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How to File an Asbestos Lawsuit After Exposure to Asbestos An experienced mesothelioma lawyer will examine the history of exposure for a victim to determine if they are eligible for compensation. Compensation can be in the form of compensatory damages as well as punitive damages. Asbestos, a mineral that is needle-like shape, can be inhaled as dust or inhaled. It can then get stuck in body tissues and cause serious health issues with prolonged latency. What is Asbestos Litigation? Asbestos litigation involves legal claims that a person was exposed to asbestos and developed a disease because of it. This kind of litigation is often complex. It could involve a variety of defendants, complex evidence and various types of compensation. Asbestos victims could be entitled to financial compensation through settlements or verdicts. A settlement is a deal between a victim of asbestos and the company to settle the lawsuit. This can happen before or after an investigation. The victim may accept or reject the offer. Settlement amounts are generally less than verdict awards. A mesothelioma attorney with expertise can construct a strong case and negotiate to ensure that the victim receives the most amount of compensation. A verdict is the decision of a jury or judge on whether a company has the right to be held accountable. A victim's lawyer provides evidence of the way they were exposed to asbestos and how this exposure led to their condition. Evidence can include medical records, mesothelioma diagnoses and other evidence. The jury then decides if the defendant was negligent, and if so then how much the victim should be compensated. The most serious cases are usually caused by negligence, however others may be founded on strict liability. Mesothelioma patients also have the option of seeking punitive damages in addition financial compensation. These are awarded by the judge or jury at their discretion to penalize a company for its bad conduct. Most mesothelioma lawsuits are handled as mass torts. This means that there are many plaintiffs in a case vs. a few defendants. Asbestos is a unique mass torts since it could cause injuries to dozens, hundreds or even thousands of individuals. Asbestos is often found in the mine or plant, on the deck of a Navy vessel and so on. The courts often combine these cases to help them. A person's mesothelioma, or any other asbestos-related diseases can be very expensive. Families often run out of savings and accumulate debt to pay for their loved one's treatments. They also have to deal with financial hardship if their loved ones pass away from an asbestos-related condition such as mesothelioma. A successful asbestos lawsuit could aid families in avoiding financial ruin, and receive the medical care they need. Can I File an Asbestos Litigation Case? If you or a loved one has been diagnosed with an asbestos-related disease, including mesothelioma, asbestosis or a different form of lung cancer, you could be entitled to compensation. You could claim compensation damages to cover medical expenses, pain and suffering, and other expenses related to treatment. You may also sue for damages due to wrongful death when a person who has died of an asbestos-related disease. You'll require a skilled lawyer to help you file a lawsuit against asbestos. You should find an attorney who will take the time to understand your personal story and the details of your case so that they can best represent your interests. Search for a law firm that has experience with asbestos cases. It is recommended to consult with multiple attorneys before choosing the right one for you. It is important to also understand the statutes which apply to asbestos claims. These laws define the time frame for which a person is required to file a suit after being exposed to asbestos. The specific statutes vary by state and may be as short as one year or as long as 50 years. A knowledgeable attorney can establish the exact timeline applicable to your case so that you don't miss out on any potential compensation. They will assist you to gather the necessary details and evidence for your claim, which includes medical records and employment histories. These documents can assist an attorney establish that asbestos exposure has caused harm to you and the place it occurred. In most asbestos cases, lawyers work on an hourly basis. The lawyers will not be paid unless they collect money for you. They will usually “advance” all of the reasonably necessary costs related to your case and then be reimbursed for them from any money recovered. An experienced lawyer can determine the parties that are responsible for an asbestos lawsuit, as well as determining what the statute of limitation is. This includes not just the company you worked for as well as any subcontractors or suppliers who could be responsible. How Does Asbestos Litigation Work? In the event that the victim has been identified as having mesothelioma, an asbestos lawsuit can provide financial compensation for medical expenses, lost wages, and pain and suffering. A successful verdict or settlement could also help families pay for funeral and burial expenses. As with other personal injury lawsuits, asbestos cases must be filed within three years from the date of diagnosis to comply with the statute of limitations. Since asbestos-related illnesses like mesothelioma can take years to manifest, victims may suffer financial losses for a long period of time. The asbestos litigation process typically requires extensive research to determine the parties accountable. This could include interviews with former coworkers as well as abatement workers and suppliers. After Newark asbestos attorneys has built a database of the responsible parties, they can present this information to an expert witness for a review. Expert testimony is necessary to establish the defendants' culpability and to prove that the asbestos exposure was substantial enough to cause mesothelioma, or other asbestos-related injuries. The evidence has to be analyzed and a jury or judge will decide if it is appropriate to give damages to plaintiffs. The defendants may submit a motion to dismiss the case if they believe that the evidence is not sufficient to support the claim. A mesothelioma case could be filed against any person who exposed a person asbestos, including manufacturers, employers, shipyards and other businesses. A mesothelioma lawyer may also sue a landowner if they were negligent in contaminating the property with asbestos. Lawsuits can be filed in federal or state courts. Some asbestos lawsuits are part of multidistrict litigation which brings together similar claims to serve as pretrial. The majority of mesothelioma lawsuits are filed in state court. If a large corporation which produced asbestos-containing products failed, it was required to create trusts to help future victims. The trusts have a total of $30 billion in these funds to assist victims receive compensation for their losses. This amount is substantially higher than what is typically given in a verdict. Can I receive compensation in an asbestos Litigation Case? Compensation may be offered in the event that you've been diagnosed as having an asbestos-related illness such as mesothelioma or a different disease. The first step is to locate an professional law firm with experience that specializes in asbestos lawsuits and mesothelioma cases. This type of law firm will have the experts and resources to build solid arguments with your medical records and your work background. They can also recommend that you accept an asbestos settlement offer or go to trial. A victim filing an asbestos lawsuit or claim will usually seek compensation from the company responsible for their exposure to asbestos. Compensation may be awarded in the event of a personal injury claim or the death of a loved one. The amount of compensation awarded is contingent on the severity and other damages of the symptoms. Each case is unique and must be in line with strict state laws (known as statutes or limitations) regarding the time limit following exposure to asbestos, which means that asbestos victims or their families can file an action. Most cases are settled out of court. Many companies that manufactured or distributed asbestos are bankrupt. This has led to large trust funds being set up to pay compensation to victims and their families. However, these funds are depleted and have to be rationed to provide adequate compensation. To be eligible for compensation you must prove that you were exposed to asbestos and that your symptoms were caused by the exposure. You can make use of medical records, other evidence and witness testimony to prove that you have an asbestos-related disease. You must also prove that your asbestos-related disease has caused your family and you many hardships. When a law firm is hired to take on your case, they will begin investigating and gathering details, such as interviewing coworkers and looking over company or union documents. They will be able to identify which companies are likely to be responsible for your exposure. The defendants will then be given a copy of your complaint and will have a certain time to respond, usually 30 days. Defendants will often deny the liability and claim that someone else was in the wrong. After your legal team has gathered and prepared all the necessary information, they will start the process of submitting your case. Your attorney will then negotiate on your behalf to get the best financial outcome for you.