How to File an Asbestos Exposure Lawsuit
An asbestos exposure lawsuit can result in a compensation payout for the victim or their loved ones. Each case is unique however there are some elements that are common to all.
A lawyer will be able to determine where you were exposed to asbestos and which companies are accountable. Many of the asbestos manufacturers went bankrupt and set up bankruptcy trusts for people to file claims.
File a Claim
Each asbestos case is unique however there are some elements that are common to all claims. To win a claim, a plaintiff must show that they were exposed, have mesothelioma or another asbestos-related disease, and have suffered damages.
The asbestos lawsuits typically involve the personal injury or wrongful death claim. In a personal injuries lawsuit, a person suffering from mesothelioma sues the companies who made or sold asbestos-based goods to which they were exposed while 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 illness.
The statute of limitations is very strict, and you must submit your asbestos lawsuit as soon possible. The specific statutes of limitations differ from state to state and may be as brief as one year. A mesothelioma lawyer can help victims determine if they are qualified to file an asbestos lawsuit, and what the ideal time frame to file their claim.
In a mesothelioma case the plaintiff seeks compensation for medical expenses, lost wages and other expenses incurred by the disease. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements.
Exposure to asbestos is the only known cause of mesothelioma. Large companies were aware of the risks associated with asbestos, but did not warn workers or the public. An asbestos attorney can review the person's work history and military service records to identify the source of their exposure.
A mesothelioma lawyer may also examine the client's auto business, home and insurance records to determine potential sources of exposure. This information can be used to create an asbestos exposure timeline for the person and determine if there are any other sources.
The majority of mesothelioma lawsuits are filed against distributors, manufacturers, or sellers of asbestos-containing products. They are liable for negligence, strict liability or product liability. In general, asbestos lawyers will assert that the defendants were negligent as they did not exercise reasonable care when making selling, selling or utilizing their products. They will also argue the defendants did not adequately warn about the risks associated with the products.
The Discovery Phase
After filing your lawsuit, attorneys representing the defendants will begin an exchange of information, also known as discovery. This includes documentation such as corporate and medical records, however, it also includes statements made under oath in interviews referred to as depositions. Your attorney will help you prepare for a deposition and be available to assist you throughout the procedure. In fact, the top New York mesothelioma attorneys will conduct their own research during this phase of the litigation process to collect essential evidence that proves your claim and assists you to receive the maximum amount of compensation.
A skilled asbestos lawyer can find any evidence that proves the defendants' inaction or negligence resulted in your condition. In addition to examining documents uncovered through discovery, your lawyer will also seek out information that indicates whether you were exposed to other substances or activities that could have caused mesothelioma. This includes smoking cigarettes.
You might think that nothing is happening while the mesothelioma research process takes months. Your lawyer will be analysing the data gathered during this stage of the legal process to strengthen your case.
One of the key elements of discovery that has helped victims win asbestos settlements is the company's own admissions during the litigation process. Many asbestos companies, for example have denied that their product caused cancer or breathing problems for decades. But their own internal documents came out in the lawsuits, revealing that they were aware of asbestos's dangers, but did not inform consumers and workers.
Your lawyer will assist you determine if a settlement outside of court is the best solution for your situation after examining all evidence. The vast majority of asbestos cases reach settlements rather than going to trial because this allows victims to receive compensation more quickly and avoid the possibility of losing in the event of a trial. An experienced attorney can negotiate the best settlement for you and evaluate any offer made by defendants.
Settlements
In many civil cases the amount of compensation determined by the facts. The type of asbestos-related disease can impact the value of the claim. Mesothelioma is the most severe form of asbestos-related illness which is why the victims or their family members could receive higher settlements than those who have been exposed to other forms of asbestos.
Rapid City asbestos attorney can bring a lawsuit in order to seek damages like medical expenses, lost wages or income, pain and suffering and loss of companionship. Family members of the deceased can bring a wrongful death lawsuit when their loved ones died from mesothelioma or another asbestos-related illness.
The compensation for mesothelioma lawsuits can be difficult to estimate. Lawyers can examine the victim's military and work history to determine where and when asbestos was employed. Then, they can determine which companies are responsible for the exposure to asbestos. A mesothelioma lawyer can analyze the symptoms of a patient against those of previous cases to determine a fair settlement range.
Typically, lawyers take on cases on a contingency basis, which means that they do not get paid unless they recover money for their client. The lawyer will cover all reasonable expenses associated with the case, and will be reimbursed through the settlement or verdict award.
A jury will listen to the evidence, and then decide on how much compensation a victim is entitled to for their injuries. It is possible that the defendants may want to go to court instead of settlement. This is especially the case in the event that the plaintiff's asbestos law firm has secured significant verdicts in mesothelioma cases.
Asbestos victims may also be able to make claims through asbestos trust fund, which was put by companies that produced and distributed asbestos 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 provide mesothelioma patients with full compensation.
Trial
The purpose of a asbestos lawsuit is to recover compensation for medical expenses as well as loss of income and other damages. Generally, the amount you receive is based on your length of exposure as well as the type of asbestos you were exposed to. For instance, a person might have been exposed to different kinds of asbestos while working in the power plant or in the shipyard. A mesothelioma lawyer should be knowledgeable about the various kinds of asbestos and their effects on different diseases.
The defendants in an asbestos lawsuit have diverse opinions about compensating victims. They may resort to various strategies to avoid paying for claims. Your lawyer should be able to anticipate these strategies to ensure your case will be resolved quickly. The defendant will often try to delay the process by filing frivolous and unfounded motions that are likely to be rejected. Our mesothelioma lawyers have experience in defying these tactics and ensuring that your case is resolved quickly.
Once the evidence has been taken into consideration, your mesothelioma lawyer will draft a trial strategy and submit it to the court. A successful trial requires meticulous preparation and a keen eye. The plan will be adapted to your specific circumstances, as the jury's verdict will be based on their understanding of the evidence.
A verdict that is successful could result in a substantial payout for you or your loved ones. If the defendants do not appeal the verdict, you could receive payments within a few months of the trial.
Defendants can decide to appeal the verdict, but this will delay any monetary award until the appeal is complete. They may also choose 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 time period for filing an asbestos claim or lawsuit may differ by state. However, in the majority of instances, it starts when you are diagnosed with mesothelioma. Families of victims who have passed away may also be able to file a lawsuit for mesothelioma-related wrongful death.
