How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure could result in compensation being paid to the victim or their loved family members. Each case is unique but there are common elements.
An attorney will determine where exposure to asbestos occurred and which companies are responsible. Many asbestos manufacturers have declared bankruptcy and set up trusts in bankruptcy which allow individuals to file claims.
File a Claim
Each asbestos case is unique however certain elements are common. To be successful in a claim, a plaintiff must show that they were exposed to asbestos, have mesothelioma or another asbestos-related illness, and that they have suffered losses.
Asbestos lawsuits usually are based on the basis of a personal injury or wrongful death claim. In a personal injuries lawsuit, a person who has mesothelioma sues the companies who manufactured or sold asbestos-based products to whom they were exposed at workplace or during military service. Families who have lost loved one to mesothelioma or another asbestos-related disease may file wrongful-death lawsuits.
It is important to submit an asbestos lawsuit as quickly as you can, since there are tight statutes of limitations in place. State-by-state, the statutes for limitation can be as short as one year. A mesothelioma lawyer can assist a patient to determine if they're eligible to bring an asbestos lawsuit and what the ideal timeframe might be for filing their case.
A mesothelioma lawsuit seeks financial compensation to cover 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 is caused by exposure to asbestos. Major companies were aware of the dangers associated with asbestos, but did not warn workers or the public. An asbestos lawyer can examine the history of an individual's employment and military documents to determine the cause of exposure.
A mesothelioma lawyer can review the client's automobile business, home and insurance records to identify possible sources of exposure. They can then make use of this information to develop an outline of the person's asbestos exposure and determine if any additional sources of exposure are present.
The majority of mesothelioma lawsuits are filed against manufacturers, distributors or sellers of asbestos-containing products. They are liable for negligence, strict liability, or product liability. The asbestos lawyers typically assert that the defendants were negligent in failing to exercise reasonable care in making, selling or using their products. They will also claim that the defendants did not provide adequate warnings of the risks associated with their products.
The Discovery Phase
When you submit your lawsuit and your lawyer, the defendants start an exchange called discovery. This may include documents such as medical documents and corporate records but also statements made in interviews under oath, called depositions. Your lawyer will assist you in preparation for a deposition and will be present during the proceedings. In fact, the top New York mesothelioma attorneys will conduct their own research during this stage of the litigation process to collect crucial evidence that supports your claim and helps you receive the maximum amount of compensation.
A skilled asbestos lawyer can discover any evidence that indicates the defendants' negligence or inaction resulted in your condition. In addition to reviewing documents uncovered through discovery, your lawyer will also seek out information about whether you were exposed to other substances or actions that could have triggered mesothelioma, such as smoking.
You might think that nothing is happening while the mesothelioma research process takes months. However your lawyer will be at work analyzing the evidence gathered during this stage of the legal process in order to improve your case.
One of the key elements of evidence that has aided victims obtain asbestos settlements is the company's own admissions made during the litigation process. For instance, many asbestos companies denied for decades that their asbestos products could cause breathing problems and cancer. Their internal documents were revealed during the litigation. They revealed that they were aware of dangers associated with asbestos, however, they failed to warn consumers and workers.
Your lawyer will assist you determine if a settlement outside of court is the best solution for your situation after reviewing all evidence. Most asbestos cases are settled outside of court instead of going to trial. This lets victims get their money quicker and eliminates the risk of losing in court. An experienced attorney will negotiate the most favorable settlement on your behalf and can assess any offers from the defendants to determine if they are fair.
Settlements
In many civil cases the amount of compensation awarded is contingent on the case facts. The type of asbestos-related disease will affect the value of an claim. Mesothelioma is the most severe form of asbestos-related illness which is why the victims or their family members may receive larger settlements than those who been exposed to other forms of asbestos.
A NYC mesothelioma lawyer can make a claim to recover damages such as medical expenses, lost wages or income, pain and suffering and loss of companionship. If a loved one has died from mesothelioma or another asbestos-related illness, the surviving family members can file a wrongful-death lawsuit.
Compensation in a mesothelioma lawsuit can be difficult to estimate. Lawyers can examine the victim's military and work history to determine the places and times when asbestos was likely used. They can identify which companies were responsible for asbestos exposure. A mesothelioma lawyer can also compare the mesothelioma patient's symptoms with those of previous cases to come up with a reasonable range for a settlement offer.
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. Odessa asbestos lawyers will pay for all reasonable expenses related to the case, and will be reimbursed through the settlement or verdict.
A jury will listen to the evidence, and then decide if the victim should be compensated for their injuries. It is possible, however, that defendants would prefer to go to court instead of agreeing to settle. This is particularly true in the event that the plaintiff's asbestos law firm has won significant verdicts in mesothelioma cases.
Asbestos victims can also pursue claims through asbestos trust funds which were set up by companies that manufactured and distributed asbestos-related products to cover asbestos-related liabilities. These funds are set aside for those who were exposed to asbestos on the job, including veterans. Some of these funds are depleted and can no longer offer full compensation to mesothelioma patients.
Trial
An asbestos lawsuit is designed to pay for medical expenses, lost income and other damages. These awards are usually based on the length of your exposure and the type of asbestos you were exposed to. For example, a victim might have been exposed to various kinds of asbestos while working at the power plant or in an shipyard. A mesothelioma attorney should be aware of the various types of asbestos and their effects on various diseases.
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 strategies to ensure that your case will be resolved quickly. For instance, defendants may attempt to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers have experience in thwarting these tactics and making sure that your case is resolved quickly.
After the evidence is collected, 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 verdict will be based on their understanding of the evidence and how it is applied to your particular case.
A successful verdict could result in an amount that is substantial for you or a loved one. If the defendants do not appeal the verdict, you may receive payments within a few months of the trial.
Defendants have the option of appealing the decision, however this will delay any monetary award until the appeal is complete. They may also decide to pay a lower amount or even nothing at all. In 2022, the jury awarded $43,000,000 to a worker working in a plant that used asbestos fire doors.
The deadline to file an asbestos lawsuit or claim varies by state, but generally speaking, the statute of limitations starts when you are diagnosed mesothelioma. In addition, the family members of a deceased victim might be able to bring a mesothelioma-related wrongful death lawsuit.