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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure may result in compensation being paid to the victim or their loved family members. Each case is different however, there are some elements that are common. A lawyer will determine if you were exposed to asbestos and the companies responsible. Many asbestos manufacturers have filed for bankruptcy and set up trusts in bankruptcy which allow individuals to make claims. File a Claim Every asbestos case is different however, there are a few elements that are common to all claims. For a plaintiff to win their case, they must show that they were exposed to asbestos, they have a mesothelioma or other asbestos-related diseases and have suffered damages because of the exposures. Asbestos lawsuits are usually based on the basis of a personal injury or wrongful death claim. In a personal injury suit, the person who has mesothelioma files suit against the companies that produced or sold the asbestos-based products they were exposed to in the workplace or during military service. Families who have lost a loved one to mesothelioma, or any other asbestos-related illness, can file wrongful death lawsuits. The statute of limitations is extremely strict, and you should start your asbestos lawsuit as soon possible. The specific statutes of limitations differ from state to state and could be as brief as one year. A mesothelioma lawyer can assist a patient to determine if they're eligible to file an asbestos lawsuit and what the ideal timeframe may be for filing a case. In a mesothelioma case, the plaintiff seeks compensation for medical expenses, lost wages and other expenses incurred by the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements. Exposure to asbestos is the sole known mesothelioma causing factor. Major companies knew of the risks associated with asbestos, but didn't warn workers or the public. An asbestos lawyer can examine the history of an individual's employment and military records to determine the source of exposure. An experienced mesothelioma lawyer will also review the client's home, business and auto insurance records to determine possible sources of exposure. This information can be used to develop a timeline of asbestos exposure for the individual and determine if there are other sources. The majority of mesothelioma lawsuits are filed against asbestos-containing products manufacturers distributors, sellers, or manufacturers. They may be sued on the grounds of strict liability, negligence or product liability. Generally, the asbestos lawyers will argue that the defendants were negligent as they did not exercise reasonable care when manufacturing or selling their products. They will also claim that the defendants did not provide adequate warnings about the risks associated with their products. The Discovery Phase After filing your lawsuit, the lawyers for the defendants will initiate an exchange of information known as discovery. This may include documents like medical and corporate records, as well as statements under oath in interviews called depositions. Your attorney will assist you prepare for depositions and will be there to assist you throughout the procedure. In fact, the best New York mesothelioma attorneys will conduct their own research in this phase of the litigation process to collect crucial evidence that supports your claim and helps you obtain the maximum amount of compensation. Defendants may try to bury any evidence that proves their negligence or inaction caused the illness however, a seasoned asbestos lawyer will make sure to uncover the facts. Your lawyer will go through documents obtained through discovery and search for evidence that shows whether you were exposed to other products or activities that could have caused mesothelioma. The mesothelioma discovery process can take months, and you will likely feel like there is nothing happening during this time. However your lawyer will be at work, scouring through the evidence gathered during this phase of the legal process to strengthen your case. The company's own admissions throughout the litigation process has been an important discovery that has helped asbestos victims get settlements. Many asbestos companies, for example did not admit that their products caused cancer and breathing problems for decades. However, their internal documents surfaced during the lawsuits, revealing that they were aware of asbestos's dangers, but failed to warn the public or workers. After reviewing all evidence available in your case, your lawyer will help you decide if an out of court settlement is a viable option. Most asbestos cases are settled out of court, rather than going to trial. This lets victims receive their money faster and reduces the chance of losing at trial. An experienced attorney can negotiate the most favorable settlement on your behalf and will review any offers from the defendants to determine if they are fair. Pittsburgh asbestos attorney In many civil lawsuits, the amount of compensation that is awarded depends on the facts. For instance, the type of asbestos-related illness can determine the amount of an claim is worth. Mesothelioma is the most severe form of asbestos-related illness, can result in a higher settlement for the victims or their surviving family members. A NYC mesothelioma lawyer can make a claim to recover damages such as medical expenses, lost wages, pain and suffering, and loss of companionship. Surviving family members can also bring a wrongful death lawsuit when their loved ones passed away from mesothelioma or an asbestos-related illness. Compensation in a mesothelioma lawsuit can be difficult to estimate. A lawyer can review a victim's military and work history to see where and when asbestos was most likely to be employed. Then they can determine the companies responsible for the asbestos exposure. A mesothelioma lawyer can also compare the mesothelioma victim's symptoms with those of other cases in order to arrive at an acceptable range for a settlement offer. Typically, lawyers work on these cases on a contingent basis, which means that they are not paid unless they collect funds for their client. The attorney will finance all of the reasonable costs associated with the case and will be reimbursed out of the settlement or verdict award. A jury will listen to the evidence and decide on how much the victim is entitled to for their injuries. It is also possible that the defendants will want to go to trial instead of agreeing to an agreement. This is especially the case in the event that the plaintiff's asbestos law firm has won large verdicts in mesothelioma cases. Asbestos victims can also pursue claims through asbestos trust funds, which were established by companies that manufactured and distributed asbestos-related products to pay for asbestos-related liabilities. These funds are reserved for those exposed to asbestos while at work, including veterans. However certain funds have been drained to the point that they are no longer able provide mesothelioma patients with full compensation. Trial An asbestos lawsuit is designed to provide compensation for medical expenses, lost income, and other damages. The amount of compensation is usually dependent on the duration of your exposure and type of asbestos that you were exposed to. For instance, a person might have been exposed multiple types of asbestos while working in a power plant or at the shipyard. A mesothelioma attorney should be familiar with the different kinds of asbestos and their effects on various diseases. The defendants in an asbestos lawsuit have varying views on compensating victims and may resort to various strategies to avoid paying claims. Your attorney must be able to recognize these strategies and ensure that your case moves forward expeditiously. For instance, defendants may try 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 types of tactics and ensure that your case is settled quickly. Your mesothelioma lawyer will create a trial strategy and present it to the court once the evidence is gathered. A successful trial requires careful preparation and a keen eye. The strategy will be tailored to your specific circumstances, as the jury's verdict will depend on their understanding of the evidence and how it relates to your particular case. A successful verdict could result in a large payout for you or loved ones. If the defendants aren't able to contest the verdict, payment are due within a few weeks following the trial. Defendants may choose to appeal the decision, however 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 worker working at a factory using asbestos fire doors. The time limit for filing an asbestos claim or lawsuit may vary by state. However, in the majority of instances, it starts when you are diagnosed with mesothelioma. Families of deceased victims may also be able to file a lawsuit for mesothelioma-related wrongful death.