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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure can result in a compensation payout for the victim or their loved ones. Each case is unique but there are some common elements. An attorney will determine where asbestos exposure occurred and which companies are responsible. Many asbestos producers have filed for bankruptcy and set up up bankruptcy trusts which allow individuals to make claims. Claim your Benefits Every asbestos case is different however, there are a few aspects that are common to all claims. To win a claim, a plaintiff must prove that they were exposed, have mesothelioma, or another asbestos-related illness, and that they have suffered any damages. Asbestos lawsuits typically are based on a personal injury claim or wrongful death claim. In a personal injury lawsuit the person suffering from mesothelioma files a suit against the companies that manufactured or sold the asbestos-based products they were exposed to in the workplace or during military service. The lawsuits for wrongful death are filed on behalf of family members who have lost loved ones to mesothelioma or another asbestos-related disease. It is important to submit an asbestos lawsuit as soon as possible because there are tight statutes of limitations in place. The specific statutes of limitations will vary from state to state and may be as short as one year. A mesothelioma lawyer can assist a patient to determine whether they are eligible to make an asbestos lawsuit, and what the ideal timeframe may be for filing a case. A mesothelioma lawsuit seeks financial compensation to pay for medical expenses, lost income and other costs related to the illness. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements. Mesothelioma is only caused by asbestos exposure. The risks of asbestos were known to major companies, but they did not warn their employees or the general public. An asbestos attorney can review the person's work history and military service records to find the source of their exposure. A seasoned mesothelioma lawyer will also look over the client's home, business and insurance policies to find possible sources of exposure. This information can be used to create a timeline of asbestos exposure for the person and determine if there are any additional sources. The majority of mesothelioma lawsuits are filed against the manufacturers, distributors or sellers of asbestos-containing products. They can be sued on the grounds of strict liability, negligence, or product liability. The asbestos lawyers typically argue that the defendants were negligent in failing to exercise reasonable care in making, selling or using their products. They will also argue that the defendants failed provide adequate warnings about the risks associated with the products. The Discovery Phase When you file your lawsuit and your lawyer, the defendants will begin an exchange known as discovery. This includes documents such as medical and corporate records, but also statements made under oath during interviews, which are known as depositions. Your attorney will assist you prepare for a deposition and will be there to assist you during the procedure. In fact, the top New York mesothelioma attorneys will conduct their own research during this stage of the litigation to gather essential evidence that proves your claim and helps you receive the maximum amount of compensation. The defendants may attempt to hide any evidence that shows their negligence or inaction caused your illness, but a skilled asbestos lawyer will be sure to uncover these facts. In addition to looking over documents uncovered through discovery, your attorney will also look for information that indicates whether you were exposed to other substances or activities that could have caused mesothelioma. This includes smoking. You might think that nothing is happening, while the mesothelioma research process takes months. However your lawyer will be at work combing through the evidence gathered during this stage of the legal process to help strengthen your case. A key piece of evidence that has aided victims win asbestos settlements is the company's own admissions made during the litigation process. For instance, a lot of asbestos companies have denied for years that their product could cause breathing issues and cancer. Their internal documents were uncovered during the litigation. They proved that they were aware of dangers associated with asbestos, but did not warn consumers and workers. After examining 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 settle settlements rather than going to trial, because this allows victims to receive compensation quicker and reduce the risk of a loss at trial. An experienced lawyer can 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 lawsuits, the amount of compensation is awarded depends on the facts. The type of asbestos-related disease will affect the value of a claim. Mesothelioma is the most serious type of asbestos illness and therefore, those who suffer from it or their surviving family members can get larger settlements than those who have suffered from other forms of exposure. Lawsuits can be filed with an experienced NYC mesothelioma law firm to seek compensation for medical expenses, lost income as well as suffering and suffering, loss of companionship and other damages. Surviving family members can also make a wrongful-death lawsuit when their loved ones died from mesothelioma or another asbestos-related disease. The compensation in a lawsuit involving mesothelioma can be difficult. An attorney can look over the victim's military and work history to see the places and times when asbestos was likely used. They can identify which companies were responsible for asbestos exposure. Las Cruces asbestos lawyers can also compare a victim's symptoms with similar cases in the past to determine a fair settlement amount. Typically, lawyers take on cases on a contingency basis, which means that they do not get paid until they have recovered money for their client. The attorney will advance all of the reasonable expenses associated with the case and then be reimbursed out of the verdict or settlement. A jury will hear the evidence, and then decide on the amount an individual victim is entitled to for their injuries. It is possible that defendants might want to go to court instead of settlement. This is especially true when the plaintiff's asbestos law firm has gotten large settlements in mesothelioma lawsuits. Asbestos victims may also be able to file 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 reserved for those who were exposed to asbestos while at work and also veterans. However, some of these funds have been drained to the point where they are no longer able pay mesothelioma victims full compensation. Trial A lawsuit involving asbestos is intended to pay for medical expenses, lost income, and other damages. The amount of compensation is usually determined by the duration of your exposure as well as the type of asbestos that you were exposed to. For instance, a person may have been exposed to various kinds of asbestos while working in a power plant or at a shipyard. A mesothelioma lawyer must be knowledgeable about the various kinds of asbestos and their effects on a variety of 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 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 that are most likely to be rejected by the judge. Our mesothelioma lawyers have experience and are able to stop these tactics and ensure that your case gets resolved quickly. Your mesothelioma lawyer will prepare a trial strategy and submit it to court after the evidence has been collected. A successful trial requires careful preparation and attentiveness. The plan will be adapted 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 case. A successful verdict could result in a substantial award for you or your loved ones. If the defendants do not appeal the verdict, payments are due within a few weeks of the trial. Defendants can decide to appeal a verdict. However, this could delay any monetary award. They may also choose to pay a lesser amount or none at all. In 2022, a jury awarded $43,000,000 to a worker working in a plant that used asbestos fire doors. The time period for filing an asbestos lawsuit or claim can differ by state. However, in most instances, it starts when you are diagnosed with Mesothelioma. In addition, the family members of a victim who died may be in a position to file a mesothelioma wrongful death lawsuit.