How to File an Asbestos Exposure Lawsuit

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

A lawyer will determine where you were exposed to asbestos and which companies are accountable. Many asbestos producers went bankrupt and established bankruptcy trusts for people to claim compensation.

File a Claim

Each asbestos case is unique however, certain aspects are common to all. In order for a plaintiff to prevail in their claim, they must show that they were exposed to asbestos, suffer from mesothelioma, or any other asbestos-related illness and they have suffered damages as a result of those exposures.

The asbestos lawsuits typically include a personal injury or wrongful death claim. In a personal injury lawsuit one suffers from mesothelioma files a suit against the companies that produced or sold 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 loved ones to mesothelioma or an asbestos-related illness.

The statute of limitations is very strict and you should submit your asbestos lawsuit as quickly as possible. The exact statutes of limitations will differ from state state and can be as short as a year. A mesothelioma lawyer will help victims determine if they are eligible to bring an asbestos lawsuit and what the best time frame for filing their claim.

In a mesothelioma-related case the plaintiff seeks compensation for medical expenses, lost wages and other costs associated with the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.

Mesothelioma is only caused by asbestos exposure. The dangers of asbestos were known to major corporations, however they did not inform their workers or the public. An asbestos attorney can examine the history of a person's employment and military service records to determine the source of their exposure.

An experienced mesothelioma lawyer will also examine the client's home, business and auto insurance records to identify potential sources of exposure. They can then make use of this information to develop a timeline of the individual's asbestos exposure and determine if any additional sources of exposure are present.

The majority of mesothelioma claims are filed against the manufacturers, distributors or sellers of asbestos-containing products. They are liable for negligence, strict liability or product liability. The asbestos lawyers will assert that the defendants were negligent as they did not exercise reasonable care when producing, selling or using their products. They will also assert that the defendants failed to provide proper warnings of the dangers associated with their products.

The Discovery Phase

After filing your lawsuit, the lawyers for the defendants will begin an exchange of information known as discovery. This may include documents like corporate and medical records however, it also includes statements made under oath during interviews, which are known as depositions. Your attorney will assist you in preparation for a deposition and will be present during the process. In reality, the top New York mesothelioma attorneys will conduct their own research in this phase of the litigation process to collect crucial evidence that supports your claim and assists you to get maximum compensation.

An experienced asbestos lawyer will uncover any evidence that shows the defendants' inaction or negligence caused your condition. In addition to examining documents received through discovery, your lawyer will also look for information that indicates whether you were exposed to other products or activities that could have led to mesothelioma, such as smoking cigarettes.

You might think that there is nothing happening when the mesothelioma investigation process takes months. Your lawyer will be analysing the data gathered during this stage of the legal process in order to help you win your case.

The company's own admissions throughout the litigation process was an important finding that has allowed asbestos victims to obtain settlements. Many asbestos companies, for example, denied that their products caused cancer and breathing problems for a long time. However, their internal documents surfaced during the lawsuits, showing that they knew about asbestos's dangers, but did not inform consumers and workers.

Your lawyer will help you determine if a settlement outside of court is the most appropriate solution for your situation after reviewing all evidence. The vast majority of asbestos cases reach settlements rather than going to trial because this allows victims to receive compensation more quickly and avoid the possibility of losing at trial. An experienced attorney can negotiate the most favorable settlement for you, and also evaluate any offer made by defendants.

Settlements

In many civil cases, the amount of compensation given based on the facts. For example, the type of asbestos-related disease can determine how much a claim is worth. Mesothelioma is the most severe type of asbestos attorney-related illness, can result in a higher settlement for the victims or their surviving family members.

Lawsuits can be filed through an experienced NYC mesothelioma lawyer firm to get compensation for medical expenses as well as lost income and suffering and suffering and loss of companionship, among other damages. If a loved one has died from mesothelioma or another asbestos-related disease, the surviving family members can file a wrongful-death lawsuit.

The compensation in a lawsuit involving mesothelioma can be difficult. An attorney can look over a victim's military and work history to see where and when asbestos was most likely to be employed. They can identify which companies were responsible for asbestos exposure. A mesothelioma lawyer can examine the symptoms of a victim against those of previous cases to determine a reasonable settlement amount.

Lawyers usually take on these cases as contingency fees, meaning that they don't get paid unless their client is able to receive money. The attorney will advance all reasonable case-related expenses, and then they are reimbursed out of the verdict or settlement.

A jury will listen to the evidence and decide on the amount a victim should be compensated for their injuries. It is possible that defendants might want to go to court instead of settlement. This is especially the case in the event that the plaintiff's asbestos law firm has gotten large settlements in mesothelioma lawsuits.

Asbestos sufferers can also pursue claims through asbestos trust funds which were established by companies that once manufactured and distributed asbestos-related products to pay for asbestos-related liabilities. These funds are set aside for those who were exposed to asbestos in the workplace and also veterans. Some of these funds are depleted and they can not be used to pay the full amount of compensation to mesothelioma sufferers.

Trial

The aim of a asbestos lawsuit is to recover compensation for your medical expenses, loss of income and other damages. The amount of compensation is usually determined by the duration of your exposure and type of asbestos that you were exposed to. A victim could have been exposed to multiple kinds of asbestos while working in a power plant, shipyard or in other industrial settings. A mesothelioma lawyer should be knowledgeable about the various types of asbestos and their effects on a variety of diseases.

The defendants in an asbestos lawsuit have varying opinions about compensating victims. They may resort to various strategies to avoid paying for claims. Your lawyer must be able anticipate these strategies to ensure that your case proceeds quickly. The defendant will often try to delay the process by filing frivolous and unfounded motions which are likely to be denied. Our experienced mesothelioma attorneys are able to stop these kinds of tactics and ensure that your case gets resolved promptly.

Your mesothelioma lawyer will then create a trial strategy and present it to the court after the evidence has been taken. A successful trial requires meticulous preparation and attention. The plan will be adapted to your specific circumstances, as the jury's verdict will be based on their understanding of the evidence and how it relates to your particular case.

A successful verdict could result in an enormous amount of money for you or loved ones. If the defendants do not appeal the verdict, you could receive payments within a few months of the trial.

Defendants have the option of appealing the verdict, but this will delay any monetary award until the appeal is concluded. They may also choose to pay less or no payment. In 2022 the jury handed out $43 million to a woman who worked in a factory that used asbestos fire doors.

The deadline to file an asbestos claim or lawsuit varies by state, however in general, the statute of limitations starts when you are diagnosed with mesothelioma. Family members of a victim who died may be able to make a mesothelioma wrongful-death lawsuit.