How to File an Asbestos Exposure Lawsuit

An asbestos exposure lawsuit could result in a compensation payout for the victim or their loved ones. Every case is unique however there are some elements that are common.

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

Claim your Benefits

Each asbestos case is different however, certain aspects are common to all. To be successful in a claim, a plaintiff must prove that they were exposed, have mesothelioma or another asbestos-related disease, and suffered any damages.

Asbestos lawsuits usually are built around a personal injury claim or wrongful death claim. In a personal injury lawsuit, a person suffering from mesothelioma sues companies that manufactured or sold asbestos-based products to which they were exposed while at work or during military service. Families who lost a loved one to mesothelioma, or any other asbestos-related illness are able to file wrongful death lawsuits.

It is important to submit an asbestos lawsuit as soon as you can because there are strict statutes of limitations in place. The specific statutes of limitations differ from state to state and could be as brief as one year. A mesothelioma lawyer can assist a patient to determine whether they are eligible to make an asbestos lawsuit, and what the ideal timeframe might be for filing their case.

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

asbestos lawyers exposure is the only known mesothelioma causing factor. Major companies knew of the risks associated with asbestos, but didn't inform workers or the general public. An asbestos attorney (try this out) can review the history of a person's employment and military service records to find 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. This information can be used to create an asbestos exposure timeline for the individual and determine if there are other sources.

The majority of mesothelioma lawsuits are filed against asbestos-containing product manufacturers, distributors, or sellers. These companies can be sued for negligence, strict liability, or product liability. The asbestos lawyers will generally assert that the defendants were negligent for not exercising reasonable care in manufacturing, selling, or using their products. They will also assert that the defendants failed to provide proper warnings of the dangers of their products.

The Discovery Phase

When you file your lawsuit and your lawyer, the defendants begin the process of discovery. This can 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 preparation 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 stage of the litigation process to collect important evidence that supports your claim and helps you obtain the maximum amount of compensation.

The defendants may attempt to hide any evidence that shows their negligence or inaction caused your condition However, a knowledgeable asbestos lawyer will be sure to uncover these facts. In addition to examining documents received through discovery, your lawyer will also look for information that indicates whether you were exposed to any other substances or activities that could have caused mesothelioma. This includes smoking cigarettes.

The mesothelioma discovery process can take months, and you may feel like there is nothing happening during this period. However, your lawyer will be at work analyzing the information gathered in this phase of the legal process in order to improve your case.

The company's own admissions during the litigation process was an important discovery that has allowed asbestos victims to win settlements. For instance, a lot of asbestos companies have denied for years that their asbestos product could cause breathing problems and cancer. However, their internal documents came out in the lawsuits, revealing that they were aware of the dangers of asbestos but did not inform workers and consumers.

After examining all the evidence in your case the lawyer will help you determine if an out-of-court settlement is a viable option. The vast majority of asbestos cases settle settlements instead of going to trial, because this allows victims to receive compensation more quickly and avoid the possibility of losing at trial. An experienced lawyer 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 specific facts of the case. The type of asbestos-related illness can impact the value of an claim. Mesothelioma is the most severe form of asbestos-related illness, can result in a bigger settlement for victims or their survivors.

A NYC mesothelioma lawyer can make a claim to recover damages such as medical expenses as well as lost wages, pain and suffering, and loss of companionship. If someone close to you has died from mesothelioma, or an asbestos-related disease, the surviving family members can file a wrongful deaths lawsuit.

The compensation for mesothelioma lawsuits isn't always easy to determine. An attorney can review the work of a victim as well as military history to determine where asbestos could have been employed. Then they can determine which companies are responsible for the exposure to asbestos. An attorney for mesothelioma can analyze the symptoms of a patient against the symptoms of cases before to determine a fair settlement amount.

Typically, lawyers handle cases on a contingency basis, meaning that they don't get paid unless they collect money for their client. The lawyer will cover all reasonable expenses associated with the case, and will be reimbursed from the settlement or verdict.

A jury will hear the evidence and decide on how much compensation a victim is entitled to for their injuries. It is possible, however, that defendants would prefer to go to court instead of agreeing to settle. This is especially true when the plaintiff's asbestos law firm has won significant verdicts in mesothelioma cases.

Asbestos victims may also seek compensation through asbestos trust funds, which were established by companies that once manufactured and distributed asbestos products to cover asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos on the job, including veterans. Some of these funds are depleted and can not be used to pay the full amount of compensation to mesothelioma sufferers.

Trial

A lawsuit involving asbestos is intended to provide compensation for medical expenses, lost income, and other damages. The amount you receive is typically based on the length of your exposure and type of asbestos you were exposed to. A victim might have been exposed to a variety of asbestos while working in an energy plant, shipyard or in other industrial settings. Thus, a mesothelioma attorney should be familiar with every type of asbestos and how it can cause different diseases.

In an asbestos lawsuit the defendants may have different attitudes towards the compensation of victims. They could also employ various strategies to avoid paying out claims. Your lawyer must be able anticipate these strategies to ensure that your case is resolved quickly. For example, defendants will try to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers are experienced and are able to stop these types of tactics and ensure that your case gets resolved quickly.

Once the evidence is gathered, your mesothelioma attorney will create a trial plan and present it to the court. A successful trial requires meticulous preparation and a keen eye. The plan will be tailored to your specific circumstances, as the jury's verdict will be based on their understanding of the evidence.

A verdict that is successful could result in a significant amount for you or your loved ones. If the defendants do not appeal the verdict, then payments are due within a few weeks following the trial.

Defendants can choose to appeal a ruling. However, this will delay any monetary award. They may also choose to pay a lower amount or even nothing at all. In 2022, the jury awarded $43,000,000 to a worker employed in a factory that had asbestos fire doors.

The time to file an asbestos lawsuit or claim differs by state, but in general, the statute of limitations begins when you are diagnosed with mesothelioma. Additionally, family members of a deceased victim may be able to make a mesothelioma wrongful-death lawsuit.