How to File an Asbestos Exposure Lawsuit

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

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

File a Claim

Every asbestos case is unique however, there are a few aspects that are common to all claims. To be successful in a claim, a plaintiff must prove that they were exposed, have mesothelioma, or a different asbestos-related illness, and that they have suffered damages.

Asbestos lawsuits usually are founded on the basis of a personal injury or wrongful death claim. In a personal injury lawsuit the person suffering from mesothelioma files a suit against the companies that manufactured or sold the asbestos-based products they were exposed to at the workplace or during military service. Wrongful death lawsuits are filed on behalf of family members who have lost loved ones to mesothelioma or another asbestos-related illness.

It is essential to file an asbestos lawsuit as quickly as you can, since there are tight statutes of limitations in place. State-by-state, the statutes of limitation can be as short as a year. A mesothelioma lawyer can help a victim determine whether they are eligible to bring an asbestos lawsuit and what the ideal timeframe may be for filing a case.

A mesothelioma suit seeks financial compensation to pay for medical expenses, lost income and other costs associated with the illness. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements.

Asbestos exposure is the only known cause of mesothelioma. The risks of asbestos were well-known to major corporations, however they did not warn their employees or the general public. An asbestos lawyer (go to Postheaven) can examine the person's employment history and military documents to determine the cause of exposure.

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

The majority of mesothelioma lawsuits are filed against manufacturers, distributors or sellers of asbestos-containing products. They can be sued on the basis of strict liability, negligence, or product liability. Generally, the asbestos lawyers will argue that these defendants were negligent because they failed to exercise reasonable care when producing, selling or using their products. They will also argue that the defendants failed to give adequate warnings about the risks associated with their products.

The Discovery Phase

When you start your lawsuit and your lawyer, the defendants begin an exchange called discovery. This could include documents like medical documents and corporate records but also statements made during interviews under oath, referred to as depositions. Your attorney will assist you prepare for depositions and will be available to assist you during the process. In fact, the top New York mesothelioma attorneys will conduct their own research during this phase of the lawsuit to gather essential evidence that proves your claim and allows you to obtain the maximum amount of compensation.

Defense attorneys may attempt to conceal any evidence that shows their negligence or inaction led to your illness, but a skilled asbestos lawyer will be sure to uncover these facts. In addition to looking over documents received through discovery, your lawyer will also search for evidence indicating whether you were exposed to any other substances or actions that could have triggered mesothelioma. For instance, smoking.

The process of identifying mesothelioma can take months and you will likely feel like there is nothing happening during that time. However your lawyer will be hard at work analyzing the data gathered during this part of the legal process to strengthen your case.

The company's own admissions during the litigation process have been a key discovery which has helped asbestos victims obtain settlements. For instance, many asbestos companies denied for decades that their asbestos product could cause breathing problems and cancer. However, their internal documents came out during the lawsuits, showing that they knew about asbestos's dangers, but failed to warn consumers and workers.

After examining all evidence available in your case the lawyer will help you determine if an out-of-court settlement is the best option. Most asbestos cases are settled out of court, rather than going to trial. This lets victims get their money more quickly and avoids the risk of losing at trial. An experienced attorney can negotiate the most favorable settlement for you and assess any offer made by 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 type of asbestos-related disease, could result in a larger settlement for the victim or their surviving family members.

A NYC mesothelioma lawyer may bring a lawsuit in order to seek damages like medical expenses, lost wages or income, pain and suffering and loss of companionship. If someone close to you has died from mesothelioma or another asbestos-related disease, the remaining family members may file a wrongful death lawsuit.

Compensation in a lawsuit for mesothelioma may be difficult. Lawyers can look over the work of a victim as well as military history to determine if asbestos could have been employed. They can determine the companies responsible for asbestos exposure. A mesothelioma attorney can also analyze the symptoms of a patient against similar cases in the past to determine a fair settlement range.

Lawyers typically handle these cases as contingency fees, meaning that they don't get paid until their client receives money. The lawyer will cover any reasonable expenses incurred in the case, and they will be reimbursed through the verdict or settlement.

A jury will consider the evidence and decide if the victim should be compensated for their injuries. It is also possible that the defendants will want to go to trial instead of reaching a settlement. This is especially the case if the plaintiff’s asbestos attorneys law firm has won large settlements in mesothelioma lawsuits.

Asbestos victims might also be able to make claims through asbestos trust fund, which was put by companies that manufactured and distributed asbestos product to pay for asbestos-related liabilities. These funds are reserved for those exposed to asbestos in the workplace, including veterans. Some of these funds are depleted and they can no longer pay full compensation to mesothelioma patients.

Trial

A lawsuit involving asbestos is intended to compensate you for medical expenses, lost income and other damages. In general, the amount you receive is based on the length of your exposure and the kind of asbestos you were exposed to. For instance, a person may have been exposed to various kinds of asbestos while working on an energy plant or in an shipyard. A mesothelioma lawyer should be knowledgeable about the various kinds of asbestos and their effects on a variety of diseases.

In a lawsuit involving asbestos, the defendants may have different opinions about paying compensation to victims. They may also use various strategies to avoid paying claims. Your attorney must be able to recognize these tactics and ensure your case moves forward expeditiously. For example, defendants will try to delay the process by filing frivolous motions that are most likely to be rejected by the judge. Our mesothelioma lawyers have experience in securing the outcome of these strategies and ensuring that your case gets resolved quickly.

Your mesothelioma lawyer will then develop a trial plan and present it to the court once the evidence is gathered. A successful trial requires meticulous preparation and attentiveness. The plan will be tailored to your specific circumstances because the jury's decision will be based on their understanding of the evidence and how it is applied to your particular case.

A victory could mean an amount that is substantial for you or loved ones. If the defendants do not contest the verdict, payment can be made within a few weeks of the trial.

Defendants may choose to appeal the verdict, but this will delay any monetary award until the appeal is completed. They can also opt to pay a smaller amount or even nothing at all. In 2022, a jury awarded $43,000,000 to a worker working in a plant that used asbestos fire doors.

The time frame for filing an asbestos lawsuit or claim differs by state, but in most cases the statute of limitations begins as soon as you are diagnosed with mesothelioma. Additionally, family members of a victim who died may be able to make a mesothelioma wrongful-death lawsuit.