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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure can result in compensation being paid to the victim or their loved ones. Each case is unique, however there are common elements. A lawyer will be able to determine where you were exposed to asbestos and the companies responsible. Many of the asbestos manufacturers went bankrupt and established bankruptcy trusts for people to claim compensation. File a Claim Every asbestos case is unique however there are some elements that are common to all claims. To be successful in a claim the plaintiff must prove that they were exposed, have mesothelioma, or another asbestos-related illness, and that they have suffered damages. The asbestos lawsuits typically involve the personal injury or wrongful death claim. In a personal injury lawsuit the person suffering from mesothelioma files suit against the companies who manufactured or sold the asbestos-based products they were exposed to in the workplace 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 disease. It is essential to file an asbestos lawsuit as soon as possible because there are tight 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're eligible to bring an asbestos lawsuit and what the best timeline could be for filing their case. In a mesothelioma lawsuit the plaintiff seeks to recover compensation for medical expenses, lost wages and other expenses associated with the illness. Settlements for mesothelioma sufferers can reach hundreds of thousands or even more dollars. Greeley asbestos lawyers is caused by asbestos exposure. The dangers of asbestos were well-known to major companies, but they did not inform their workers or the public. An asbestos lawyer can review a person’s employment history and military records to determine the source of exposure. A mesothelioma lawyer may 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 any additional sources. The majority of mesothelioma lawsuits are filed against manufacturers, distributors or sellers of asbestos-containing products. They are liable for negligence, strict liability or product liability. The asbestos lawyers will generally assert that the defendants were negligent in failing to exercise reasonable care while making, selling or using their products. They will also argue that the defendants failed to give adequate warnings about the dangers associated with their products. The Discovery Phase When you start your lawsuit, the lawyers of the defendants start an exchange called discovery. This could include documents such as medical records and corporate records but also statements made during interviews under oath, called depositions. Your attorney will assist in preparing for a deposition, and will also be present during the deposition. The best New York mesothelioma lawyers will do their own research to find evidence that supports your claim, and assist you receive the maximum amount of compensation. A knowledgeable asbestos lawyer can uncover any evidence that shows the defendants' inaction or negligence resulted in your condition. Your lawyer will go through documents obtained through discovery and look for information that indicates whether you were exposed other products or activities which could have led to mesothelioma. The mesothelioma discovery process can take a long time, and you will likely feel like nothing is happening during the time. However, your lawyer will be hard at work, scouring through the data gathered during this phase of the legal process to strengthen your case. One of the key elements of evidence that has aided victims win asbestos settlements is the company's own admissions during the litigation process. For instance, a lot of asbestos companies had for years denied that their asbestos products could cause breathing problems and cancer. But their own internal documents came out during the lawsuits, revealing that they knew about asbestos' dangers but did not warn the public or workers. After examining all 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 reach settlements instead of going to trial because this allows the victims to receive their money quicker and reduce the risk of a loss at trial. An experienced attorney can negotiate the most favorable settlement for you and assess any offers made by the defendants. Settlements In many civil cases, the amount of compensation awarded will depend on the facts of the case. The type of asbestos-related disease will affect the value of an claim. Mesothelioma is the most severe type of asbestos-related disease, may result in a higher settlement for victims or their families. A NYC mesothelioma lawyer can file a lawsuit to seek damages like 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 disease. The compensation for mesothelioma lawsuits can be difficult to estimate. A lawyer can examine the work of a victim as well as military history to determine if and when asbestos may have been employed. Then they can determine which companies are responsible for the asbestos exposure. An attorney for mesothelioma can analyze the symptoms of a patient against the symptoms of cases before to determine a fair settlement range. Lawyers usually take on these cases as contingency fees, meaning that they don't get paid until their client receives money. The lawyer will pay for all reasonable expenses associated with the case, and then they are paid out of the settlement or verdict award. A jury will hear the evidence, and decide how much compensation a victim is entitled to for their injuries. It is possible that the defendants may want to go to court instead of settlement. This is especially the case if the plaintiff’s asbestos law firm has won large settlements in mesothelioma lawsuits. Asbestos victims might also be able to make claims through the asbestos trust fund, which was set by companies that once manufactured and distributed asbestos product to cover asbestos-related liabilities. These funds are for those exposed to asbestos at work and also veterans. However certain funds have been depleted to the point that they are no longer able provide mesothelioma patients with full compensation. Trial The purpose of a asbestos lawsuit is to obtain compensation for your medical expenses as well as loss of income and other damages. These awards are usually dependent on the duration of your exposure and type of asbestos that you were exposed to. For instance, a person may have been exposed to different kinds of asbestos while working on an energy plant or in a shipyard. Therefore, a mesothelioma lawyer should be familiar with each type of asbestos and the ways it can cause various illnesses. The defendants in an asbestos lawsuit have diverse attitudes toward compensating victims and may resort to several tactics to avoid paying claims. Your attorney must be able to recognize these tactics and ensure that your case is handled swiftly. The defendant will often try to delay the process by filing frivolous and unfounded motions which are likely to be denied. Our experienced mesothelioma attorneys know how to deter these types of tactics and ensure that your case gets resolved quickly. Your mesothelioma lawyer will then create a trial strategy and present it to the court once evidence has been collected. A successful trial requires meticulous preparation and attentiveness. The plan will be tailored to your specific circumstances because the jury's decision will depend on their understanding of the evidence and how it applies to your particular case. A verdict that is successful could result in a substantial payout for you or your loved one. If the defendants don't appeal the verdict, you can receive payments within a few months after the trial. Defendants can choose to appeal a ruling. However, this will delay any monetary award. They can also opt to pay a smaller amount or nothing at all. In 2022, a jury awarded $43,000,000 to a worker working in a plant that used asbestos fire doors. The time limit for filing an asbestos claim or lawsuit may vary by state. However, in the majority cases, it begins when you are diagnosed with Mesothelioma. In addition, the family members of a deceased victim might be eligible to file a mesothelioma wrongful death lawsuit.