How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure can result in compensation being given to the victim or their loved ones. Each case is unique however there are some elements that are common to all.
A lawyer will determine if you were exposed to asbestos and which companies are responsible. Many asbestos manufacturers have filed for bankruptcy and set up trusts in bankruptcy to allow people to file claims.
Claim your Benefits
Every asbestos case is unique however, there are a few aspects that are common to most claims. For a plaintiff to win their case, they must prove that they were exposed to asbestos, suffer from mesothelioma or another asbestos-related diseases and have suffered injuries due to the exposures.
Asbestos lawsuits typically are founded on an individual injury claim or wrongful death claim. In a personal injury suit the person suffering 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. Wrongful death lawsuits are filed on behalf of family members who have lost loved ones to mesothelioma or another asbestos-related disease.
It is important to submit an asbestos lawsuit as quickly as you can, since there are strict statutes of limitations in place. The precise statutes of limitation will differ from state state and can be as brief as one year. A mesothelioma lawyer will help victims determine if they are qualified to bring an asbestos lawsuit and what the best timeframe is to file their claim.
In a mesothelioma case the plaintiff seeks compensation for medical expenses, lost wages and other expenses associated with the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.
Mesothelioma can only be caused by exposure to asbestos. Major companies knew of the dangers associated with asbestos but didn't inform workers or the general public. An asbestos attorney can examine a person's employment history and military service records to find the source of their exposure.
A seasoned mesothelioma lawyer will also review the client's business, home, and insurance policies to find potential sources of exposure. They can then make use of this information to develop an outline of the person's asbestos exposure and determine if any additional sources of exposure are present.
The majority of mesothelioma claims are made against manufacturers, distributors or sellers of asbestos-containing products. Columbia asbestos attorneys can be sued on the grounds of strict liability, negligence or product liability. The asbestos lawyers will generally claim that the defendants were negligent in failing to exercise reasonable care while making, selling, or utilizing their products. They will also claim that the defendants did not provide proper warnings of the dangers associated with their products.
The Discovery Phase
After filing your lawsuit the lawyers for the defendants will initiate an exchange of information, also known as discovery. This may include documents such as medical documents and corporate records but also statements made in interviews under oath, called depositions. Your attorney will assist you prepare for a deposition and will be available to assist you during the procedure. In fact, the top New York mesothelioma attorneys will conduct their own research in this phase of the litigation to gather essential evidence that proves your claim and assists you to receive the maximum amount of compensation.
The defendants may attempt to hide any evidence that proves their negligence or inaction led to the illness, but a skilled asbestos lawyer will ensure to uncover the facts. Your lawyer will go through documents that are obtained through discovery and search for evidence that shows whether you were exposed to other products or activities that could have led to mesothelioma.
The mesothelioma discovery process can take months, and you'll likely feel like there is nothing happening during that time. However your lawyer will be hard at work combing through the data gathered during this stage of the legal process to help strengthen your case.
One of the key elements of evidence that has aided victims obtain asbestos settlements is the company's own admissions through the litigation process. Many asbestos companies, for example, denied that their product caused cancer or breathing problems for decades. Their own internal documents were uncovered during the lawsuits. They showed that they knew of the hazards associated with asbestos but did not warn consumers and workers.
After examining all evidence available in your case, your lawyer will help you determine if an out-of-court settlement is a viable option. Most asbestos cases are settled outside of court instead of going to trial. This lets victims get their money more quickly and eliminates the risk of losing in court. An experienced lawyer 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 awarded depends on the specific facts of the case. The type of asbestos-related disease can affect the value of the claim. Mesothelioma is the most severe type of asbestos-related disease, could result in a higher settlement for the victims or their families.
A NYC mesothelioma lawyer may file a lawsuit to recover damages such as medical expenses, lost wages as well as pain and suffering and loss of companionship. If a loved one has died from mesothelioma, or an asbestos-related disease, the remaining family members can file a wrongful-death lawsuit.
Compensation in a mesothelioma lawsuit can be difficult to estimate. Lawyers can look over a victim's work and military history to determine if asbestos might have been used. They can then determine which companies were responsible for exposure to asbestos. An attorney for mesothelioma can examine the symptoms of a victim against those of previous cases to determine a fair settlement range.
Lawyers usually take on these cases as contingency fees, meaning that they do not get paid until their client receives money. The attorney will pay for all reasonable expenses associated with the case, and will be reimbursed through the settlement or verdict.
A jury will consider the evidence and decide how much compensation a victim is entitled to for their injuries. It is also possible that the defendants will prefer to go to trial instead of agreeing to a settlement. This is especially true in the event that the plaintiff's asbestos law firm has gotten significant verdicts in mesothelioma cases.
Asbestos victims may also be eligible to make claims through the asbestos trust fund, which was set up by companies who once produced and distributed asbestos-based products to pay for asbestos related liabilities. These funds are set aside for those who were exposed to asbestos on the job as well as veterans. However certain funds have been drained to the point where they are no longer able pay mesothelioma sufferers full compensation.
Trial
The purpose of a asbestos lawsuit is to obtain compensation for medical expenses, loss of income and other damages. The amount of compensation is usually based on the length of your exposure and type of asbestos you were exposed to. For instance, a victim might have been exposed multiple types of asbestos while working on an energy plant or in the shipyard. A mesothelioma attorney should be knowledgeable about the various types of asbestos and their effects on various diseases.
The defendants in an asbestos lawsuit have varying views on compensating victims and may resort to various strategies to avoid paying claims. Your lawyer will be able anticipate these tactics and ensure your case is handled swiftly. The defendant will often attempt to delay the process by filing frivolous, unfounded motions that are most likely to be rejected. Our mesothelioma lawyers have experience and know how to thwart these kinds of tactics and ensure that your case gets resolved promptly.
After the evidence has been collected, your mesothelioma lawyer will prepare a trial plan and present it to the court. A successful trial requires careful preparation and attentiveness. The plan will be tailored to your specific circumstances, as the jury's decision is contingent on their understanding of the evidence.
A successful verdict could result in an amount that is substantial for you or loved ones. If the defendants do not appeal the verdict, you could receive payments within a few months following the trial.
Defendants may decide to appeal a decision. However, this may delay any financial award. They can also decide to pay less or no payment. In 2022, the jury gave $43 million to a woman employed in a factory that had asbestos fire doors.
The time limit for filing an asbestos lawsuit or claim can vary by state. However, in the majority cases, it begins when you are diagnosed with mesothelioma. Families of deceased victims could also be able to file an action against mesothelioma for wrongful death.