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How to File an Asbestos Exposure Lawsuit An asbestos exposure lawsuit can result in a compensation payout for the victim or loved ones. Each case is different, but there are common elements. A lawyer will determine if you were exposed to asbestos and the companies responsible. Many asbestos producers have filed for bankruptcy and set up trusts in bankruptcy to allow people to make claims. File a Claim Each asbestos case is unique, but some elements are common. For a plaintiff to win their claim, they need to show that they were exposed to asbestos, have a mesothelioma or other asbestos-related diseases and have suffered damage due to the exposures. The asbestos lawsuits typically involve a personal injury or wrongful death claim. In a personal injury suit the person suffering from mesothelioma files suit against the companies that produced or sold asbestos-based products they were exposed to in the workplace or during military service. Families who have lost loved one to mesothelioma, or another asbestos-related disease are able to file wrongful death lawsuits. The statute of limitations is very strict and you should submit your asbestos lawsuit as quickly as possible. The precise statutes of limitation will vary from state to state and can be as brief as one year. A mesothelioma attorney can help a victim determine if they're eligible to make an asbestos lawsuit, and what the ideal timeframe may be for filing a case. A mesothelioma suit seeks financial compensation to cover medical expenses as well as lost income and other costs associated with the illness. Joliet asbestos lawyers for mesothelioma sufferers can reach hundreds of thousands or even more. Mesothelioma can only be caused by asbestos exposure. Major companies knew of the risks associated with asbestos but didn't warn workers or the public. An asbestos lawyer can review the history of an individual's employment and military documents to determine the cause of exposure. An experienced mesothelioma lawyer will also look over the client's business, home, and auto insurance records to identify possible sources of exposure. This information can be used to create a timeline of asbestos exposure for the person and determine if there are any additional sources. The majority of mesothelioma lawsuits are filed against asbestos-containing manufacturers, distributors, or sellers. These companies can be sued for negligence, strict liability or product liability. The asbestos lawyers generally assert that the defendants were negligent for failing to exercise reasonable care when manufacturing, selling, or utilizing their products. They will also claim that the defendants did not adequately warn regarding the dangers associated with the products. The Discovery Phase When you submit your lawsuit, the lawyers of the defendants begin an exchange called discovery. This may include documents like medical documents and corporate records but also statements made in interviews under oath, called depositions. Your attorney will assist you prepare for depositions and will be there to assist you during the procedure. In fact, the top New York mesothelioma attorneys will conduct their own research in this phase of the litigation to gather crucial evidence that supports your claim and helps you obtain the maximum amount of compensation. An experienced asbestos lawyer will uncover any evidence that shows the defendants' inaction or negligence caused your condition. Your attorney will review documents that are obtained through discovery and search for evidence that suggests whether you were exposed other products or activities which could have led to mesothelioma. It is possible to feel like there is nothing happening when the mesothelioma research process takes months. However your lawyer will be hard at work analyzing the evidence gathered during this stage of the legal process to strengthen your case. The company's own admissions in the litigation process have been a key discovery that has helped asbestos victims win settlements. Many asbestos companies, for example did not admit that their product caused cancer and breathing problems for decades. However, their internal documents surfaced during the lawsuits, revealing that they knew about asbestos' dangers but failed to warn consumers and workers. After reviewing all the evidence in your case Your lawyer will assist you determine if an out-of-court settlement is a good option. The vast majority of asbestos cases reach settlements rather than going to trial because this allows victims to receive compensation quicker and reduce the risk of a loss in the event of a trial. An experienced attorney can negotiate the most favorable settlement for you and evaluate any offers made by defendants. Settlements In many civil cases the amount of compensation is given based on the facts. The type of asbestos-related illness can impact the value of a claim. Mesothelioma is the most severe type of asbestos illness, so those who suffer from it or their surviving family members can get larger settlements than those who been exposed to other forms of asbestos. Lawsuits can be filed through an experienced NYC mesothelioma law firm in order to get compensation for medical expenses, lost income and pain and suffering and loss of companionship, among other damages. Surviving family members can also make a wrongful-death lawsuit when their loved ones passed away from mesothelioma or an asbestos-related illness. Compensation in a mesothelioma lawsuit can be difficult to estimate. An attorney can review the work of a victim as well as military history to determine if and when asbestos may have been used. Then they can determine the companies responsible for the exposure to asbestos. An attorney for mesothelioma can compare a victim's symptoms with the symptoms of cases before to determine a reasonable settlement range. Lawyers usually take on these cases as contingency fees, meaning that they don't get paid until their client receives money. The attorney will finance all reasonable case-related expenses and will be reimbursed from the verdict or settlement. A jury will listen to the evidence, and then decide how much compensation a victim is entitled to for their injuries. However, it is possible that the defendants will prefer to go to trial instead of reaching an agreement. This is especially the case when the asbestos law firm has experience winning large verdicts in mesothelioma cases. Asbestos sufferers can also pursue claims through asbestos trust funds which were created by companies that manufactured and distributed asbestos-related products to cover asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos in the workplace and also veterans. Some of these funds are depleted and will no longer pay full compensation to mesothelioma patients. Trial The goal of an asbestos lawsuit is to obtain compensation for medical expenses as well as loss of income and other damages. In general, the amount of compensation you receive will depend on the length of your exposure as well as the type of asbestos you were exposed to. A victim may have been exposed to a variety of asbestos in the shipyard, power plant or other industrial setting. A mesothelioma attorney should be knowledgeable about the various kinds of asbestos and their effects on various diseases. In a lawsuit involving asbestos the defendants could have different attitudes towards the compensation of victims. They could also employ different strategies to avoid paying out claims. Your attorney should be able anticipate these strategies to ensure your case proceeds quickly. The defendant is often attempting to delay the process by filing frivolous, unfounded motions that are most likely to be denied. Our mesothelioma lawyers are experienced and are able to stop these tactics and ensure that your case is settled quickly. Your mesothelioma lawyer will then develop a trial plan and submit it to court once the evidence is gathered. A successful trial requires a lot of preparation and a keen eye for detail. The plan will be adapted to suit your particular situation, since the jury's decision will depend on how they understand the evidence. A successful verdict could mean an amount that is substantial for you or loved ones. If the defendants don't appeal the verdict, you could receive payments within a few months after the trial. Defendants may choose to appeal the decision, however this will delay any monetary award until the appeal is complete. They may also choose to pay less or no payment. In 2022, the jury awarded $43,000,000 to a worker working in a plant that used asbestos fire doors. The time period for filing an asbestos lawsuit or claim can differ from state to state. However, in the majority instances, it starts when you are diagnosed with mesothelioma. Families of deceased victims may also be able to file an action for mesothelioma-relatedwrongful death.