How to File an Asbestos Exposure Lawsuit
An asbestos exposure lawsuit could result in compensation for a victim or 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 of the asbestos manufacturers went bankrupt and set up trusts to help people make claims.
File a Claim
Every asbestos case is different however there are some aspects that are common to most claims. To win their claim, they need to prove that they were exposed to asbestos, have a mesothelioma or other asbestos-related diseases and have suffered injuries as a result of the exposures.
The asbestos lawsuits typically involve either a personal injury or death claim. In Fayetteville asbestos lawyers from mesothelioma files a lawsuit against the companies who manufactured or sold asbestos-based products they were exposed to at the workplace or during military service. Families who have lost loved one to mesothelioma, or another asbestos-related illness are able to file wrongful death lawsuits.
The time limit for filing a lawsuit is extremely strict and you should submit your asbestos lawsuit as quickly as possible. The specific statutes of limitations will differ from state state and may be as short as a year. A mesothelioma lawyer can assist victims determine if they are qualified to bring an asbestos lawsuit and what the best time frame to file their claim.
In a mesothelioma-related case, the plaintiff seeks compensation for medical expenses, lost wages and other expenses incurred by the disease. Settlements for mesothelioma patients can reach hundreds of thousands or even more.
Asbestos exposure is the sole known cause of mesothelioma. The risks of asbestos were well-known to major corporations, however they didn't inform their workers or the public. An asbestos attorney can review a person's employment history and military service records to identify the source of their exposure.
A mesothelioma lawyer will also review the client’s auto, home and business insurance records to find possible sources of exposure. They can then use this information to develop a timeline of the individual's asbestos exposure and determine if other sources of exposure exist.
The majority of mesothelioma lawsuits are filed against sellers, distributors, or manufacturers of asbestos-containing products. They are liable for negligence, strict liability, or product liability. The asbestos lawyers generally claim that the defendants were negligent in not exercising reasonable care while making, selling or utilizing their products. They will also claim that the defendants failed provide adequate warnings about the risks associated with their products.
The Discovery Phase
When you start your lawsuit and your lawyer, the defendants begin the process of discovery. This could 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 you prepare for a deposition and be present to assist you throughout the procedure. In fact, the best New York mesothelioma attorneys will conduct their own research during this stage of the litigation to gather crucial evidence that supports your claim and allows you to get maximum compensation.
Defendants may try to bury any evidence that proves their negligence or inaction has caused your condition, but a skilled asbestos lawyer will ensure to uncover these facts. In addition to reviewing documents uncovered through discovery, your attorney will also look for information indicating whether you were exposed to other substances or activities that could have caused mesothelioma. This includes smoking.
The mesothelioma discovery process can take months and you will likely feel like there is nothing happening during this time. However your lawyer will be at work, scouring through the data gathered during this stage of the legal process to strengthen your case.
One of the key elements of evidence that has aided victims get asbestos settlements is the company's own admissions made during the litigation process. For example, many asbestos companies had for years denied that their product could cause breathing issues and cancer. The company's internal documents were exposed during the litigation. They showed that they knew of the dangers associated with asbestos, but failed to warn consumers and workers.
Your lawyer will help determine if a settlement outside of court is the most appropriate solution for your situation after analyzing all evidence. The majority of asbestos cases are settled outside of court rather than going to trial. This lets victims get their money quicker and avoids the risk of losing at trial. An experienced attorney can negotiate the most favorable settlement on your behalf. They will review any offers from the defendants to determine whether they are fair.
Settlements
In many civil cases the amount of compensation that is given based on the facts. The type of asbestos-related illness can impact the value of an claim. Mesothelioma, the most severe type of asbestos-related disease, could result in a bigger settlement for victims or their families.
Lawsuits can be filed through an experienced NYC mesothelioma law firm in order to seek compensation for medical expenses as well as lost income as well as pain and suffering as well as loss of companionship and other damages. If a loved one has died from mesothelioma, or an asbestos-related disease, the remaining family members may file a wrongful death lawsuit.
The compensation in a lawsuit involving mesothelioma can be difficult. A lawyer can review the victim's military or work history to see the places and times when asbestos was most likely to be employed. They can determine which companies were responsible for exposure to asbestos. A mesothelioma lawyer can examine the symptoms of a victim against the symptoms of cases before to determine a fair settlement amount.
Typically, lawyers work on these cases on a contingent basis, which means they do not get paid until they have recovered funds for their client. The lawyer will pay for all reasonable case-related expenses and will be reimbursed out of the settlement or verdict award.
A jury will listen to the evidence and decide on the amount an individual victim is entitled to for their injuries. However, it is possible that the defendants will prefer to go to trial instead of agreeing to an agreement. This is particularly true when the plaintiff's asbestos law firm has secured large verdicts in mesothelioma cases.
Asbestos victims may also be eligible to make claims through asbestos trust fund, which was set up by companies who once manufactured and distributed asbestos product to cover asbestos related liabilities. These funds are reserved for those who have been exposed to asbestos while at work as well as veterans. Some of these funds are depleted and will no longer pay the full amount of compensation to mesothelioma sufferers.
Trial
An asbestos lawsuit is designed to compensate you for medical expenses, lost income, and other damages. The amount of compensation is usually determined by the duration of your exposure as well as the type of asbestos you were exposed to. A victim may have been exposed to multiple kinds of asbestos when working in the shipyard, power plant or other industrial setting. So, a mesothelioma lawyer should be aware of the different types of asbestos and the ways it can cause various diseases.
The defendants in an asbestos lawsuit may have different opinions about compensating victims. They may resort to several tactics to avoid paying claims. Your attorney should be able anticipate these tactics to ensure that your case proceeds quickly. The defendant will often attempt to delay the process by filing frivolous and unfounded motions that are most likely to be denied. Our mesothelioma lawyers have experience in defying these tactics and ensuring that your case gets completed quickly.
Once the evidence has been gathered, your mesothelioma attorney will create a trial plan and present it to the court. A successful trial requires thorough preparation and attention to particulars. The strategy will be tailored to suit your particular situation, since the jury's verdict will be based on how they understand the evidence.
A successful verdict could result in a significant amount for you or your loved ones. If the defendants don't appeal the verdict, you may receive payments within a few months of the trial.
Defendants can choose to appeal a ruling. However, this could delay any financial award. They can also opt to pay a lesser amount or nothing at all. In 2022 the jury gave $43 million to an employee of a factory that used asbestos fire doors.
The time frame for filing an asbestos lawsuit or claim varies by state, however in most cases the statute of limitations starts when you are diagnosed with mesothelioma. Families of victims who have passed away may be able to file a lawsuit for mesothelioma-related wrongful death.