How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure could result in compensation being paid to the victim or their loved ones. Each case is different, but there are some common elements.
An attorney will determine where asbestos exposure occurred and which companies are liable. Many asbestos manufacturers have gone bankrupt and set up bankruptcy trusts which allow individuals to claim compensation.
File a Claim
Each asbestos case is different however certain elements are common. To be successful in a claim, a plaintiff must show that they were exposed, suffer from mesothelioma or another asbestos-related disease, and suffered damages.
The asbestos lawsuits typically include either a personal injury or death claim. In a personal injury suit, the person who has mesothelioma files a lawsuit against the companies that produced or sold asbestos-based products they were exposed to at the workplace or during military service. Families who lost a loved one to mesothelioma or another asbestos-related illness may file wrongful-death lawsuits.
The statute of limitations is extremely strict, and you must file your asbestos lawsuit as quickly as possible. State-by-state, the statutes for limitation could be as short as a year. A mesothelioma attorney can assist a victim to determine whether they are eligible to file an asbestos lawsuit and what the most appropriate timeframe could be for filing their case.
In a mesothelioma lawsuit, the plaintiff seeks compensation for medical expenses, lost wages, and other expenses incurred by the disease. Mesothelioma victims typically 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 major companies, but they didn't inform their workers or the public. An asbestos lawyer can look over a person’s employment history and military documents to determine the cause of exposure.
A mesothelioma lawyer may also review the client’s auto, home and business insurance records to determine potential sources of exposure. Santa Clarita asbestos lawsuits can then use this information to develop a timeline of the individual's asbestos exposure and determine if any other sources of exposure exist.
The majority of mesothelioma lawsuits are filed against the manufacturers, distributors or sellers of asbestos-containing products. These companies can either be sued on the grounds of strict liability, negligence, or product liability. The asbestos lawyers will claim that these defendants were negligent as they did not exercise reasonable care when manufacturing or selling 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 start an exchange of information known as discovery. This includes documents such as corporate and medical records, as well as statements under oath during interviews, which are known as depositions. Your attorney will assist you in the preparation of a deposition and will also be present during the deposition. In fact, the top New York mesothelioma attorneys will conduct their own research during this stage of the litigation process to collect 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 proves their negligence or inaction has caused your condition However, a knowledgeable asbestos lawyer will ensure to expose these facts. In addition to looking over documents uncovered through discovery, your lawyer will also look for information that indicates whether you were exposed to other products or actions that could have triggered mesothelioma. This includes smoking.
The mesothelioma discovery process can take months, and you'll likely feel as if nothing is happening during that period. Your lawyer will be busy analyzing the information gathered during this stage of the legal process to improve your case.
The company's own admissions throughout the litigation process has been an important discovery that has helped asbestos victims obtain settlements. Many asbestos companies, for example have denied that their product caused cancer and breathing problems for years. However, their internal documents were released during the lawsuits, showing that they were aware of asbestos' dangers but did not inform workers and consumers.
After examining all the evidence available in your case, your lawyer will help you decide if an out of court settlement is the best option. Most asbestos cases are settled outside of court rather than going to trial. This lets victims receive their money faster and reduces the chance of losing in court. An experienced attorney can negotiate the most favorable settlement for you and will review any offers from the defendants to determine whether they are fair.
Settlements
In many civil cases the amount of compensation awarded is contingent on the facts of the case. For instance, the type of asbestos-related disease can determine the amount of a claim is worth. Mesothelioma is the most severe form of asbestos-related disease, may result in a larger settlement for victims or their surviving family members.
A NYC mesothelioma lawyer can file a lawsuit to recover damages such as 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 deaths lawsuit.
Compensation in a lawsuit for mesothelioma may be difficult. A lawyer can examine the work of a victim as well as military history to determine where asbestos could have been employed. They can then determine which companies were responsible for asbestos exposure. A mesothelioma attorney can also examine the symptoms of a victim against the symptoms of cases before to determine a fair settlement amount.
Lawyers typically handle these cases as contingency fee, meaning that they are not paid until their client receives money. The attorney will finance all of the reasonable case-related expenses and will be reimbursed from the verdict or settlement.
A jury will consider the evidence, and then decide how much the victim is entitled to for their injuries. It is possible, however, that defendants would prefer to go to court instead of settling. This is particularly true in the event that the plaintiff's asbestos law firm has secured large verdicts in mesothelioma cases.
Asbestos sufferers may also be able to file claims through the asbestos trust fund, which was put by companies that once produced and distributed asbestos products to pay for asbestos related liabilities. These funds are set aside for those who were exposed to asbestos in the workplace as well as veterans. However, some of these funds have been drained to the point that they are no longer able to pay mesothelioma sufferers full compensation.
Trial
The goal of an asbestos lawsuit is to obtain compensation for your medical expenses or loss of income, as well as other damages. The amount of compensation is usually based on the length of your exposure and the type of asbestos that you were exposed to. A victim may have been exposed to multiple kinds of asbestos when working in a power plant, shipyard or other industrial setting. A mesothelioma lawyer should be knowledgeable about the various types of asbestos and their effects on various diseases.
In an asbestos lawsuit the defendants could have different attitudes towards compensating victims. They may also use several tactics to avoid paying claims. Your attorney will be able anticipate these tactics and ensure your case is handled swiftly. The defendant is often attempting to delay the process by filing frivolous, unsubstantiated motions that are most likely to be denied. Our experienced mesothelioma attorneys are able to stop these kinds of tactics and ensure that your case gets resolved quickly.
Your mesothelioma lawyer will prepare a trial strategy and submit it to court once evidence has been collected. A successful trial requires extensive preparation and attention to the smallest details. The plan will be adapted to your specific situation because the jury's decision will be based on their understanding of the evidence and how it relates to your case.
A successful verdict could mean an amount that is substantial for you or a loved one. If the defendants do not appeal the verdict, you can receive payments within a few months of the trial.
Defendants have the option of appealing the decision, however this will delay any monetary award until the appeal is concluded. They may also decide to pay a lesser amount or nothing at all. In 2022 the jury awarded $43 million to a woman who worked in a factory that used asbestos fire doors.
The time to file an asbestos claim or lawsuit varies according to the state, however generally speaking, the statute of limitations starts as soon as you are diagnosed mesothelioma. Families of deceased victims may also be able file an action for mesothelioma-relatedwrongful death.