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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure can result in compensation being given to the victim or their loved family members. Each case is unique however there are some aspects that are common. An attorney will determine where asbestos exposure occurred and which companies are liable. Many asbestos producers went through bankruptcy and created trusts to help people make claims. File a Claim Each asbestos case is unique however, there are a few aspects that are common to all claims. To win a claim the plaintiff must prove that they were exposed, have mesothelioma, or another asbestos-related disease, and have suffered losses. Asbestos lawsuits typically are based on the basis of a personal injury or wrongful death claim. In a personal injury lawsuit, a person who has mesothelioma files suit against the companies that produced or sold asbestos-based products to which they were exposed during work 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 crucial to start an asbestos lawsuit as quickly as possible because there are tight statutes of limitations in place. State-by-state, the statutes for limitation could be as little as a year. A mesothelioma lawyer can assist patients determine if they're qualified to file an asbestos lawsuit and what the best time frame for filing their claim. A mesothelioma lawsuit seeks financial compensation to cover medical expenses, lost income and other expenses related to the illness. Settlements for mesothelioma patients can reach hundreds of thousands or more. Mesothelioma is only caused by asbestos exposure. Major companies knew of the dangers associated with asbestos, but did not warn workers or the public. An asbestos attorney can examine a person's employment history and military service records to identify the source of their exposure. A mesothelioma lawyer may also review the client’s auto business, home and insurance records to identify potential sources of exposure. They can then make use of this information to develop a timeline of the individual's asbestos exposure and determine if any other sources of exposure exist. Most mesothelioma lawsuits are filed against asbestos-containing product manufacturers distributors, sellers, or manufacturers. They can be sued for negligence, strict liability, or product liability. The asbestos lawyers will generally assert that the defendants were negligent for not exercising reasonable care in making, selling or using their products. They will also assert that the defendants did not provide proper warnings of the dangers of their products. The Discovery Phase After you file your lawsuit, the lawyers for the defendants will initiate an exchange of information, also known as discovery. This includes documents such as medical and corporate records, but also statements made under oath in interviews referred to as depositions. Your lawyer will assist you prepare for a deposition and be available to assist you during the process. The top New York mesothelioma lawyers will conduct their own research in order to gather evidence that supports your claim, and assist you get maximum compensation. An experienced asbestos lawyer will uncover any evidence that shows the defendants' negligence or inaction resulted in your condition. In addition to examining documents obtained through discovery, your attorney will also search for evidence indicating whether you were exposed to other substances or actions that could have triggered mesothelioma, such as smoking cigarettes. You may feel that there is nothing happening when the mesothelioma examination process can take months. However your lawyer will be at work combing through the evidence gathered during this part of the legal process in order to improve your case. A key piece of evidence that has helped victims obtain asbestos settlements is the company's own admissions during the litigation process. For instance, many asbestos companies have denied for years that their product could cause breathing issues and cancer. The company's internal documents were uncovered during the litigation. They revealed that they were aware of asbestos dangers, but did not warn consumers and workers. After reviewing all evidence available in your case Your lawyer will assist you decide if an out-of-court settlement is a viable option. The vast majority of asbestos cases settle 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 on your behalf and can assess any offers from the defendants to determine if they are fair. Settlements In a lot of civil cases the amount of compensation awarded will depend on the case facts. For example, the type of asbestos-related disease can determine how much an claim is worth. Mesothelioma is the most serious form of asbestos-related illness which is why victims or their surviving family members could receive higher settlements than those who been exposed to other forms of asbestos. Lawsuits can be filed with an experienced NYC mesothelioma law firm in order to recover damages for medical expenses as well as lost income and pain and suffering, loss of companionship and other damages. If someone close to you has died from mesothelioma or another asbestos-related illness, the surviving family members can file a wrongful deaths lawsuit. Compensation in a suit for mesothelioma may be difficult. A lawyer can examine the work of the victim and their military history to determine where asbestos could have been used. They can identify the companies responsible for exposure to asbestos. A mesothelioma lawyer will also compare the mesothelioma victim's symptoms with those of previous cases in order to determine an acceptable range of settlement offer. Lawyers typically handle these cases as contingency fee, meaning that they are not paid unless their client receives money. Bethlehem asbestos lawyer will pay for all of the reasonable expenses associated with the case and will be paid out of the verdict or settlement. A jury will listen to the evidence and decide how much compensation a victim is entitled to for their injuries. It is possible that defendants might want to go to court instead of settling. This is particularly true if the plaintiff’s asbestos law firm has won significant verdicts in mesothelioma cases. Asbestos victims might also be eligible to make claims through asbestos trust fund, which was put by companies that once manufactured and distributed asbestos product to pay for asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos while working as well as veterans. Some of these funds are depleted and will not offer the full amount of compensation to mesothelioma sufferers. Trial An asbestos lawsuit is intended to compensate you for medical expenses, lost income and other damages. The majority of the amount of compensation you receive will depend on the duration of exposure and the type of asbestos you were exposed to. A victim might have been exposed to a variety of asbestos in an energy plant, shipyard or in other industrial settings. A mesothelioma attorney should be knowledgeable about the various types of asbestos and their effects on different diseases. The defendants in an asbestos lawsuit have diverse opinions about compensating victims. They might resort to a variety of strategies to avoid paying claims. Your lawyer will be able anticipate these tactics and ensure that your case progresses swiftly. The defendant will often attempt to delay the process by filing frivolous, unfounded motions that are most likely to be denied. Our mesothelioma lawyers have experience and know how to deter these types of tactics and ensure that your case is settled promptly. Your mesothelioma lawyer will create a trial strategy and present it to the court once evidence has been gathered. A successful trial requires meticulous preparation and attention. The plan will be tailored to suit your particular situation, since the jury's verdict will be based on how they understand the evidence. A successful verdict can result in a large amount for you or your loved ones. If the defendants don't contest the verdict, payment are due within a few weeks of the trial. Defendants can decide to appeal the verdict, but this could delay any monetary award until the appeal is completed. They may also decide to pay a lesser amount or even nothing at all. In 2022, the jury gave $43 million to a woman working in a plant that used asbestos fire doors. The deadline to file an asbestos lawsuit or claim varies according to the state, however in most cases the statute of limitations starts as soon as you are diagnosed with mesothelioma. Family members of a victim who died may be eligible to make a mesothelioma wrongful-death lawsuit.