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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure could result in compensation being given to the victim or their loved ones. Each case is unique however there are some elements that are common. An attorney will determine where exposure to asbestos occurred and which companies are responsible. Many asbestos producers have filed for bankruptcy and set up trusts in bankruptcy that allow people to claim compensation. Claim your Benefits Each asbestos case is unique, but some aspects are common to all. For a plaintiff to win their claim, they need to prove that they were exposed to asbestos, they have a mesothelioma or other asbestos-related illness and they have suffered damage due to the exposures. Asbestos lawsuits usually are founded on the basis of a personal injury or wrongful death claim. In a personal injury suit one suffers from mesothelioma files a lawsuit against the companies that manufactured or sold asbestos-based products they were exposed to at the workplace or during military service. Peoria asbestos lawyers who lost a loved one to mesothelioma, or any other asbestos-related illness may file wrongful-death lawsuits. The statute of limitations is extremely strict and you should submit your asbestos lawsuit as soon as possible. State-by-state the statutes of limitation can be as short as a year. A mesothelioma lawyer can help sufferers determine if they're qualified to bring an asbestos lawsuit and also what the most appropriate time frame is to file their claim. A mesothelioma lawsuit seeks financial compensation to cover medical expenses loss of income, as well as other expenses related to the disease. Settlements for mesothelioma patients can reach hundreds of thousands or more dollars. Mesothelioma is caused by asbestos exposure. Major companies knew of the risks associated with asbestos, but didn't warn employees or the public. An asbestos lawyer can review the person's employment history and military documents to determine the cause of exposure. A mesothelioma lawyer may review the client's automobile, home and business insurance records to find possible sources of exposure. This information can be used to construct an asbestos exposure timeline for the person and determine if there are any other sources. Most mesothelioma lawsuits are filed against asbestos-containing manufacturers distributors, sellers, or manufacturers. These companies can be sued for negligence, strict liability, or product liability. In general, asbestos lawyers will argue that the defendants were negligent as they failed to exercise reasonable care when manufacturing or selling their products. They will also argue the defendants did not provide adequate warnings about the risks associated with the products. The Discovery Phase After you file your lawsuit, the lawyers for the defendants will start an exchange of information called discovery. This can include documents like medical records and corporate records but also statements made during interviews under oath. These are known as depositions. Your attorney will help you prepare for a deposition and will be present to assist you throughout the process. The best New York mesothelioma lawyers will conduct their own research in order to gather evidence that supports your claim, and assist you receive the maximum amount of compensation. An experienced asbestos lawyer will find any evidence that proves the defendants' inaction or negligence caused your condition. In addition to looking over documents received through discovery, your attorney will also search for evidence indicating whether you were exposed to other substances or actions that could have triggered mesothelioma. This includes smoking cigarettes. It is possible to feel like nothing is happening while the mesothelioma research process takes months. However your lawyer will be hard at work combing through the information gathered in this phase of the legal process to strengthen your case. A key piece of evidence that has aided victims obtain asbestos settlements is the company's own admissions through the litigation process. Many asbestos-related companies, for instance have denied that their product caused cancer or breathing problems for decades. Their own internal documents were uncovered during the lawsuits. They showed that they were aware of the hazards associated with asbestos however, they failed to warn workers and consumers. Your lawyer will help you determine if a settlement outside of court is the best option for your case after examining all evidence. Most asbestos cases are settled out of court, rather than going to trial. This lets victims receive their money faster and avoids the risk of losing at trial. An experienced attorney can negotiate the most favorable settlement for you and will review any offers from the defendants to determine if they are fair. Settlements In many civil cases the amount of compensation is given based on the facts. For instance, the type of asbestos-related disease can determine the amount of a claim is worth. Mesothelioma is the most severe type of asbestos-related disease and therefore, victims or their surviving family members can get larger settlements than those who have suffered from other forms of exposure. 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. Surviving family members can also file a wrongful death lawsuit in the event that a loved one has died from mesothelioma or another asbestos-related disease. The compensation in a lawsuit involving mesothelioma may be difficult. An attorney can look over the victim's military or work history to see where and when asbestos was used. They can then determine the companies responsible for exposure to asbestos. A mesothelioma lawyer may also compare the mesothelioma patient's symptoms with those of previous cases to come up with an acceptable range for a settlement offer. Lawyers usually take on these cases as contingency fee, meaning that they do not get paid until their client receives money. The lawyer will cover all reasonable expenses associated with the case, and they will be reimbursed through the settlement or verdict. A jury will hear the evidence and decide how much the victim should be compensated 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 secured large verdicts in mesothelioma cases. Asbestos victims may also be eligible to make claims through the asbestos trust fund, which was put by companies that once manufactured and distributed asbestos product to cover asbestos related liabilities. These funds are reserved for those who were exposed to asbestos on the job, including veterans. However some of these funds have been drained to the point that they are no longer able pay mesothelioma victims full compensation. Trial The purpose of a lawsuit involving asbestos is to seek compensation for medical expenses as well as loss of income and other damages. These awards are usually dependent on the duration of your exposure as well as the type of asbestos that you were exposed to. A victim might have been exposed multiple types of asbestos in a power plant, shipyard or other industrial setting. A mesothelioma attorney should be familiar with the different kinds of asbestos and their effects on a variety of diseases. The defendants in an asbestos lawsuit have varying views on compensating victims and might resort to a variety of strategies to avoid paying claims. Your attorney must be able to recognize these tactics and ensure that your case is handled swiftly. For example, defendants will attempt to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our experienced mesothelioma attorneys are able to stop these types of tactics and ensure that your case gets resolved promptly. Your mesothelioma lawyer will create a trial strategy and submit it to court once the evidence is taken. A successful trial requires a lot of 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 their understanding of the evidence and how it is applied to your particular case. A successful verdict can result in a significant payout for you or your loved ones. If the defendants don't appeal the verdict, you can receive payments within a few months of the trial. Defendants can decide to appeal the decision, however this will delay any financial award until the appeal is concluded. They may also choose to pay a smaller amount or even nothing at all. In 2022, the jury awarded $43,000,000 to a woman employed in a factory that had asbestos fire doors. The time period for filing an asbestos claim or lawsuit can differ by state. However, in the majority of cases it begins when you are diagnosed with Mesothelioma. Families of deceased victims may be able to file an action for mesothelioma-relatedwrongful death.