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How to File an Asbestos Exposure Lawsuit A lawsuit involving asbestos exposure can result in compensation being paid to the victim or their loved family members. Each case is different, but there are some common elements. A lawyer will be able to determine where you were exposed to asbestos and which companies are responsible. Many asbestos manufacturers have gone bankrupt and set up bankruptcy trusts that allow people to claim compensation. File a Claim Each asbestos case is unique however, certain elements are common. In order for a plaintiff to prevail in their claim, they need to prove that they were exposed to asbestos, suffer from mesothelioma, or any other asbestos-related diseases and have suffered damages because of those exposures. Asbestos lawsuits usually are founded on a personal injury claim or wrongful death claim. In a personal injury lawsuit, a person who has mesothelioma sues the companies who produced or sold asbestos-based products to which they were exposed while at work or in military service. In wrongful death lawsuits, the plaintiffs file on behalf of family members who have lost loved relatives to mesothelioma, or another asbestos-related disease. It is essential to file an asbestos lawsuit as soon as possible because there are strict statutes of limitations in place. The specific statutes of limitations will differ from state state and may be as brief as one year. A mesothelioma lawyer can assist sufferers determine if they're eligible to bring an asbestos lawsuit and what the ideal timeframe is to file their claim. In a mesothelioma case, the plaintiff seeks compensation for medical expenses, lost wages, and other expenses associated with the illness. Settlements for mesothelioma sufferers could be hundreds of thousands or more. Mesothelioma is caused by exposure to asbestos. The risks of asbestos were known to major corporations, however they didn't inform their employees or the general public. An asbestos lawyer can look over a person’s employment history and military documents to determine the cause of exposure. An experienced mesothelioma lawyer will also look over the client's home, business and insurance policies to find potential sources of exposure. They can then use this information to develop an outline of the person's asbestos exposure and determine if additional sources of exposure are present. Most mesothelioma lawsuits are filed against asbestos-containing product manufacturers distributors, sellers, or manufacturers. These companies can be sued for negligence, strict liability, or product liability. The asbestos lawyers will claim that these defendants were negligent as they did not exercise reasonable care when manufacturing, selling or using their products. They will also claim that the defendants failed to provide adequate warnings of the risks associated with their products. The Discovery Phase After you file your lawsuit and the lawyers of the defendants will begin the process of discovery. This could include documents like medical records and corporate records, but also statements made during interviews under oath. These are known as depositions. Your attorney will assist in preparing for a deposition, and will be present during the proceedings. In fact, the top New York mesothelioma attorneys will conduct their own research during this stage of the litigation to gather crucial evidence that supports your claim and assists you to obtain the maximum amount of compensation. Defendants may try to bury any evidence that shows their negligence or inaction has caused your illness however, a seasoned asbestos lawyer will be sure to uncover these facts. Your attorney will examine documents that are obtained through discovery and search for information that indicates whether you were exposed to other products or activities that could have led to mesothelioma. It is possible to feel like nothing is happening while the mesothelioma research process takes months. Your lawyer will be busy studying the information collected during this phase of the legal process to strengthen your case. The company's own admissions during the litigation process was a key discovery that has helped asbestos victims win settlements. For instance, many asbestos companies have denied for years that their asbestos product could cause breathing problems and cancer. However, their internal documents were released in the lawsuits, revealing that they knew about asbestos's dangers, but did not inform the public or workers. Your lawyer will help determine if a settlement out of court is the most appropriate solution for your situation after examining all evidence. Most asbestos cases are settled out of court, rather than going to trial. This allows victims to get their money more quickly and avoids the risk of losing at trial. An experienced lawyer will negotiate the most favorable settlement on your behalf and will evaluate any offers made by the defendants to determine if they are fair. Settlements In a lot of civil cases, the amount of compensation awarded depends on the case facts. For example, the type of asbestos-related illness will determine the amount of a claim is worth. Mesothelioma is the most severe type of asbestos illness and therefore, victims or their surviving family members may receive larger settlements than those who have suffered other types of exposure. A NYC mesothelioma lawyer may file a lawsuit to recover damages such as medical expenses, lost wages as well as pain and suffering and loss of companionship. If someone you love has passed away from mesothelioma, or an asbestos-related disease, the remaining family members can file a wrongful deaths lawsuit. Compensation in a suit for mesothelioma can be difficult. Lawyers can look over the work of the victim and their military history to determine where asbestos might have been employed. They can identify the companies responsible for exposure to asbestos. A mesothelioma lawyer can examine the symptoms of a victim against those of previous cases to determine a reasonable settlement range. Lawyers typically handle these cases as contingency fees, meaning that they are not paid until their client receives money. The lawyer will pay for all reasonable expenses associated with the case and will be paid out of the settlement or verdict award. A jury will hear the evidence, and then decide on the amount the victim should be compensated for their injuries. However, it is possible that the defendants will decide to go to trial instead of agreeing to a settlement. This is especially the case in the event that the plaintiff's asbestos law firm has gotten large settlements in mesothelioma lawsuits. Asbestos victims may also be able to make claims through asbestos trust fund, which was set by companies that manufactured and distributed asbestos product in order to pay for asbestos related liabilities. These funds are reserved for those who have been exposed to asbestos while at work and also veterans. Some of these funds are depleted and will no longer offer full compensation to mesothelioma patients. Trial The purpose of a lawsuit involving asbestos is to obtain compensation for your medical expenses as well as loss of income and other damages. The majority of these awards are based on the duration of exposure and the kind of asbestos you were exposed to. A victim could have been exposed to a variety of asbestos in a power plant, shipyard or other industrial setting. A mesothelioma attorney should be knowledgeable about the various kinds of asbestos and their effects on different diseases. In an asbestos lawsuit, the defendants may have different views on paying compensation to victims. They may also use several tactics to avoid paying claims. Your lawyer should be able to anticipate these strategies to ensure your case proceeds quickly. For instance, defendants may attempt to delay the process by filing frivolous motions which are likely to be rejected by the judge. Our mesothelioma lawyers have experience and know how to thwart these tactics and ensure that your case is settled quickly. Your mesothelioma lawyer will develop a trial plan and present it to the court after the evidence has been collected. A successful trial requires meticulous preparation and a keen eye. The plan will be tailored to your specific circumstances, as the jury's verdict will be based on their understanding of the evidence. A victory could mean an enormous amount of money for you or someone you love. If the defendants do not contest the verdict, payment are made within a few weeks of the trial. Defendants have the option of appealing the verdict, but this could delay any monetary award until the appeal is complete. They can also opt to pay a lower amount or none at all. In Vista asbestos lawsuits , a jury gave $43 million to a woman working at a factory using asbestos fire doors. The time limit for filing an asbestos claim or lawsuit may vary by state. However, in the majority cases, it begins when you are diagnosed with mesothelioma. Additionally, family members of a victim who died may be in a position to file a mesothelioma wrongful death lawsuit.