Now That You've Purchased Asbestos Exposure Lawsuit ... Now What?
How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure can result in compensation being paid to the victim or their loved ones. Each case is unique but there are common elements.
A lawyer will determine where you were exposed to asbestos and which companies are responsible. Many asbestos manufacturers have gone bankrupt and set up bankruptcy trusts that allow people to make claims.
File a Claim
Each asbestos case is different, but some aspects are common to all. To win a case, a plaintiff must show that they were exposed, suffer from mesothelioma or another asbestos-related illness, and that they have suffered any damages.
The asbestos lawsuits typically include the personal injury or wrongful death claim. In a personal injury lawsuit, a person who has mesothelioma sues the companies who made or sold asbestos-based goods to whom they were exposed at work or in military service. Families who lost a loved one to mesothelioma or any other asbestos-related illness, can file wrongful death lawsuits.
The time limit for filing a lawsuit is extremely strict, and you should start your asbestos lawsuit as quickly as possible. The exact statutes of limitations will differ from state state and could be as short as one year. A mesothelioma lawyer can help sufferers determine if they're eligible to bring an asbestos lawsuit and also what the most appropriate time frame to file their claim.
A mesothelioma lawsuit seeks financial compensation to pay for medical expenses as well as lost income and other costs related to the disease. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements.
Mesothelioma can only be caused by asbestos exposure. The dangers of asbestos were well-known to major corporations, however they did not inform their workers or the public. An asbestos attorney can look over a person's employment history and military service records to find the source of their exposure.
A mesothelioma lawyer can also examine the client's auto home, business and auto insurance records to identify possible sources of exposure. This information can be used to construct an asbestos exposure timeline for the person and determine if there are other sources.
Most mesothelioma lawsuits are filed against asbestos-containing products manufacturers distributors, sellers, or manufacturers. They are liable for negligence, strict liability or product liability. Generally, the asbestos lawyers will argue that these defendants were negligent as they failed to take reasonable care when producing, selling or using their products. They will also argue that the defendants failed to provide proper warnings of the dangers associated with their products.
The Discovery Phase
After filing your lawsuit the lawyers for the defendants will start an exchange of information called discovery. This can include documents such as medical documents and corporate records but also statements made in interviews under oath, called depositions. Your lawyer will assist you prepare for a deposition and will be available to assist you throughout the procedure. The most effective New York mesothelioma lawyers will conduct their own research in order to gather evidence that supports your claim, and assist you obtain the highest amount of compensation.
An experienced asbestos lawyer will find any evidence that proves the defendants' inaction or negligence caused your condition. In addition to examining documents received through discovery, your attorney will also search for evidence that indicates whether you were exposed to any other substances or activities that could have caused mesothelioma, such as smoking.
The mesothelioma discovery process can take months, and you may feel like there is nothing happening during the time. Your lawyer will be studying the information collected during this phase of the legal process to improve your case.
The company's own admissions in the litigation process was an important discovery which has helped asbestos victims get settlements. For instance, a lot of asbestos companies denied for decades that their asbestos products could cause breathing problems and cancer. However, their internal documents surfaced during the lawsuits, showing that they knew about the dangers of asbestos but did not inform consumers and workers.
Your lawyer will assist you determine if a settlement out of court is the best solution for your situation after reviewing all evidence. Most asbestos cases are settled outside of court, rather than going to trial. This allows victims to get their money more quickly and eliminates the risk of losing at trial. An experienced attorney can negotiate the most favorable settlement on your behalf and can assess any offers from the defendants to determine whether they are fair.
Settlements
In many civil cases the amount of compensation determined by the facts. For instance, the type of asbestos-related disease can determine the amount of a claim is worth. Mesothelioma, the most severe type of asbestos-related disease, may result in a higher settlement for the victim or their families.
Berkeley asbestos attorney may bring a lawsuit in order to recover damages such as medical expenses and lost wages as well as 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 illness.
Compensation in a lawsuit for mesothelioma can be difficult. A lawyer can examine a victim's work and military history to determine where and when asbestos may have been used. They can determine which companies were responsible for asbestos exposure. A mesothelioma lawyer will also compare the mesothelioma patient's symptoms to those of past cases in order to determine an acceptable range of settlement offer.
Typically, lawyers handle these cases on a contingency basis, which means that they do not get paid unless they collect funds for their client. The lawyer will pay for all of the reasonable costs associated with the case and then be reimbursed from the verdict or settlement.
A jury will hear the evidence, and decide what amount of compensation a victim is entitled to for their injuries. It is possible, however, that defendants would prefer to go to court instead of settlement. This is especially the case if the plaintiff's asbestos law firm has won large verdicts in mesothelioma trials.
Asbestos victims may also pursue claims through asbestos trust funds, which were created by companies that produced and distributed asbestos-related products to pay for asbestos-related liabilities. These funds are set aside for those who were exposed to asbestos in the workplace and also veterans. However certain funds have been depleted to the point where they are no longer able to pay mesothelioma sufferers full compensation.
Trial
The purpose of a lawsuit involving asbestos is to recover compensation for medical expenses or loss of income, as well as other damages. The amount you receive is typically based on the length of your exposure and type of asbestos that you were exposed to. A victim could have been exposed to a variety of asbestos when working in an energy plant, shipyard or in other industrial settings. A mesothelioma attorney should be knowledgeable about the various kinds of asbestos and their effects on different diseases.
In a lawsuit involving asbestos the defendants may have different opinions about compensating victims. They may also use various strategies to avoid paying claims. Your attorney should be able anticipate these tactics to ensure that your case will be resolved quickly. The defendant is often attempting to delay the process by filing frivolous, unsubstantiated motions that are most likely to be denied. Our mesothelioma lawyers have experience and are able to stop these kinds of tactics and ensure that your case is settled promptly.
Your mesothelioma lawyer will then develop a trial plan and submit it to court once evidence has been taken. A successful trial requires a lot of preparation and a keen eye for particulars. The plan will be adapted for your situation as the jury's decision is contingent on how they understand the evidence.
A successful verdict can result in a significant award for you or your loved ones. If the defendants don't appeal the verdict, payments are made within a few weeks following the trial.
Defendants have the option of appealing the decision, however this could delay any monetary award until the appeal is completed. They can also decide to pay less or no payment. In 2022, a jury gave $43 million to a woman who worked in a plant that employed asbestos fire doors.
The deadline to file an asbestos lawsuit or claim varies according to the state, however generally speaking, the statute of limitations begins as soon as you are diagnosed with mesothelioma. In addition, the family members of a deceased victim may be eligible to make a mesothelioma wrongful-death lawsuit.
