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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure may result in compensation being given to the victim or their loved family members. Every case is unique, but there are certain aspects that are common. An attorney will determine where exposure to asbestos occurred and which companies are responsible. Many asbestos producers have filed for bankruptcy and set up trusts for bankruptcy to allow people to make claims. File a Claim Each asbestos case is unique, but there are some elements that are common to most claims. For a plaintiff to win their claim, they need to prove that they were exposed to asbestos, they suffer from mesothelioma or another asbestos-related illness and they have suffered damage due to those exposures. Asbestos lawsuits are usually founded on an individual injury claim or wrongful death claim. In a personal injury suit one suffers from mesothelioma files a suit against the companies that manufactured or sold asbestos-based products they were exposed to at the workplace or during military service. Families who have lost a loved one to mesothelioma or another asbestos-related disease, can file wrongful death lawsuits. It is essential to start an asbestos lawsuit as soon as possible because there are strict statutes of limitations in place. State-by-state the statutes of limitation could be as short as one year. A mesothelioma lawyer can help victims determine if they are eligible to bring an asbestos lawsuit, and what the best time frame for filing their case. A mesothelioma suit seeks financial compensation to pay for medical expenses, lost income and other costs associated with the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements. Exposure to asbestos is the only known mesothelioma-related cause. The dangers of asbestos were known to large companies, but they did not inform their workers or the public. An asbestos attorney can examine the person's work history and military service records to find the source of their exposure. A mesothelioma lawyer can review the client's automobile home, business and auto insurance records to find potential sources of exposure. This information can be used to develop a timeline of asbestos exposure for the person and determine if there are other sources. The majority of mesothelioma lawsuits are filed against the distributors, manufacturers, or sellers of asbestos-containing products. They may be sued on the basis of strict liability, negligence or product liability. In general, asbestos lawyers will claim that the defendants were negligent as they failed to exercise reasonable care when manufacturing selling, selling or utilizing their products. They will also assert that the defendants failed to provide adequate warnings of the dangers associated with their products. The Discovery Phase When you file your lawsuit, the lawyers of the defendants begin an exchange called discovery. This includes documentation such as corporate and medical records as well as statements under oath during interviews, which are known as depositions. Your lawyer will assist you prepare for a deposition and will be present 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 crucial evidence that supports your claim and helps you receive the maximum amount of compensation. Fort Worth asbestos lawsuit may attempt to hide any evidence that shows their negligence or inaction caused your condition, but a skilled asbestos lawyer will make sure to discover these facts. In addition to looking over documents received through discovery, your lawyer will also seek out information that indicates whether you were exposed to other substances or activities that could have caused mesothelioma. For instance, smoking cigarettes. The mesothelioma process can take months and you'll likely feel as if nothing is happening during that time. Your lawyer will be busy analyzing the information gathered during this stage of the legal process in order to strengthen your case. A key piece of evidence that has helped victims win asbestos settlements is the company's own admissions made during the litigation process. For example, many asbestos companies have denied for years that their product could cause breathing issues and cancer. Their own internal documents were revealed in the lawsuits. They proved that they knew of the hazards associated with asbestos but did not warn workers and consumers. After examining all the evidence in your case the lawyer will help you determine if an out-of-court settlement is a good option. The majority of asbestos cases settle settlements instead of going to trial, as this allows victims to receive compensation more quickly and avoid the possibility of losing at trial. An experienced lawyer will negotiate the best possible settlement for you and can assess any offers from the defendants to determine whether they are fair. Settlements In many civil cases, the amount of compensation awarded depends on the case facts. For instance, the nature of asbestos-related illness can determine the amount a claim is worth. Mesothelioma is the most serious form of asbestos-related illness which is why 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 can make a claim to recover damages, such as medical expenses and lost wages or income, pain and suffering and loss of companionship. Family members who are survivors can make a wrongful-death lawsuit when their loved ones passed away from mesothelioma or an asbestos-related illness. Compensation in a lawsuit for mesothelioma may be difficult. A lawyer can review a victim's military and work history to determine where and when asbestos was employed. They can identify the companies responsible for exposure to asbestos. A mesothelioma attorney can also analyze the symptoms of a patient against the symptoms of cases before to determine a reasonable settlement range. Typically, lawyers work on these cases on a contingent basis, meaning that they are not paid unless they recover money for their client. The attorney will advance all of the reasonable expenses associated with the case and then be reimbursed from the settlement or verdict award. A jury will listen to the evidence and decide how much the victim should be compensated for their injuries. It is also possible that the defendants will prefer to go to trial instead of settling a settlement. This is particularly true when the asbestos law firm has experience winning large verdicts in mesothelioma cases. Asbestos victims might also be able to make claims through asbestos trust fund, which was put by companies that once manufactured and distributed asbestos product in order to pay for 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 will not be used to offer the full amount of compensation to mesothelioma sufferers. Trial An asbestos lawsuit is intended to provide compensation for medical expenses, lost income, and other damages. Generally, the amount you receive is 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 multiple types of asbestos while working on a power plant or at a shipyard. A mesothelioma lawyer should be familiar with the different types of asbestos and their effects on various diseases. The defendants in an asbestos lawsuit have varying views on compensating victims and may resort to several tactics to avoid paying claims. Your attorney will be able anticipate these strategies and ensure that your case moves forward expeditiously. For instance, defendants might attempt to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers are experienced in defying these tactics and making sure that your case is completed quickly. Your mesothelioma attorney will develop a trial plan and submit it to court after the evidence has been collected. A successful trial requires a lot of preparation and a keen eye for particulars. The strategy will be tailored for your situation as the jury's verdict will be based on their understanding of the evidence. A successful verdict could mean an amount that is substantial for you or loved ones. If the defendants do not contest the verdict, payment are made within a few weeks following the trial. Defendants may decide to appeal a decision. However, this will delay any award of money. They may also choose to pay a lesser amount or none at all. In 2022, a jury gave $43 million to a woman who worked at a factory that used asbestos fire doors. The deadline to file an asbestos lawsuit or claim differs by state, but generally speaking, the statute of limitations begins as soon as you are diagnosed with mesothelioma. In addition, the family members of a deceased victim might be eligible to file a mesothelioma wrongful death lawsuit.