How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure could result in compensation being paid to the victim or their loved ones. Each case is different, but there are certain elements that are common to all.
An attorney will determine where exposure to asbestos occurred and which companies are responsible. Many asbestos manufacturers have filed for bankruptcy and set up trusts in bankruptcy that allow people to claim compensation.
File a Claim
Each asbestos case is unique however certain aspects are common to all. To win a case, a plaintiff must prove that they were exposed, suffer from mesothelioma or another asbestos-related illness, and that they have suffered damages.
Asbestos lawsuits typically are based on an individual injury claim or wrongful death claim. In a personal injury suit one suffers from mesothelioma files a lawsuit against the companies that produced or sold the asbestos-based products they were exposed to at the workplace or during military service. Families who lost a loved one to mesothelioma, or any other asbestos-related illness, can file wrongful death lawsuits.
The statute of limitations is extremely strict and you should start your asbestos lawsuit as quickly as possible. State-by-state the statutes of limitation can be as short as a year. A mesothelioma lawyer can assist a patient to determine whether they are eligible to make an asbestos lawsuit, and what the most appropriate timeframe might be for filing their case.
A mesothelioma lawsuit seeks financial compensation to cover medical expenses loss of income, as well as other costs related to the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements.
Mesothelioma can only be caused by exposure to asbestos. The risks of asbestos were known to large companies, but they didn't inform their employees or the general public. An asbestos attorney can look over the person's work history and military service records to determine the source of their exposure.
Plano asbestos attorney seasoned mesothelioma lawyer will also examine the client's business, home, 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 other sources of exposure exist.
The majority of mesothelioma lawsuits are filed against asbestos-containing products manufacturers, distributors, or sellers. They can be sued on the grounds of strict liability, negligence, or product liability. In general, asbestos lawyers will argue that the defendants were negligent as they failed to exercise reasonable care when producing or selling their products. They will also claim that the defendants did not give adequate warnings about the dangers associated with their products.
The Discovery Phase
When you file your lawsuit and your lawyer, the defendants start an exchange known as discovery. This may include documents like medical records and corporate records, but also statements made during interviews under oath, referred to as depositions. Your attorney will help you prepare for a deposition and will be present to assist you throughout the process. In reality, the top New York mesothelioma attorneys will conduct their own research in this phase of the lawsuit to gather essential evidence that proves your claim and allows you to receive the maximum amount of compensation.
Defense attorneys may attempt to conceal any evidence that shows their negligence or inaction has caused the illness however, a seasoned asbestos lawyer will be sure to uncover these facts. Your attorney will review documents that are obtained through discovery and search for evidence that suggests whether you were exposed other products or activities which could have led to mesothelioma.
The process of identifying mesothelioma can take months and you may feel like there is nothing happening during the time. Your lawyer will be busy studying the information collected during this stage of the legal process in order to help you win your case.
A key piece of evidence that has helped victims obtain asbestos settlements is the company's own admissions during the litigation process. Many asbestos companies, like did not admit that their products caused cancer and breathing problems for a long time. However, their internal documents were released in the lawsuits, revealing that they were aware of asbestos's dangers, but did not inform consumers and workers.
Your lawyer will help you determine if a settlement out of court is the most appropriate option for your case after reviewing all evidence. The vast majority of asbestos cases reach settlements instead of going to trial, because this allows victims to receive compensation faster and avoid the possibility of losing at trial. An experienced attorney will negotiate the best possible settlement on your behalf and will review any offers from the defendants to determine whether they are fair.
Settlements
In many civil lawsuits, the amount of compensation that is given based on the facts. For example, the type of asbestos-related illness can determine the amount an claim is worth. Mesothelioma is the most serious type of asbestos-related disease, so victims or their surviving family members can get larger settlements than those who suffered from other forms of exposure.
A NYC mesothelioma lawyer may file a lawsuit to recover damages, such as medical expenses as well as lost wages or income, pain and suffering and loss of companionship. If someone close to you has died from mesothelioma, or an asbestos-related disease, the remaining family members can file a wrongful-death lawsuit.
The compensation for mesothelioma lawsuits 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 the companies responsible for exposure to asbestos. An attorney for mesothelioma can compare a victim's symptoms with the symptoms of cases before to determine a fair settlement amount.
Typically, lawyers work on these cases on a contingent basis, meaning that they don't get paid unless they collect money for their client. The attorney will pay for any reasonable expenses incurred in the case, and are reimbursed from the settlement or verdict.
A jury will consider the evidence and decide if the victim should be compensated for their injuries. It is possible that defendants would prefer to go to court instead of settling. This is especially the case in the event that the plaintiff's asbestos law firm has experience winning large verdicts in mesothelioma cases.
Asbestos sufferers can also pursue claims through asbestos trust funds which were established by companies that produced and distributed asbestos-related products to pay for asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos while working as well as veterans. Some of these funds are depleted and they can no longer provide the full amount of compensation to mesothelioma sufferers.
Trial
The goal of an asbestos lawsuit is to recover compensation for medical expenses or loss of income, as well as other damages. The amount of compensation is usually dependent on the duration of your exposure and the type of asbestos you were exposed to. A victim might have been exposed multiple types of asbestos while working in the shipyard, power plant or in other industrial settings. Thus, a mesothelioma attorney must be knowledgeable about the different types of asbestos and how it can cause various illnesses.
The defendants in an asbestos lawsuit may have different views on compensating victims and may resort to several tactics to avoid paying for claims. Your attorney should be able anticipate these strategies to ensure that your case proceeds quickly. For instance, defendants may try to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers have experience in defying these tactics and making sure that your case is swiftly resolved.
Once the evidence is collected, your mesothelioma lawyer will create a trial plan and submit it to the court. A successful trial requires meticulous preparation and a keen eye. The plan will be tailored to your particular situation since the jury's verdict will depend on their understanding of the evidence and how it relates to your case.
A successful verdict can result in a significant amount for you or your loved one. If the defendants do not appeal the verdict, you may receive payments within a few months following the trial.
Defendants may choose to appeal the decision, however this will delay any financial award until the appeal is completed. They can also opt to pay less or nothing. In 2022, a jury awarded $43,000,000 to a woman employed in a factory that had asbestos fire doors.
The deadline to file an asbestos claim or lawsuit varies by state, however in most cases the statute of limitations starts as soon as you are diagnosed mesothelioma. Families of deceased victims may also be able to file an action for mesothelioma-relatedwrongful death.