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How to File an Asbestos Exposure Lawsuit An asbestos exposure lawsuit could result in a compensation payout for the victim or loved ones. Each case is unique but there are some common elements. An attorney will determine where asbestos exposure occurred and which companies are liable. Many asbestos producers went bankrupt and established trusts to help people file claims. Claim your Benefits Each asbestos case is unique, but some elements are common. For a plaintiff to win their case, they must show that they were exposed to asbestos, suffer from mesothelioma or another asbestos-related illness and they have suffered damage as a result of those exposures. Asbestos lawsuits are usually founded on an individual injury claim or wrongful death claim. In a personal injuries lawsuit, a person with mesothelioma sues companies that produced or sold asbestos-based products to whom they were exposed during work or during military service. Wrongful death lawsuits are filed on behalf of family members who have lost loved loved ones to mesothelioma or an asbestos-related illness. It is important to file an asbestos lawsuit as quickly as you can because there are strict statutes of limitations in place. State-by-state, the statutes of limitation can be as short as one year. An attorney for mesothelioma can assist a patient to determine if they are able to make an asbestos lawsuit, and what the best timeline may be for filing a case. In a mesothelioma lawsuit the plaintiff seeks compensation for medical expenses, lost wages, and other expenses associated with the illness. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements. Exposure to asbestos is the only known cause of mesothelioma. Large companies were aware of the dangers associated with asbestos, but didn't warn employees or the public. An asbestos attorney can look over the history of a person's employment and military service records to determine the source of their exposure. An experienced mesothelioma attorney will also look over the client's home, business and auto insurance records to identify potential sources of exposure. This information can be used to develop an asbestos exposure timeline for the individual and determine if there are additional sources. The majority of mesothelioma lawsuits are filed against asbestos-containing products manufacturers, distributors, or sellers. These companies can be sued for negligence, strict liability, or product liability. The asbestos lawyers generally argue that the defendants were negligent in failing to exercise reasonable care in manufacturing, selling, or using their products. They will also claim that the defendants failed to provide adequate warnings of the dangers associated with their products. The Discovery Phase After you file your lawsuit, the lawyers of the defendants will begin an exchange called discovery. This may include documents such as medical records and corporate records, but also statements made in interviews under oath, called depositions. Allen asbestos lawsuits will assist you in preparing for a deposition, and will be present during the process. In fact, the best New York mesothelioma attorneys will conduct their own research during this stage of the litigation process to collect crucial evidence that supports your claim and assists you to receive the maximum amount of compensation. Defense attorneys may attempt to conceal any evidence that shows their negligence or inaction caused your illness, but a skilled asbestos lawyer will ensure to discover the facts. In addition to looking over documents received through discovery, your lawyer will also seek out information indicating whether you were exposed to any other substances or activities that could have led to mesothelioma. For instance, smoking. The process of identifying mesothelioma can take months, and you will likely feel like there is nothing happening during that time. Your lawyer will be studying the information collected during this phase of the legal process in order to help you win your case. The company's own admissions in the litigation process was a key discovery that has allowed asbestos victims to get settlements. For example, many asbestos companies denied for decades that their asbestos product could cause breathing problems and cancer. However, their internal documents surfaced during the lawsuits, showing that they knew about asbestos's dangers, but did not inform workers and consumers. Your lawyer will assist you determine if a settlement outside of court is the most appropriate option for your case after analyzing all evidence. The majority of asbestos cases reach settlements rather than going to trial, as this allows the victims to receive money faster and avoid the risk of a loss at trial. An experienced lawyer can negotiate the best settlement for you and evaluate any offers made by defendants. Settlements In a lot of civil cases the amount of compensation awarded is contingent on the specific facts of the case. For instance, the nature of asbestos-related illness will determine the amount a claim is worth. Mesothelioma, the most severe type of asbestos-related illness, can result in a larger settlement for the victim or their survivors. Lawsuits can be filed through an experienced NYC mesothelioma law firm in order to get compensation for medical expenses loss of income, suffering and suffering as well as loss of companionship and other damages. If someone you love has passed away of mesothelioma, or another asbestos-related disease, the remaining family members can file a wrongful deaths lawsuit. Compensation in a mesothelioma lawsuit isn't always easy to determine. An attorney can look over the victim's military and work history to determine the places and times when asbestos was likely used. They can determine the companies responsible for exposure to asbestos. A mesothelioma lawyer can analyze the symptoms of a patient against the symptoms of cases before to determine a reasonable settlement amount. Lawyers usually take on these cases as contingency fees, meaning that they are not paid until their client receives money. The lawyer is responsible for any reasonable expenses incurred in the case, and will be reimbursed from the verdict or settlement. A jury will hear the evidence and decide how much compensation a victim is entitled to for their injuries. However, it is possible that defendants decide to go to trial instead of reaching a settlement. This is particularly true in the event that the plaintiff's asbestos law firm has secured large settlements in mesothelioma lawsuits. Asbestos victims may also be able to make claims through asbestos trust fund, which was set by companies that produced and distributed asbestos-based products in order to pay for asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos on the job as well as veterans. Some of these funds are depleted and they can no longer provide the full amount of compensation to mesothelioma sufferers. Trial A lawsuit involving asbestos is intended to pay for medical expenses, lost income, and other damages. Generally, the amount of compensation you receive will depend on your length of exposure and the type of asbestos you were exposed to. For instance, a person may have been exposed to different kinds of asbestos while working on a power plant or at the shipyard. So, a mesothelioma lawyer should be aware of the different types of asbestos and how it could cause various diseases. In a lawsuit involving asbestos, the defendants may have different views on compensating victims. They could also employ several tactics to avoid paying out claims. Your lawyer must be able to recognize these tactics and ensure your case progresses swiftly. The defendant will often attempt to delay the process by filing frivolous and unfounded motions which are likely to be rejected. Our mesothelioma lawyers have experience in securing the outcome of these strategies and making sure that your case is swiftly resolved. After the evidence is collected, your mesothelioma lawyer will create a trial plan and submit it to the court. A successful trial requires a lot of preparation and a keen eye for particulars. The plan will be tailored to your specific situation, as the jury's verdict will depend on their understanding of the evidence and how it is applied to your case. A verdict that is successful could result in a significant payout for you or your loved ones. If the defendants don't appeal the verdict, payments are due within a few weeks after the trial. Defendants can choose to appeal a verdict. However, this will delay any financial award. They can also opt to pay less or nothing. In 2022 the jury handed out $43 million to a woman who worked at a plant that employed asbestos fire doors. The statute of limitations for filing an asbestos lawsuit or claim can differ by state. However, in the majority cases, it begins when you are diagnosed with Mesothelioma. Families of deceased victims could also be able to file an action against mesothelioma for wrongful death.