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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure can result in compensation for a victim or their loved ones. Each case is unique, but there are certain elements that are common to all. An attorney will determine where asbestos exposure occurred and which companies are responsible. Many of the asbestos manufacturers went bankrupt and set up trusts in bankruptcy for people to file claims. File a Claim Each asbestos case is different, but some aspects are common to all. To win their claim, they must show that they were exposed to asbestos, they suffer from mesothelioma, or any other asbestos-related diseases and have suffered damage due to the exposures. Asbestos lawsuits usually are founded on an individual injury claim or wrongful death claim. In a personal injury suit the person suffering from mesothelioma files suit against the companies that produced or sold the asbestos-based products they were exposed to in the workplace or during military service. Families who have lost loved one to mesothelioma, or any other asbestos-related illness are able to file wrongful death lawsuits. It is crucial to file an asbestos lawsuit as soon as you can, since there are tight statutes of limitations in place. State-by-state the statutes of limitation could be as little as one year. A mesothelioma attorney can help a victim determine if they are able to make an asbestos lawsuit, and what the best timeline may be for filing a case. In a mesothelioma case, the plaintiff seeks compensation for medical expenses, lost wages, and other expenses incurred by the disease. Settlements for mesothelioma patients could be hundreds of thousands or even more dollars. Mesothelioma can only be caused by exposure to asbestos. Lafayette asbestos lawsuits of asbestos were known to large companies, but they did not warn their employees or the general public. An asbestos lawyer can examine the history of an individual's employment and military records to determine the source of exposure. An experienced mesothelioma lawyer will also examine the client's business, home, and auto insurance records to determine potential sources of exposure. This information can be used to develop an asbestos exposure timeline for the person and determine if there are additional sources. Most mesothelioma lawsuits are filed against asbestos-containing product manufacturers, distributors, or sellers. These companies can either be sued on the grounds of strict liability, negligence or product liability. The asbestos lawyers generally assert that the defendants were negligent for not exercising reasonable care when making, selling or using their products. They will also claim that the defendants did not provide proper warnings of the dangers of their products. The Discovery Phase After you file your lawsuit and your lawyer, the defendants start the process of discovery. This may include documents like medical and corporate records, however, it also includes statements made under oath in interviews referred to as depositions. Your lawyer will assist you in preparing for a deposition, and will be present during the deposition. The most effective New York mesothelioma lawyers will do their own research to find evidence that supports your claim, and assist you obtain the highest amount of compensation. Defense attorneys may attempt to conceal any evidence that proves their negligence or inaction caused your illness however, a seasoned asbestos lawyer will be sure to uncover these facts. Your attorney will review documents obtained through discovery and search for evidence that suggests whether you were exposed other products or activities which could have led to mesothelioma. It is possible to feel like nothing is happening while the mesothelioma examination process can take months. However your lawyer will be at work, scouring through the information gathered in this phase of the legal process in order to improve your case. A key piece of evidence that has aided victims get asbestos settlements is the company's own admissions during the litigation process. Many asbestos companies, for example, denied that their product caused cancer and breathing problems for decades. But their own internal documents surfaced during the lawsuits, revealing that they knew about the dangers of asbestos but failed to warn workers and consumers. Your lawyer will assist you determine if a settlement out of court is the best option for your case after reviewing all evidence. The majority of asbestos cases reach settlements rather than going to trial because this allows the victims to receive money quicker and reduce the possibility of losing in the event of a trial. An experienced attorney will negotiate the most favorable settlement for you and can assess any offers from the defendants to determine if they are fair. Settlements In many civil cases, the amount of compensation awarded depends on the facts. The type of asbestos-related illness can affect the value of an claim. Mesothelioma is the most serious form of asbestos-related illness and therefore, the victims or their family members may receive larger settlements than those who have suffered from other forms of exposure. A NYC mesothelioma lawyer can make a claim to recover damages, such as medical expenses, lost wages, pain and suffering, and loss of companionship. Family members of the deceased can file a wrongful death lawsuit when their loved ones died from mesothelioma or another asbestos-related disease. Compensation in a lawsuit for mesothelioma isn't easy. A lawyer can examine the work of the victim and their military history to determine where asbestos could have been used. They can then determine the companies responsible for exposure to asbestos. A mesothelioma lawyer can also evaluate the mesothelioma sufferer's symptoms with those of previous cases in order to come up with an acceptable range of settlement offer. Typically, lawyers take on cases on a contingency basis, which means they are not paid unless they collect money for their client. The lawyer is responsible for all reasonable expenses associated with the case, and will be reimbursed through the settlement or verdict. A jury will consider the evidence, and then decide if the victim should be compensated for their injuries. However, it is possible that defendants decide to go to trial instead of agreeing to a settlement. This is especially the case if the plaintiff’s asbestos law firm has secured large settlements in mesothelioma lawsuits. Asbestos sufferers can also seek compensation through asbestos trust funds, which were created by companies that once manufactured and distributed asbestos-related products to pay for 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 can not be used to provide full compensation to mesothelioma patients. Trial An asbestos lawsuit is intended to provide compensation for medical expenses, lost income and other damages. Generally, the amount you receive is based on the duration of exposure and the kind of asbestos you were exposed to. A victim may have been exposed to a variety of asbestos in a power plant, shipyard or in other industrial settings. A mesothelioma lawyer must be knowledgeable about the various kinds of asbestos and their effects on various diseases. The defendants in an asbestos lawsuit have diverse opinions about compensating victims. They may resort to several tactics to avoid paying for claims. Your lawyer will be able anticipate these tactics and ensure that your case is handled swiftly. For instance, defendants might try to delay the process by filing frivolous motions that are most likely to be rejected by the judge. Our mesothelioma lawyers are experienced in defying these tactics and ensuring that your case gets completed quickly. Your mesothelioma lawyer will create a trial strategy and present it to the court after the evidence has been taken. A successful trial requires careful preparation and attention. The plan will be adapted to your particular situation since the jury's verdict will be based on their understanding of the evidence and how it applies to your particular case. A successful verdict could result in an enormous amount of money for you or someone you love. If the defendants don't appeal the verdict, you could receive payments within a few months following the trial. Defendants have the option of appealing the verdict, but this will delay any financial award until the appeal is complete. They may also decide to pay a lesser amount or none at all. In 2022, the jury awarded $43,000,000 to a woman working in a plant that used asbestos fire doors. The deadline to file an asbestos lawsuit or claim varies according to the state, however generally speaking, the statute of limitations starts from the moment you are diagnosed with mesothelioma. In addition, the family members of a deceased victim might be able to bring a mesothelioma-related wrongful death lawsuit.