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How to File an Asbestos Exposure Lawsuit An asbestos exposure lawsuit could result in compensation for a victim or loved ones. Each case is unique, however there are some common elements. A lawyer will be able to determine where you were exposed to asbestos and which companies are accountable. Many of the asbestos manufacturers went bankrupt and established trusts in bankruptcy for people to claim compensation. Claim your Benefits Each asbestos case is different however certain aspects are common to all. To win a claim, a plaintiff must prove that they were exposed to asbestos, have mesothelioma, or a different asbestos-related disease, and suffered damages. The asbestos lawsuits typically include the personal injury or wrongful death claim. In a personal injury lawsuit the person suffering from mesothelioma files suit against the companies that manufactured or sold asbestos-based products they were exposed to in the workplace or during military service. Families who have lost a loved one to mesothelioma or any other asbestos-related illness may file wrongful-death lawsuits. It is important to file an asbestos lawsuit as quickly as possible because there are strict statutes of limitations in place. State-by-state the statutes of limitation could be as short as one year. A mesothelioma lawyer can help patients determine if they're qualified to file an asbestos lawsuit and also what the most appropriate time frame is for filing their case. In a mesothelioma-related case, the plaintiff seeks compensation for medical expenses, lost wages and other costs associated with the illness. Mesothelioma victims typically receive hundreds of thousands of dollars or more in settlements. Mesothelioma is caused by exposure to asbestos. The dangers of asbestos were known to major corporations, however they did not inform their employees or the general public. An asbestos attorney can review the history of a person's employment and military service records to find the source of their exposure. A mesothelioma lawyer will also examine the client's auto, home and business insurance records to identify possible sources of exposure. This information can be used to develop an asbestos exposure timeline for the individual and determine if there are any additional sources. The majority of mesothelioma claims are filed against the distributors, manufacturers, or sellers of asbestos-containing products. They can be sued on the grounds of strict liability, negligence or product liability. The asbestos lawyers generally assert that the defendants were negligent for not exercising reasonable care when manufacturing, selling, or utilizing their products. They will also claim that the defendants did not adequately warn regarding the risks that come with the products. The Discovery Phase After filing your lawsuit attorneys representing the defendants will begin an exchange of information known as discovery. This may include documents such as medical records and corporate records but also statements made in interviews under oath, called depositions. Your attorney will assist in preparing for a deposition, and will be present during the process. The top New York mesothelioma lawyers will conduct their own research to find evidence that supports your claim, and assist you receive the maximum amount of compensation. Defense attorneys may attempt to conceal any evidence that proves their negligence or inaction has caused your condition However, a knowledgeable asbestos lawyer will ensure to expose the facts. In addition to reviewing documents uncovered through discovery, your attorney will also seek out information about whether you were exposed to other substances or activities that could have caused mesothelioma. For instance, smoking cigarettes. You might think that nothing is happening while the mesothelioma examination process can take months. However, your lawyer will be hard at work analyzing the evidence gathered during this phase of the legal process to help strengthen your case. The company's own admissions in the litigation process was an important finding that has allowed asbestos victims to get settlements. For instance, a lot of asbestos companies have denied for years that their asbestos products could cause breathing problems and cancer. However, their internal documents surfaced in the lawsuits, revealing that they were aware of asbestos's 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 analyzing all evidence. The majority of asbestos cases are settled outside of court, rather than going to trial. This allows victims to get their money quicker and avoids the risk of losing in court. Des Moines asbestos attorney can negotiate the best settlement for you and evaluate any offer made by defendants. Settlements In many civil lawsuits, the amount of compensation is awarded depends on the facts. The type of asbestos-related illness can affect the value of an claim. Mesothelioma is the most severe type of asbestos-related disease, could result in a larger settlement for the victims or their families. Lawsuits can be filed through an experienced NYC mesothelioma lawyer firm to get compensation for medical expenses loss of income and suffering and suffering as well as loss of companionship and other damages. If a loved one has died from mesothelioma or another asbestos-related illness, the surviving family members can file a wrongful deaths lawsuit. Compensation in a lawsuit for mesothelioma isn't easy. A lawyer can review the victim's military and work history to see where and when asbestos was employed. Then they can determine the companies responsible for the exposure to asbestos. An attorney for mesothelioma can analyze the symptoms of a patient against similar cases in the past to determine a fair settlement amount. 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 related to the case, and will be reimbursed through the settlement or verdict award. A jury will listen to the evidence, and then decide if a victim should be compensated for their injuries. However, it is possible that defendants prefer to go to trial instead of reaching a settlement. This is particularly true if the plaintiff’s asbestos law firm has gotten large settlements in mesothelioma lawsuits. Asbestos victims may also pursue claims through asbestos trust funds, which were set up by companies that produced and distributed asbestos-related products to pay for asbestos-related liabilities. These funds are reserved for those who were exposed to asbestos on the job and also veterans. However certain funds have been drained to the point that they are no longer able to pay mesothelioma sufferers full compensation. Trial A lawsuit involving asbestos is intended to compensate you for medical expenses, lost income and other damages. The amount of compensation is usually based on the length of your exposure as well as the type of asbestos that you were exposed to. For instance, a person might have been exposed to multiple kinds of asbestos while working on a power plant or at a shipyard. A mesothelioma attorney should be familiar with the different kinds of asbestos and their effects on various diseases. The defendants in an asbestos lawsuit may have different opinions about compensating victims. They might resort to a variety of strategies to avoid paying for claims. Your lawyer must be able anticipate these tactics to ensure that your case is resolved quickly. The defendant is often attempting to delay the process by filing frivolous, unfounded motions which are likely to be rejected. Our experienced mesothelioma attorneys know how to thwart these types of tactics and ensure that your case gets resolved promptly. Your mesothelioma attorney will prepare a trial strategy and submit it to court once evidence has been taken. A successful trial requires careful preparation and attentiveness. The plan will be adapted to your specific circumstances since the jury's verdict will be based on their understanding of the evidence and how it applies to your case. A successful verdict can result in a substantial amount for you or your loved ones. If the defendants aren't able to contest the verdict, payment are due within a few weeks following the trial. Defendants can decide to appeal a decision. However, this will delay any monetary award. They may also decide to pay a lower amount or none at all. In 2022, a jury awarded $43,000,000 to a woman employed in a factory that had asbestos fire doors. The time frame for filing an asbestos lawsuit or claim varies by state, but in general, the statute of limitations starts as soon as you are diagnosed with mesothelioma. Families of deceased victims may be able to file an action against mesothelioma for wrongful death.