How to File an Asbestos Exposure Lawsuit
A lawsuit involving asbestos exposure could result in compensation being paid to the victim or their loved ones. Each case is unique, however there are common elements.
An attorney will determine where exposure to asbestos occurred and which companies are responsible. Many of the asbestos manufacturers went bankrupt and established trusts to help people make claims.
File a Claim
Every asbestos case is different, but there are some elements that are common to most claims. To be successful in a claim the plaintiff must prove that they were exposed to asbestos, have mesothelioma or another asbestos-related disease, and have suffered any damages.
Asbestos lawsuits are usually based on a personal injury claim or wrongful death claim. In a personal injury suit one suffers from mesothelioma files a lawsuit against the companies who manufactured or sold the asbestos-based products they were exposed to at the workplace or during military service. The lawsuits for wrongful death are filed on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related disease.
The statute of limitations is extremely strict, and you must submit your asbestos lawsuit as soon as possible. The specific statutes of limitations differ from state to state and can be as brief as one year. A mesothelioma lawyer will help victims determine if they are eligible to bring an asbestos lawsuit and what the best timeframe is for filing their claim.
In a mesothelioma lawsuit, 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.
Pompano Beach asbestos lawsuit can only be caused by asbestos exposure. The dangers of asbestos were well-known to major companies, but they didn't inform their workers or the public. An asbestos lawyer can look over the person's employment history and military documents to determine the cause of exposure.
A mesothelioma lawyer will review the client's automobile, home and business insurance records to determine potential sources of exposure. This information can be used to construct a timeline of asbestos exposure for the individual and determine if there are other sources.
The majority of mesothelioma claims are filed against sellers, distributors, or manufacturers of asbestos-containing products. These companies can either be sued on the basis of strict liability, negligence or product liability. The asbestos lawyers typically argue that the defendants were negligent in not exercising reasonable care in making, selling or utilizing their products. They will also claim that the defendants did not provide adequate warnings of the dangers of their products.
The Discovery Phase
After filing your lawsuit, the lawyers for the defendants will initiate an exchange of information known as discovery. This includes documentation such as medical and corporate records, however, it also includes statements made under oath in interviews called depositions. Your attorney will assist in preparing for a deposition, and will also be present during the process. In fact, the top New York mesothelioma attorneys will conduct their own research in this phase of the litigation process to collect essential evidence that proves your claim and allows you to obtain the maximum amount of compensation.
Defense attorneys may attempt to conceal any evidence that proves their negligence or inaction has caused the illness however, a seasoned asbestos lawyer will ensure to uncover these facts. Your attorney will review documents obtained through discovery and look for information that indicates whether you were exposed other substances or activities that could have led to mesothelioma.
You may feel that nothing is happening while the mesothelioma investigation process takes months. However your lawyer will be hard at work combing through the evidence gathered during this stage of the legal process to help strengthen your case.
The company's own admissions during the litigation process was an important discovery that has helped asbestos victims win settlements. For instance, a lot of asbestos companies had for years denied that their asbestos product could cause breathing problems and cancer. Their own internal documents were revealed in the lawsuits. They showed that they were aware of the asbestos dangers, but did not warn workers and consumers.
Your lawyer will help you determine if a settlement out of court is the most appropriate option for your case after analyzing all evidence. The majority of asbestos cases settle settlements instead of going to trial because this allows the victims to receive their money quicker and reduce the possibility of losing in the event of a trial. An experienced lawyer can negotiate the most favorable settlement for you and evaluate any offers made by the defendants.
Settlements
In a lot of civil cases, the amount of compensation awarded depends on the case facts. For instance, the nature of asbestos-related illness will determine how much an claim is worth. Mesothelioma is the most severe type of asbestos-related disease, may result in a bigger settlement for the victims or their surviving family members.
Lawsuits can be filed with an experienced NYC mesothelioma law firm in order to seek compensation for medical expenses, lost income and suffering and suffering and loss of companionship, among other damages. Family members who are survivors can file a wrongful death lawsuit when their loved ones died of mesothelioma, or another asbestos-related illness.
Compensation in a lawsuit for mesothelioma may be difficult. An attorney can review a victim's work and military history to determine if asbestos could have been used. They can then determine the companies responsible for exposure to asbestos. An attorney for mesothelioma can compare a victim's symptoms with similar cases in the past to determine a reasonable settlement range.
Typically, lawyers take on these cases on a contingency basis, which means they are not paid until they have recovered funds for their client. The lawyer will pay for all of the reasonable case-related expenses, and then they are reimbursed from the settlement or verdict award.
A jury will listen to the evidence, and decide how much compensation a victim is entitled to for their injuries. However, it is possible that the defendants will prefer to go to trial instead of settling a settlement. This is especially the case if the plaintiff's asbestos law firm has had success in obtaining large verdicts in mesothelioma cases.
Asbestos victims can also seek compensation through asbestos trust funds, which were set up by companies that manufactured and distributed asbestos products to pay for asbestos-related liabilities. These funds are reserved for those who have been exposed to asbestos in the workplace, including veterans. Some of these funds are depleted and will not offer the full amount of compensation to mesothelioma sufferers.
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 as well as the type of asbestos that you were exposed to. For instance, a victim might have been exposed to multiple kinds of asbestos while working at an energy plant or in a shipyard. A mesothelioma lawyer must be familiar with the different types of asbestos and their effects on different diseases.
In a lawsuit involving asbestos, the defendants may have different views on the compensation of victims. They could also employ several tactics to avoid paying out claims. Your attorney will be able anticipate these strategies and ensure that your case is handled swiftly. For instance, defendants may attempt to delay the process by filing frivolous motions that are most likely to be rejected by the judge. Our mesothelioma lawyers have experience in thwarting these tactics and ensuring that your case is swiftly resolved.
After the evidence is collected, 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 situation because the jury's decision will depend on their understanding of the evidence and how it is applied to your particular case.
A verdict that is successful could result in a significant amount for you or your loved one. If the defendants don't appeal the verdict, you can receive payments within a few months after the trial.
Defendants may decide to appeal a verdict. However, this will delay any monetary award. They can also opt to pay less or nothing. In 2022 the jury gave $43 million to a woman who worked in a plant that employed asbestos fire doors.
The time to file an asbestos claim or lawsuit varies by state, however in general, the statute of limitations starts when you are diagnosed with mesothelioma. Families of deceased victims may also be able to file an action for mesothelioma-relatedwrongful death.