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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure can result in a settlement for the victim or their loved ones. Each case is unique but there are some common elements. A lawyer will determine if you were exposed to asbestos and the companies responsible. Many asbestos manufacturers have gone bankrupt and set trusts in bankruptcy which allow individuals to file claims. Claim your Benefits Each asbestos case is unique, but some aspects are common to all. In order for a plaintiff to prevail in their claim, they need to prove that they were exposed to asbestos, they have a mesothelioma or other asbestos-related diseases and have suffered damages due to the exposures. The asbestos lawsuits typically involve a personal injury or wrongful death claim. In a personal injuries lawsuit, a person with mesothelioma sues companies that manufactured or sold asbestos-based products to which they were exposed at work or during military service. In wrongful death lawsuits, the plaintiffs file on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related disease. It is important to submit an asbestos lawsuit as soon as you can because there are tight statutes of limitations in place. State-by-state, the statutes of limitation could be as little as one year. A mesothelioma lawyer can assist sufferers determine if they're qualified to bring an asbestos lawsuit and what the best timeframe is for filing their case. A mesothelioma suit seeks financial compensation to cover medical expenses as well as lost income and other expenses related to the illness. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements. Exposure to asbestos is the only known cause of mesothelioma. The dangers of asbestos were known to large companies, but they did not inform their employees or the general 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 also review the client’s auto, home and business insurance records to identify potential sources of exposure. This information can be used to construct 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 can be sued on the grounds of strict liability, negligence or product liability. The asbestos lawyers will claim that the defendants were negligent as they did not exercise reasonable care when producing selling, selling or utilizing their products. They will also assert that the defendants failed to provide adequate warnings of the risks associated with their products. The Discovery Phase After filing your lawsuit, the lawyers for the defendants will initiate an exchange of information called discovery. This can include documents like medical documents and corporate records but also statements made in interviews under oath, referred to as depositions. Your lawyer will assist you in preparation for a deposition and will also be present during the process. In fact, the best New York mesothelioma attorneys will conduct their own research during this phase of the litigation process to collect important evidence that supports your claim and helps you receive the maximum amount of compensation. Defense attorneys may attempt to conceal any evidence that proves their negligence or inaction caused your condition However, a knowledgeable asbestos lawyer will ensure to discover these facts. Your attorney will examine documents that are obtained through discovery and search for evidence that shows whether you were exposed other products or activities that could have contributed to mesothelioma. It is possible to feel like nothing is happening, while the mesothelioma research process takes months. Your lawyer will be studying the information collected during this stage of the legal process to help you win your case. Avondale asbestos lawyers throughout the litigation process was a key discovery that has allowed asbestos victims to win settlements. Many asbestos-related companies, for instance have denied that their product caused cancer and breathing problems for a long time. But their own internal documents surfaced in the lawsuits, revealing that they knew about asbestos's dangers, but did not inform consumers and workers. After reviewing all the evidence available in your case the lawyer will help you decide if an out-of-court settlement is the best option. The majority of asbestos cases are settled outside of court instead of going to trial. This lets victims get their money more quickly and eliminates the risk of losing at trial. An experienced attorney 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 will depend on the facts of the case. For instance, the nature of asbestos-related illness will determine the amount an claim is worth. Mesothelioma is the most severe type of asbestos illness, so those who suffer from it or their surviving 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, lost wages as well as pain and suffering and loss of companionship. If someone close to you has died of mesothelioma, or another asbestos-related disease, the surviving family members may file a wrongful death lawsuit. Compensation in a lawsuit for mesothelioma isn't easy. An attorney can look over a victim's military and work history to see the places and times when asbestos was used. They can identify which companies were responsible for exposure to asbestos. A mesothelioma lawyer may also evaluate the mesothelioma sufferer's symptoms with those of previous cases in order to come up with an acceptable 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. The lawyer will pay for all reasonable case-related expenses and will be paid out of the verdict or settlement. A jury will consider the evidence, and decide how much the victim is entitled to for their injuries. It is possible that defendants might want to go to court instead of agreeing to settle. This is especially the case if the plaintiff's asbestos law firm has won large verdicts in mesothelioma cases. Asbestos victims might also be eligible to make claims through the asbestos trust fund, which was set by companies that 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 and also veterans. However some of these funds have been depleted to the point where they are no longer able provide mesothelioma patients with full compensation. Trial An asbestos lawsuit is designed to pay for medical expenses, lost income and other damages. The majority of the amount of compensation you receive will depend on the duration of exposure and the type of asbestos you were exposed to. A victim could have been exposed multiple types of asbestos when working in the shipyard, power plant or in other industrial settings. So, a mesothelioma lawyer should be familiar with each type of asbestos and how it can cause different diseases. In an asbestos lawsuit the defendants could have different opinions about the compensation of victims. They could also employ several tactics to avoid paying claims. Your lawyer must be able anticipate these strategies to ensure your case proceeds quickly. For instance, defendants may try to stall the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers have experience and know how to thwart these kinds of tactics and ensure that your case is settled promptly. Your mesothelioma lawyer will then create a trial strategy and present it to the court once evidence has been gathered. A successful trial requires meticulous preparation and attentiveness. The plan will be tailored to your specific situation since the jury's verdict will be based on their understanding of the evidence and how it is applied to your case. A successful verdict could mean a large payout for you or someone you love. If the defendants don't appeal the verdict, you can receive payments within a few months after the trial. Defendants can decide to appeal a decision. However, this could delay any award of money. They may also choose to pay a lower amount or even nothing at all. In 2022, a jury awarded $43,000,000 to a worker employed in a factory that had asbestos fire doors. The deadline to file an asbestos lawsuit or claim differs by state, but in most cases the statute of limitations begins from the moment you are diagnosed with mesothelioma. In addition, the family members of a deceased victim might be able to bring a mesothelioma-related wrongful death lawsuit.