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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure can result in compensation for a victim or their loved ones. Every case is unique however, there are some aspects that are common. An attorney will determine where asbestos exposure occurred and which companies are responsible. Many asbestos producers went through bankruptcy and created trusts to help people make claims. File a Claim Every asbestos case is unique however, there are a few elements that are common to most claims. For a plaintiff to win their case, they must show that they were exposed to asbestos, they suffer from mesothelioma, or any other asbestos-related diseases and have suffered damage because of those exposures. The asbestos lawsuits typically include either a personal injury or death claim. In a personal injury suit, 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. Families who lost a loved one to mesothelioma, or another asbestos-related illness may file wrongful-death lawsuits. It is important to submit an asbestos lawsuit as quickly as you can, since there are strict statutes of limitations in place. The specific statutes of limitations will vary from state to state and could be as short as a year. A mesothelioma lawyer will help patients determine if they're qualified to bring an asbestos lawsuit and also what the most appropriate time frame for filing their claim. In a mesothelioma lawsuit, the plaintiff seeks compensation for medical expenses, lost wages, and other costs associated with the disease. Mesothelioma victims often receive hundreds of thousands of dollars or more in settlements. Mesothelioma can only be caused by asbestos exposure. The dangers of asbestos were known to major companies, but they did not inform their workers or the public. An asbestos lawyer can examine the history of an individual's employment and military documents to determine the cause of exposure. A seasoned mesothelioma lawyer will also examine the client's home, business and auto 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 lawsuits are filed against manufacturers, distributors or sellers of asbestos-containing products. They can be sued for negligence, strict liability, or product liability. The asbestos lawyers will argue that these defendants were negligent as they failed to take reasonable care when producing or selling their products. They will also argue that the defendants did not provide proper warnings of the dangers of their products. The Discovery Phase When you start your lawsuit and the lawyers of the defendants begin an exchange called discovery. This includes documents such as medical and corporate records, however, it also includes statements made under oath during interviews, which are known as depositions. Your attorney will assist in preparing for a deposition, and will be present during the proceedings. In reality, 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 assists you to obtain the maximum amount of compensation. A skilled asbestos lawyer can discover any evidence that indicates the defendants' inaction or negligence caused your condition. In addition to examining documents uncovered through discovery, your lawyer will also look for information about whether you were exposed to other products or activities that could have caused mesothelioma. This includes smoking. The mesothelioma discovery process can take a long time, and you may feel like there is nothing happening during that period. However your lawyer will be hard at work, scouring through the evidence gathered during this stage of the legal process in order to improve your case. The company's own admissions during the litigation process was an important finding which has helped asbestos victims get settlements. For instance, many asbestos companies have denied for years that their product could cause breathing issues and cancer. But their own internal documents surfaced during the lawsuits, revealing that they knew about asbestos' dangers but did not warn the public or workers. Your lawyer will assist you determine if a settlement out of court is the most appropriate solution for your situation after reviewing all evidence. The majority of asbestos cases reach settlements instead of going to trial, as this allows the victims to receive their money quicker and reduce the risk of a loss in the event of a trial. An experienced attorney will negotiate the most favorable settlement for you and will evaluate any offers made by the defendants to determine whether they are fair. Settlements In many civil lawsuits, the amount of compensation that is determined by the facts. For instance, the type of asbestos-related disease can determine the amount an claim is worth. Ann Arbor asbestos attorneys , the most severe form of asbestos-related illness, can result in a bigger settlement for the victim or their families. Lawsuits can be filed with an experienced NYC mesothelioma law firm to recover damages for medical expenses as well as lost income as well as pain and suffering, loss of companionship and other damages. Family members of the deceased can make a wrongful-death lawsuit if their loved one died from mesothelioma or another asbestos-related illness. Compensation in a lawsuit for mesothelioma may be difficult. An attorney can look over the victim's military or work history to determine the places and times when asbestos was likely used. They can determine the companies responsible for exposure to asbestos. A mesothelioma lawyer will also compare the mesothelioma victim's symptoms with those of other cases in order to arrive at an acceptable range for a settlement offer. Lawyers usually handle these cases as contingency fees, meaning that they don't get paid unless their client receives money. The lawyer will pay for all of the reasonable costs associated with the case and then be reimbursed from the settlement or verdict award. A jury will consider the evidence and decide how much compensation a victim is entitled to for their injuries. It is possible, however, that the defendants may want to go to court instead of settling. This is particularly true if the plaintiff’s asbestos law firm has won large verdicts in mesothelioma cases. Asbestos sufferers can also pursue claims through asbestos trust funds which were established by companies that once manufactured and distributed asbestos-related products to cover asbestos-related liabilities. These funds are reserved for those who have been exposed to asbestos at work, including veterans. Some of these funds are depleted and will no longer pay the full amount to mesothelioma patients. Trial An asbestos lawsuit is designed to pay for medical expenses, lost income and other damages. These awards are usually determined by the duration of your exposure and type of asbestos you were exposed to. For instance, a person might have been exposed different kinds of asbestos while working on the power plant or in the shipyard. Therefore, a mesothelioma lawyer must be knowledgeable about the different types of asbestos and the ways it can cause different diseases. The defendants in an asbestos lawsuit may have different attitudes toward compensating victims and might resort to a variety of strategies to avoid paying for claims. Your attorney should be able to anticipate these tactics and ensure that your case is handled swiftly. For instance, defendants might attempt to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers have experience in thwarting these tactics and ensuring that your case is completed quickly. Once the evidence has been gathered, your mesothelioma attorney will prepare a trial plan and submit it to the court. A successful trial requires thorough preparation and attention to the smallest details. The plan will be tailored to suit your particular situation, since the jury's decision is contingent on their understanding of the evidence. A verdict that is successful could result in a large payout for you or your loved ones. If the defendants do not contest the verdict, payment can be made within a few weeks following the trial. Defendants can decide to appeal the verdict, but this could delay any monetary award until the appeal is concluded. They can also decide to pay a lesser amount or none at all. In 2022, a jury gave $43 million to a woman who worked at a factory that used asbestos fire doors. The deadline to file an asbestos lawsuit or claim differs by state, however generally speaking, the statute of limitations begins when you are diagnosed with mesothelioma. Families of deceased victims may also be able file an action against mesothelioma for wrongful death.