements

In a lot of civil cases the amount of compensation awarded depends on the case facts. For instance, the nature of asbestos-related illness will determine how much an claim is worth. Mesothelioma is the most severe form of asbestos-related illness, can result in a higher settlement for the victims or their surviving family members.

A NYC mesothelioma lawyer may bring a lawsuit in order to recover damages, such as medical expenses as well as lost wages or income, pain and suffering and loss of companionship. If a loved one has died from mesothelioma, or an asbestos-related disease, the surviving family members can file a wrongful-death lawsuit.

The compensation in a lawsuit involving mesothelioma may be difficult. A lawyer can examine a victim's work and military history to determine where asbestos might have been used. They can identify the companies responsible for exposure to asbestos. A mesothelioma attorney can also analyze the symptoms of a patient against similar cases in the past to determine a fair settlement amount.

Lawyers usually handle these cases as contingency fees, meaning that they don't get paid unless their client is able to receive money. The lawyer will pay for all reasonable case-related expenses and will be paid out of the verdict or settlement.

A jury will listen to the evidence and decide on how much compensation a victim is entitled to for their injuries. It is also possible that the defendants will prefer to go to trial instead of reaching a settlement. This is particularly true if the plaintiff’s asbestos law firm has secured large verdicts in mesothelioma cases.

Asbestos victims can also pursue claims through asbestos trust funds, which were established by companies that manufactured and distributed asbestos products to pay for asbestos-related liabilities. These funds are for those who have been exposed to asbestos while at work and also veterans. However some of these funds have been depleted to the point that they are no longer able to pay mesothelioma sufferers full compensation.

Trial

The purpose of an asbestos lawsuit is to recover compensation for medical expenses or loss of income, as well as other damages. These awards are usually dependent on the duration of your exposure and the type of asbestos you were exposed to. For instance, a person might have been exposed multiple types of asbestos while working on the power plant or in the shipyard. Thus, a mesothelioma attorney must be knowledgeable about every type 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 various strategies to avoid paying claims. Your lawyer will be able anticipate these strategies and ensure that your case moves forward expeditiously. For instance, defendants might try to delay the process by filing frivolous motions that are most likely to be rejected by the judge. Our mesothelioma lawyers are experienced in securing the outcome of these strategies and making sure that your case is resolved quickly.

Once the evidence has been collected, your mesothelioma lawyer will draft a trial strategy and present it to the court. A successful trial requires extensive preparation and attention to detail. The plan will be tailored to your specific circumstances since the jury's verdict will be based on their understanding of the evidence and how it is applied to your case.

A victory could mean an amount that is substantial for you or someone you love. If the defendants don't appeal the verdict, you may receive payments within a few months of the trial.

Defendants can decide to appeal the verdict, but this could delay any monetary award until the appeal is completed. They may also choose to pay a smaller amount or none at all. In 2022, a jury awarded $43,000,000 to a worker working in a plant that used asbestos fire doors.

The time limit for filing an asbestos lawsuit or claim can differ by state. However, in the majority instances, it starts when you are diagnosed with mesothelioma. Additionally, family members of a victim who died may be able to file a mesothelioma wrongful death lawsuit.