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How to File an Asbestos Exposure Lawsuit An asbestos exposure lawsuit can result in a settlement for the victim or their loved ones. Each case is unique however there are some aspects that are common. A lawyer will be able to determine where you were exposed to asbestos and which companies are responsible. Many asbestos producers went bankrupt and set up trusts in bankruptcy for people to make claims. Claim your Benefits Every asbestos case is different, but there are some elements that are common to most claims. In order for a plaintiff to prevail in their case, they must prove that they were exposed to asbestos, suffer from mesothelioma or another asbestos-related illness and they have suffered damage because of those exposures. The asbestos lawsuits typically include the personal injury or wrongful death claim. In a personal injury lawsuit, the person who has mesothelioma files a suit against the companies who manufactured or sold asbestos-based products they were exposed to in the workplace or during military service. The lawsuits for wrongful death are filed on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related illness. It is essential to file an asbestos lawsuit as quickly as possible because there are strict statutes of limitations in place. The exact statutes of limitations will vary from state to state and could be as short as a year. A mesothelioma lawyer can assist patients determine if they're qualified to file an asbestos lawsuit and what the ideal timeframe is for filing their claim. A mesothelioma suit seeks financial compensation to cover medical expenses as well as lost income and other expenses related to the disease. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements. Asbestos exposure is the only known cause of mesothelioma. Torrance asbestos attorney were aware of the dangers associated with asbestos, but did not warn workers or the public. An asbestos attorney can examine the person's work history and military service records to determine the source of their exposure. A mesothelioma lawyer can review the client's automobile, home and business insurance records to identify potential sources of exposure. This information can be used to create a timeline of asbestos exposure for the individual and determine if there are any additional sources. The majority of mesothelioma claims are made against sellers, distributors, or manufacturers of asbestos-containing products. They can be sued on the basis of strict liability, negligence or product liability. The asbestos lawyers will assert that the defendants were negligent as they did not exercise reasonable care when producing, selling or using their products. They will also assert that the defendants did not provide proper warnings of the risks associated with their products. The Discovery Phase After you submit your lawsuit, the lawyers of the defendants will begin the process of discovery. This may include documents like 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 be present during the deposition. The most effective New York mesothelioma lawyers will conduct their own research in order to gather evidence that can support your claim, and help you obtain the highest amount of compensation. A knowledgeable asbestos lawyer can uncover any evidence that shows the defendants' inaction or negligence caused your condition. In addition to reviewing documents received through discovery, your lawyer will also look for information that indicates whether you were exposed to other products or activities that could have led to mesothelioma. For instance, smoking. The mesothelioma discovery process can take a long time, and you'll likely feel as if nothing is happening during this period. Your lawyer will be busy analysing the data gathered during this stage of the legal process to improve your case. The company's own admissions throughout the litigation process has been an important finding which has helped asbestos victims get settlements. Many asbestos companies, for example did not admit that their product caused cancer and breathing problems for decades. However, their internal documents came out during the lawsuits, revealing that they knew about the dangers of asbestos but did not warn workers and consumers. After reviewing all the evidence available in your case Your lawyer will assist you decide if an out-of-court settlement is the best option. The majority of asbestos cases reach settlements rather than going to trial because this allows the victims to receive money quicker and reduce the risk of a loss at trial. An experienced lawyer will negotiate the best possible settlement for you and will evaluate any offers made by the defendants to determine whether they are fair. Settlements In many civil cases, the amount of compensation that is awarded depends on the facts. For instance, the type of asbestos-related illness will determine how much an claim is worth. Mesothelioma is the most severe type of asbestos-related illness, can result in a bigger settlement for the victims or their families. Lawsuits can be filed through an experienced NYC mesothelioma lawyer firm to seek compensation for medical expenses as well as lost income, suffering and suffering and loss of companionship, among other damages. Surviving family members can also make a wrongful-death lawsuit when their loved ones died of mesothelioma, or another asbestos-related disease. The amount of compensation in a mesothelioma lawsuit isn't always easy to determine. An attorney can look over a victim's military and work history to see the places and times when asbestos was most likely to be employed. They can determine which companies were responsible for exposure to asbestos. A mesothelioma lawyer can compare a victim's symptoms with similar cases in the past to determine a fair settlement amount. Typically, lawyers handle cases on a contingency basis, which means that they do not get paid unless they recover funds for their client. The attorney will finance all of the reasonable case-related expenses and will be paid out of the verdict or settlement. A jury will listen to the evidence and then decide how much a victim should be compensated for their injuries. It is also possible that the defendants will want to go to trial instead of settling a settlement. This is especially the case in the event that the plaintiff's asbestos law firm has had success in obtaining large verdicts in mesothelioma cases. Asbestos victims may also pursue claims through asbestos trust funds, which were established by companies that manufactured and distributed asbestos-related products to pay for asbestos-related liabilities. These funds are reserved for those exposed to asbestos in the workplace and also veterans. Some of these funds are depleted and they can not pay full compensation to mesothelioma patients. Trial A lawsuit involving asbestos is intended to provide compensation for medical expenses, lost income, and other damages. The amount of compensation is usually dependent on the duration of your exposure as well as the type of asbestos that you were exposed to. For instance, a victim may have been exposed to multiple types of asbestos while working on a power plant or at the shipyard. A mesothelioma lawyer should be knowledgeable about the various types of asbestos and their effects on various diseases. In an asbestos lawsuit, the defendants may have different attitudes towards paying compensation to victims. They could also employ various strategies to avoid paying claims. Your attorney should be able anticipate these strategies to ensure that your case is resolved quickly. For instance, defendants might try to delay the process by filing frivolous motions that are most likely to be rejected by the judge. Our experienced mesothelioma attorneys know how to thwart these types of tactics and ensure that your case is settled quickly. Your mesothelioma lawyer will then create a trial strategy and submit it to court once the evidence is taken. A successful trial requires thorough preparation and a keen eye for the smallest details. The plan will be tailored to your specific circumstances, as the jury's verdict will be based on how they understand the evidence. A successful verdict could result in a substantial amount for you or your loved ones. If the defendants aren't able to appeal the verdict, then payments are due within a few weeks after the trial. Defendants have the option of appealing the decision, however this will delay any financial award until the appeal is concluded. They may also choose to pay less or nothing. In 2022, a 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 from state to state. However, in most cases, it begins when you are diagnosed with mesothelioma. Family members of a deceased victim may be eligible to file a mesothelioma wrongful death lawsuit.