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How to File an Asbestos Exposure Lawsuit An asbestos exposure lawsuit can result in compensation for a victim or loved ones. Each case is unique, but there are certain aspects that are common. A lawyer will determine where you were exposed to asbestos and the companies responsible. Many asbestos manufacturers have filed for bankruptcy and set up up bankruptcy trusts that allow people to claim compensation. File a Claim Each asbestos case is unique, but there are some aspects that are common to all claims. To be successful in a claim, a plaintiff must prove that they were exposed, have mesothelioma or another asbestos-related illness, and that they have suffered damages. Asbestos lawsuits typically are founded on the basis of a personal injury or wrongful death claim. In a personal injury lawsuit, a person who has mesothelioma sues the companies who made or sold asbestos-based goods to which they were exposed while at work or in military service. In wrongful death lawsuits, the plaintiffs file on behalf of family members who have lost loved loved ones to mesothelioma or an asbestos-related illness. It is crucial to submit an asbestos lawsuit as soon as you can, since there are tight statutes of limitations in place. State-by-state, the statutes for 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 ideal timeframe could be for filing their case. In a mesothelioma-related 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. Mesothelioma can only be caused by exposure to asbestos. The dangers of asbestos were known to large companies, but they did not inform their workers or the public. An asbestos lawyer can look over a person’s employment history and military records to determine the source of exposure. A seasoned mesothelioma lawyer will also review the client's home, business and insurance policies to find potential sources of exposure. They can then utilize this information to create an outline of the person's asbestos exposure and determine if any other sources of exposure exist. The majority of mesothelioma lawsuits are filed against asbestos-containing product manufacturers, distributors, or sellers. These companies can either be sued on the basis of strict liability, negligence, or product liability. In general, asbestos lawyers will assert that the defendants were negligent as they did not exercise reasonable care when making, selling or using their products. They will also argue that the defendants did not provide adequate warnings of the dangers associated with their products. The Discovery Phase After you submit your lawsuit and your lawyer, the defendants start an exchange called discovery. This can include documents such as medical records and corporate records, but also statements made in interviews under oath, referred to as depositions. Your attorney will assist you prepare for depositions and will be present to assist you during the process. In reality, the top New York mesothelioma attorneys will conduct their own research during this phase of the lawsuit to gather essential evidence that proves your claim and allows you to get maximum compensation. A knowledgeable asbestos lawyer can uncover any evidence that shows the defendants' inaction or negligence caused your condition. In addition to looking over documents uncovered through discovery, your attorney will also look for information that indicates whether you were exposed to other products or actions that could have triggered mesothelioma, such as smoking. The mesothelioma process can take a long time, and you may feel like nothing is happening during this time. However your lawyer will be at work analyzing the information gathered in this part of the legal process to strengthen your case. The company's own admissions throughout the litigation process was an important discovery that has allowed asbestos victims to obtain settlements. For instance, a lot of asbestos companies denied for decades that their asbestos products could cause breathing problems and cancer. But their own internal documents came out during the lawsuits, showing that they knew about asbestos' dangers but failed to warn the public or workers. After reviewing all evidence available in your case the lawyer will help you determine if an out-of-court settlement is a viable option. The majority of asbestos cases settle settlements instead of going to trial, as this allows the victims to receive money faster and avoid the risk of a loss in the event of a trial. An experienced attorney will negotiate the most favorable settlement on your behalf and will review any offers from the defendants to determine whether they are fair. Settlements In many civil cases, the amount of compensation awarded depends on the specific facts of the case. For example, the type of asbestos-related illness will determine the amount of a claim is worth. Mesothelioma is the most severe type of asbestos-related disease which is why the victims or their family members may receive larger settlements than those who have suffered other types of exposure. Lawsuits can be filed with an experienced NYC mesothelioma lawyer firm to get compensation for medical expenses, lost income and suffering and suffering as well as loss of companionship and other damages. Murfreesboro asbestos attorneys who are survivors can file a wrongful death lawsuit when their loved ones died of mesothelioma, or another asbestos-related disease. The amount of compensation in a mesothelioma lawsuit can be difficult to calculate. An attorney can look over the victim's military and work history to see where and when asbestos was used. Then, they can determine which companies are responsible for the exposure to asbestos. A mesothelioma attorney can also compare a victim's symptoms with similar cases in the past to determine a fair settlement amount. Typically, lawyers work on cases on a contingency basis, which means that they don't get paid until they have recovered funds for their client. The lawyer is responsible for any reasonable expenses incurred in the case, and they will be reimbursed from the settlement or verdict award. A jury will listen to the evidence and decide what amount of 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 especially the case if the plaintiff’s asbestos law firm has won significant verdicts in mesothelioma cases. Asbestos victims might also be able to file claims through the asbestos trust fund, which was set by companies that produced and distributed asbestos-based products to pay for asbestos-related liabilities. These funds are for those who were exposed to asbestos at work as well as veterans. Some of these funds are depleted and they can not be used to provide the full amount to mesothelioma patients. Trial An asbestos lawsuit is intended to compensate you for medical expenses, lost income, and other damages. The amount you receive is typically determined by the duration of your exposure and the type of asbestos you were exposed to. For instance, a victim might have been exposed multiple types of asbestos while working at an energy plant or in a shipyard. So, a mesothelioma lawyer should be familiar with every type of asbestos and how it could cause different diseases. The defendants in an asbestos lawsuit have varying attitudes toward compensating victims and may resort to various strategies to avoid paying claims. Your lawyer should be able to anticipate these strategies to ensure that your case will be resolved quickly. For example, defendants will try to delay the process by filing frivolous motions that are most likely to be rejected by the judge. Our mesothelioma lawyers are skilled in defying these tactics and making sure that your case is resolved quickly. Your mesothelioma attorney will develop a trial plan and present it to the court after the evidence has been collected. A successful trial requires careful preparation and a keen eye. The strategy will be tailored to your specific circumstances, as the jury's decision is contingent on how they understand the evidence. A successful verdict could mean an amount that is substantial for you or someone you love. If the defendants don't appeal the verdict, then payments can be made within a few weeks of the trial. Defendants may choose to appeal the verdict, but this could delay any monetary award until the appeal is concluded. They can also opt to pay a lesser amount or even nothing at all. In 2022, a jury gave $43 million to a woman working at a factory using asbestos fire doors. The deadline to file an asbestos lawsuit or claim differs by state, however generally speaking, the statute of limitations starts as soon as you are diagnosed mesothelioma. Families of deceased victims could also be able to file an action for mesothelioma-relatedwrongful death.