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 different however, there are some aspects that are common.
An attorney will determine where asbestos exposure occurred and which companies are liable. Clifton asbestos lawsuit went bankrupt and established trusts in bankruptcy for people to make claims.
File a Claim
Each asbestos case is different however, certain aspects are common to all. To win a claim the plaintiff must prove that they were exposed, suffer from mesothelioma, or a different asbestos-related disease, and suffered losses.
Asbestos lawsuits usually are founded on an individual injury claim or wrongful death claim. In a personal injuries lawsuit, a person who has mesothelioma sues companies that produced or sold asbestos-based products to whom they were exposed while at work or in military service. The lawsuits for wrongful death are filed on behalf of family members who have lost loved loved ones to mesothelioma or an asbestos-related illness.
It is essential to start an asbestos lawsuit as soon as you can because there are strict statutes of limitations in place. The precise statutes of limitation will vary from state to state and may be as short as one year. An attorney for mesothelioma can assist a patient to determine if they are able to make an asbestos lawsuit, and what the most appropriate timeframe could be for filing their case.
In a mesothelioma case the plaintiff seeks compensation for medical expenses, lost wages, and other costs associated with the illness. Settlements for mesothelioma patients can be in the hundreds of thousands or even more.
Mesothelioma is only caused by asbestos exposure. The dangers of asbestos were known to major corporations, however they didn't inform their workers or the public. An asbestos attorney can review the person's work history and military service records to find the source of their exposure.
An experienced mesothelioma lawyer will also review the client's home, business and insurance policies to find possible sources of exposure. They can then make use of this information to develop a timeline of the individual's asbestos exposure and determine if additional sources of exposure exist.
The majority of mesothelioma lawsuits are filed against the manufacturers, distributors or sellers of asbestos-containing products. They can be sued on the basis of strict liability, negligence, or product liability. In general, asbestos lawyers will assert that these defendants were negligent as they failed to exercise reasonable care when manufacturing selling, selling or utilizing their products. They will also argue that the defendants did not give adequate warnings about the risks associated with their products.
The Discovery Phase
After filing your lawsuit the lawyers representing the defendants will initiate an exchange of information called discovery. This may include documents like medical documents and corporate records but also statements made in interviews under oath, referred to as depositions. Your lawyer will assist you in preparation for a deposition and will be present during the proceedings. The best New York mesothelioma lawyers will conduct their own research in order to gather evidence that can support your claim and will help you receive the maximum amount of compensation.
An experienced asbestos lawyer will find any evidence that proves the defendants' negligence or inaction led to your illness. Your lawyer will go through documents obtained through discovery and look for evidence that shows whether you were exposed to other products or activities that could have caused mesothelioma.
It is possible to feel like nothing is happening, while the mesothelioma investigation process takes months. However your lawyer will be at work analyzing the data gathered during this part of the legal process in order to improve your case.
One of the key elements of discovery that has helped victims obtain asbestos settlements is the company's own admissions made during the litigation process. For instance, a lot of asbestos companies denied for decades that their asbestos products could cause breathing problems and cancer. However, their internal documents came out during the lawsuits, revealing that they knew about asbestos' dangers but failed to warn consumers and workers.
After examining all the evidence available in your case, your lawyer will help you determine if an out-of-court settlement is a good option. The vast majority of asbestos cases reach settlements rather than going to trial, because this allows the victims to receive money faster and avoid the risk of a loss in the event of a trial. An experienced lawyer can negotiate the best settlement for you and evaluate any offers made by defendants.
Settlements
In a lot of civil cases, the amount of compensation awarded will depend on the case facts. For instance, the nature of asbestos-related illness can determine how much a claim is worth. Mesothelioma is the most serious type of asbestos-related disease, so those who suffer from it or their surviving family members may receive larger settlements than those who suffered other types of exposure.
Lawsuits can be filed through an experienced NYC mesothelioma law firm in order to get compensation for medical expenses as well as lost income and pain and suffering and loss of companionship, among other damages. Surviving family members can also bring a wrongful death lawsuit in the event that a loved one has died from mesothelioma or another asbestos-related illness.
Compensation in a lawsuit for mesothelioma may be difficult. A lawyer can review the victim's military or work history to determine the places and times when asbestos was most likely to be used. They can identify the companies responsible for exposure to asbestos. An attorney for mesothelioma can analyze the symptoms of a patient against similar cases in the past to determine a reasonable settlement amount.
Lawyers typically handle these cases as contingency fees, meaning that they don't get paid unless their client is able to receive money. The attorney will advance all reasonable case-related expenses and will be paid out of the verdict or settlement.
A jury will listen to the evidence, and then decide on how much the victim is entitled to for their injuries. It is also possible that the defendants will prefer to go to trial instead of settling an agreement. This is particularly true when the asbestos law firm has had success in obtaining large verdicts in mesothelioma trials.
Asbestos victims may also be able to file claims through asbestos trust fund, which was put by companies that once produced and distributed asbestos-based products to cover asbestos-related liabilities. These funds are for those exposed to asbestos while at work, including veterans. However some of these funds have been drained to the point that they are no longer able to provide mesothelioma patients with full compensation.
Trial
The purpose of an asbestos lawsuit is to seek compensation for medical expenses as well as loss of income and other damages. Generally, these awards are based on the length of your exposure and the type of asbestos you were exposed to. A victim may have been exposed multiple types of asbestos while working in a power plant, shipyard or in other industrial settings. A mesothelioma lawyer should be aware of the various kinds of asbestos and their effects on different diseases.
In an asbestos lawsuit the defendants may have different attitudes towards compensating victims. They may also use various strategies to avoid paying claims. Your lawyer should be able to anticipate these strategies to ensure your case proceeds quickly. The defendant is often attempting to delay the process by filing frivolous, unsubstantiated motions that are likely to be denied. Our experienced mesothelioma attorneys know how to thwart these tactics and ensure that your case gets resolved promptly.
After 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 attentiveness. The strategy will be tailored to your specific circumstances, as the jury's decision will depend 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 don't appeal the verdict, payments are made within a few weeks after the trial.
Defendants may choose to appeal the verdict, but this will delay any monetary award until the appeal is complete. They may also choose to pay a smaller amount or none at all. In 2022, the jury awarded $43,000,000 to a woman employed in a factory that had asbestos fire doors.
The time to file an asbestos claim or lawsuit varies by state, but 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.