How to File an Asbestos Exposure Lawsuit

An asbestos exposure lawsuit can result in a compensation payout for the victim or loved ones. Each case is different, but there are common elements.

A lawyer will be able to determine where you were exposed to asbestos and which companies are accountable. Many asbestos producers have declared bankruptcy and set up trusts for bankruptcy which allow individuals to claim compensation.

File a Claim

Each asbestos case is unique however, certain elements are common. To be successful in a claim, a plaintiff must prove that they were exposed, have mesothelioma, or a different asbestos-related disease, and have suffered any damages.

The asbestos lawsuits typically involve the personal injury or wrongful death claim. In a personal injury lawsuit, a person with mesothelioma sues the companies who produced or sold asbestos-based products to which they were exposed at work or in military service. Wrongful death lawsuits are filed on behalf of family members who have lost loved loved ones to mesothelioma or an asbestos-related disease.

It is important to start an asbestos lawsuit as soon as possible because there are strict statutes of limitations in place. State-by-state, the statutes of limitation could be as short as a year. A mesothelioma lawyer can help a victim determine if they're eligible to file an asbestos lawsuit and what the best timeline might be for filing their case.

In a mesothelioma lawsuit, the plaintiff seeks compensation for medical expenses, lost wages and other costs associated with the illness. Settlements for mesothelioma patients can reach hundreds of thousands or even more dollars.

Mesothelioma can only be caused by asbestos exposure. Large companies were aware of the risks associated with asbestos, but didn't inform workers or the general public. An asbestos lawyer can examine a person’s employment history and military documents to determine the cause of exposure.

An experienced mesothelioma attorney will also examine the client's business, home, and auto insurance records to identify potential sources of exposure. They can then utilize this information to create a timeline of the individual's asbestos exposure and determine if additional sources of exposure exist.

The majority of mesothelioma lawsuits are made against manufacturers, distributors or sellers of asbestos-containing products. They can be sued on the basis of strict liability, negligence, or product liability. The asbestos lawyers will generally argue that the defendants were negligent for failing to exercise reasonable care when making, selling, or using their products. They will also argue the defendants did not provide adequate warnings about the risks associated with the products.

The Discovery Phase

After filing your lawsuit the lawyers for the defendants will initiate an exchange of information called discovery. This could include documents such as medical documents and corporate records but also statements made during interviews under oath, called depositions. Your attorney will help you prepare for a deposition and will be available to assist you during the procedure. The best New York mesothelioma lawyers will conduct their own research to find evidence that supports your claim and will help you receive the maximum amount of compensation.

Defense attorneys may attempt to conceal any evidence that proves their negligence or inaction led to your illness However, a knowledgeable asbestos lawyer will make sure to uncover the facts. Your attorney will review documents obtained through discovery and search for evidence that shows whether you were exposed to other products or activities which could have contributed to mesothelioma.

The mesothelioma discovery process can take a long time, and you will likely feel as if nothing is happening during that period. Your lawyer will be busy analysing the data gathered during this phase of the legal process to strengthen your case.

The company's own admissions during the litigation process have been an important discovery that has allowed asbestos victims to obtain settlements. Many asbestos-related companies, for instance, denied that their product caused cancer or breathing problems for decades. The company's internal documents were revealed during the litigation. They showed that they were aware of the hazards associated with asbestos but did not warn consumers and workers.

Your lawyer will help determine if a settlement outside of court is the best option for your case after examining all evidence. Most asbestos cases are settled out of court instead of going to trial. This lets victims receive their money faster and avoids the risk of losing in court. An experienced lawyer will negotiate the best possible settlement for you and will review any offers from the defendants to determine if they are fair.

Settlements

In many civil cases, the amount of compensation is given based on the facts. For instance, the nature of asbestos-related disease can determine the amount of a claim is worth. Mesothelioma is the most severe type of asbestos illness, so the victims or their family members could receive higher settlements than those who been exposed to other forms of asbestos.

A NYC mesothelioma lawyer is able to file a lawsuit to recover damages, such as medical expenses as well as lost wages, pain and suffering, and loss of companionship. If someone close to you has died of mesothelioma, or another asbestos-related illness, the surviving family members can file a wrongful-death lawsuit.

The amount of compensation in a mesothelioma lawsuit can be difficult to calculate. Lawyers can look over a victim's work and military history to determine if and when asbestos may have been employed. Then they can determine which companies are responsible for the exposure to asbestos. A mesothelioma lawyer can compare a victim's symptoms with the symptoms of cases before to determine a reasonable settlement amount.

Lawyers usually take on these cases as contingency fees, which means that they don't get paid unless their client is able to receive money. The lawyer will pay for all reasonable expenses associated with the case and then be reimbursed from the verdict or settlement.

A jury will listen to the evidence and decide what amount of compensation a victim is entitled to for their injuries. However, it is possible that defendants prefer to go to trial instead of agreeing to an agreement. This is especially true in the event that the plaintiff's asbestos law firm has won significant verdicts in mesothelioma cases.

Asbestos victims might also be able to file claims through asbestos trust fund, which was set by companies that 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 while working, including veterans. However certain funds have been drained to the point where they are no longer able to provide mesothelioma patients with full compensation.

Trial

The purpose of an asbestos lawsuit is to seek compensation for your medical expenses, loss of income and other damages. The amount of compensation is usually determined by the duration of your exposure and type of asbestos you were exposed to. A victim may have been exposed multiple types of asbestos in an energy plant, shipyard or in other industrial settings. Thus, a mesothelioma attorney should be familiar with the different types of asbestos and how it could cause various illnesses.

The defendants in an asbestos lawsuit have diverse views on compensating victims and might resort to a variety of strategies to avoid paying claims. Your lawyer must be able anticipate these tactics to ensure that your case is resolved quickly. The defendant will often try to delay the process by filing frivolous and unfounded motions that are likely to be denied. Our mesothelioma lawyers are skilled in securing the outcome of these strategies and making sure that your case is resolved quickly.

After the evidence has been taken into consideration, your mesothelioma lawyer will create a trial plan and present 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 is contingent on their understanding of the evidence.

A verdict that is successful could result in a large payout for you or your loved one. If the defendants do not appeal the verdict, you may receive payments within a few months of the trial.

Defendants can decide to appeal a ruling. However, this could delay any award of money. They may also decide to pay a lower amount or nothing at all. In 2022, the jury gave $43 million to a woman working at a factory using asbestos fire doors.

The time limit for filing an asbestos claim or lawsuit can differ from state to state. However, in most cases it begins when you are diagnosed with Mesothelioma. Families of deceased victims may also be able file a lawsuit for mesothelioma-related wrongful death.