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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 ones. Each case is unique however, there are some elements that are common. A lawyer will be able to determine where you were exposed to asbestos and the companies responsible. Many asbestos producers have filed for bankruptcy and set up up bankruptcy trusts which allow individuals to file claims. Claim your Benefits Each asbestos case is different however, certain elements are common. To win a claim the plaintiff must prove that they were exposed to asbestos, have mesothelioma, or a different asbestos-related disease, and have suffered losses. Asbestos lawsuits are usually founded on an individual injury claim or wrongful death claim. In a personal injury lawsuit, a person with mesothelioma files suit against the companies that produced or sold asbestos-based products to whom they were exposed during workplace or during military service. Families who have lost loved one to mesothelioma, or another asbestos-related disease, can file wrongful death lawsuits. It is essential to file an asbestos lawsuit as quickly as you can because there are strict statutes of limitations in place. The exact statutes of limitations differ from state to state and may be as short as one year. An attorney for mesothelioma can assist a patient to determine if they're eligible to make an asbestos lawsuit, and what the ideal timeframe could be for filing their case. A mesothelioma lawsuit seeks financial compensation to cover medical expenses, lost income and other expenses related to 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. Large companies were aware of the dangers associated with asbestos but didn't warn workers or the public. An asbestos attorney can look over a person's employment history and military service records to find the source of their exposure. A mesothelioma lawyer may review the client's automobile, home and business insurance records to determine potential sources of exposure. This information can be used to create an asbestos exposure timeline for the person and determine if there are other sources. The majority of mesothelioma lawsuits are filed against manufacturers, distributors or sellers of asbestos-containing products. They can be sued on the basis of strict liability, negligence or product liability. Generally, the asbestos lawyers will claim that these defendants were negligent because they failed to take reasonable care when making or selling their products. They will also claim that the defendants did not provide adequate warnings about the risks associated with the products. The Discovery Phase After you submit your lawsuit, the lawyers of the defendants will begin an exchange called discovery. This may include documents like medical and corporate records, but also statements made under oath in interviews referred to as depositions. Your attorney will help you prepare for a deposition and will be there to assist you during the process. In fact, the top New York mesothelioma attorneys will conduct their own research during this stage of the litigation to gather important evidence that supports your claim and allows you to receive the maximum amount of compensation. An experienced asbestos lawyer will find any evidence that proves the defendants' inaction or negligence led to your illness. In addition to examining documents obtained through discovery, your attorney will also look for information indicating whether you were exposed to other substances or actions that could have triggered mesothelioma. This includes smoking. The mesothelioma process can take months, and you will likely feel like there is nothing happening during this period. Your lawyer will be busy analysing the data gathered during this stage of the legal process to help you win your case. The company's own admissions throughout the litigation process has been an important finding that has allowed asbestos victims to obtain settlements. Many asbestos companies, for example, denied that their products caused cancer and breathing problems for a long time. Their internal documents were revealed in the lawsuits. Atlanta asbestos lawyers showed that they were aware of hazards associated with asbestos but did not warn workers and consumers. Your lawyer will assist you determine if a settlement out of court is the most appropriate option for your case after analyzing all evidence. 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 possibility of losing at trial. An experienced attorney can negotiate the most favorable settlement for you and can assess any offers from the defendants to determine if they are fair. Settlements In many civil cases the amount of compensation is determined by the facts. The type of asbestos-related disease will affect the value of an claim. Mesothelioma is the most serious type of asbestos-related disease, so victims or their surviving family members can get larger settlements than those who have been exposed to other forms of asbestos. Lawsuits can be filed through an experienced NYC mesothelioma lawyer firm to get compensation for medical expenses as well as lost income as well as suffering and suffering, loss of companionship and other damages. If a loved one has died from mesothelioma or another asbestos-related disease, the surviving family members can file a wrongful-death lawsuit. The compensation for mesothelioma lawsuits can be difficult to calculate. A lawyer can review the victim's military or work history to determine the places and times when asbestos was employed. They can identify which companies were responsible for asbestos exposure. A mesothelioma attorney can also examine the symptoms of a victim against the symptoms of cases before to determine a reasonable settlement range. Lawyers usually take on these cases as contingency fees, which means that they do not get paid unless their client receives money. The lawyer will cover any reasonable expenses incurred in the case, and they are reimbursed from the settlement or verdict award. A jury will hear the evidence, and decide on how much compensation a victim is entitled to for their injuries. It is possible that defendants would prefer to go to court instead of settlement. This is particularly true in the event that the plaintiff's asbestos law firm has gotten large settlements in mesothelioma lawsuits. Asbestos victims can also pursue claims through asbestos trust funds, which were set up by companies that once manufactured and distributed asbestos-related products to pay for asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos on the job as well as veterans. However certain funds have been depleted to the point where they are no longer able pay mesothelioma sufferers full compensation. Trial A lawsuit involving asbestos is intended to compensate you for medical expenses, lost income and other damages. These awards are usually based on the length of your exposure as well as the type of asbestos you were exposed to. For instance, a victim might have been exposed to different types of asbestos while working on the power plant or in a shipyard. A mesothelioma lawyer must be knowledgeable about the various types of asbestos and their effects on various diseases. In an asbestos lawsuit the defendants could have different views on paying compensation to victims. They could also employ several tactics to avoid paying out claims. Your lawyer should be able to anticipate these tactics to ensure that your case proceeds quickly. The defendant is often attempting to delay the process by filing frivolous and unfounded motions that are likely to be denied. Our mesothelioma lawyers have experience in securing the outcome of these strategies and ensuring that your case gets swiftly resolved. Once the evidence is gathered, your mesothelioma attorney will create a trial plan and present it to the court. A successful trial requires careful preparation and attentiveness. The strategy will be tailored to your particular situation, 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 significant award for you or your loved one. If the defendants do not appeal the verdict, then payments can be made within a few weeks following the trial. Defendants can decide to appeal a verdict. However, this will delay any monetary award. They may also choose to pay a smaller amount or even nothing at all. In 2022, a jury gave $43 million to a woman working in a plant that used asbestos fire doors. The time frame for filing an asbestos claim or lawsuit varies by state, but in general, the statute of limitations begins from the moment you are diagnosed mesothelioma. Family members of a victim who died may be eligible to bring a mesothelioma-related wrongful death lawsuit.