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How to File an Asbestos Lawsuit After Exposure to Asbestos A knowledgeable mesothelioma lawyer will analyze 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 needle-like shape is a substance that can be breathed in as dust or ingested. It can lodge in the body tissues, causing serious diseases with long latency times. What is Asbestos Litigation? Asbestos litigation is a legal claim that claims a person was exposed to asbestos, and has consequently developed a condition. This kind of litigation is often complex. This kind of litigation can be complicated, involving multiple defendants, complicated evidence, and multiple types compensation. Asbestos-related victims may be entitled to financial compensation through settlements or verdicts. A settlement is a deal between a victim of asbestos and the company to settle a lawsuit. It can occur prior to, during or after an investigation. A victim can accept, counter or reject the offer. Settlement amounts are usually lower than verdict awards. An experienced mesothelioma attorney will construct and negotiate a strong case to ensure a victim receives maximum compensation. A verdict is the conclusion of a jury or judge on whether a firm is subject to liability. Bolingbrook asbestos attorneys will present evidence that explains the circumstances surrounding their exposure to asbestos, and how this exposure led to their illness. Evidence can include medical records, mesothelioma diagnoses and other proof. The jury decides whether the defendant was negligent and if so how much compensation should be given to the victim. The most serious cases are often based on negligence, but others may be based on strict liability. Mesothelioma patients also have the option of seeking punitive damages in addition to financial compensation. These are awarded by a 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 multiple plaintiffs vs. some defendants. This is due to asbestos being unique among mass torts due to the fact that it can cause injury to dozens, hundreds, or even thousands of people. Several people may be exposed to asbestos in a mine, at a plant or on the deck of a Navy ship, for instance. Individuals could file separate lawsuits however, courts usually combine them into one case to facilitate the handling. The cost of treating mesothelioma and other asbestos-related diseases can be very high. Families typically exhaust their savings and pile up debt to pay for the treatment of their loved ones. They also have to deal with financial difficulties if their loved ones pass away from an asbestos-related illness such as mesothelioma. Compensation from an asbestos lawsuit that is successful can help families avoid financial ruin and obtain the medical care they require. Can I File an Asbestos Litigation Case? If you or a loved one has been diagnosed with an asbestos-related illness, including mesothelioma, asbestosis or another form of lung cancer, you may be entitled to compensation. You can file a lawsuit to seek compensation for damages. These are intended to pay for medical bills and other expenses relating to treatment as well as suffering and pain. You can also sue to recover wrongful death damages on behalf of a deceased individual who died from an asbestos-related disease. To make an asbestos lawsuit, you will require an attorney with experience in asbestos litigation. You should choose a firm that will spend the time to learn about your personal story and the details of your case in order to best represent your interests. Find an attorney who is specialized in asbestos cases and has years of experience in representing clients. It is also a good idea to consult with multiple attorneys before choosing the right one for you. It is also important to be aware of the limitations statutes that apply to asbestos claims. These laws determine how long a person has to file a lawsuit after being exposed to asbestos. The specific statutes vary by state and can be as short as a year or longer than 50 years. A knowledgeable attorney can establish the precise timeframe for your situation to ensure that you do not miss out on any potential compensation. They will assist you to gather the necessary documents and information to support your claim. This includes medical records and employment histories. Having these documents can help a lawyer prove that you've suffered harm by asbestos exposure, and also where the exposure occurred. In the majority of asbestos lawsuits lawyers will be working on a contingency fee basis. This means that the lawyers will not be paid any payment unless they are successful in recovering money for you. They will “advance”, or pay for all reasonable case-related expenses and be reimbursed for any recovery. An experienced attorney can help determine the parties that are responsible for an asbestos lawsuit, as well as determining what the statute of limitation is. This includes not only the company you worked for as well as any subcontractors or suppliers that could be responsible. How Does Asbestos Litigation Work? In the event that the victim has been diagnosed with mesothelioma, an asbestos lawsuit can offer financial compensation for medical expenses, lost wages and suffering and pain. A settlement or verdict that is successful can also help families pay funeral and burial costs. Unlike many other personal injury lawsuits, asbestos cases must be filed within three years from the date of diagnosis to ensure compliance with the statute of limitations. Since asbestos-related illnesses like mesothelioma can take years to manifest, victims could have sustained financial losses for a long period of time. To determine the responsible parties thorough investigation is usually required. This could include interviews with former colleagues as well as abatement workers, suppliers and. After a lawyer has compiled the database of responsible parties, he can send it to an expert witness. Expert testimony is required to prove that the defendant's negligence, and that the asbestos exposure caused mesothelioma and other asbestos-related injuries. The evidence must be analyzed and a jury or judge will decide if they want to give damages to plaintiffs. If the defendants feel that the evidence is not in support of the claim, they may make a motion to dismiss. A mesothelioma lawsuit can be filed against any party who exposed a person asbestos, such as manufacturers, employers, shipyards and other companies. A mesothelioma lawyer can also sue a landowner if they were negligent in contaminating their property with asbestos. The lawsuit can be filed in federal or state courts. Some asbestos lawsuits form part of multidistrict cases that combine similar claims to prepare for trial. However, the majority mesothelioma lawsuits are filed in state courts. If a large company which produced asbestos-containing products failed the company was required to set up bankruptcy trusts for future victims. The trusts have a total of $30 billion in these trusts to help victims receive compensation for their losses. This amount is much higher than the average verdict in a court trial. Can I be compensated in an Asbestos Litigation Case? If you've been diagnosed with an asbestos illness such as mesothelioma or a different condition, compensation may be available. Find a law firm that has expertise in asbestos lawsuits or mesothelioma lawsuits. This kind of law firm will have the resources and experts to construct a convincing case based on your work history and medical documents. They can also advise you on whether you should accept an asbestos settlement or to go to court. A lawsuit or claim involving asbestos usually involves a victim seeking compensation from the company accountable for their exposure to asbestos. Compensation may be given in the event of a personal injury lawsuit or wrongful death. The amount of compensation depends on the severity and other injuries caused by the symptoms. Each case is unique and must satisfy strict state laws – referred to as statutes of limitation – regarding how long after exposure to asbestos victims or their families can file claims. Most cases end up in out of court settlements instead of trials. This is because many companies that manufactured or distributed asbestos have gone under. This has caused large trust funds to be created to pay the victims and their families. These funds are depleted, and compensation must be rationed. To be eligible for compensation you must prove that you were exposed asbestos and that your symptoms were triggered by this exposure. This includes medical documents and other evidence including witness testimony. You should be able to demonstrate that your asbestos-related illness has been an immense burden on you and your family. If a law firm decides to take on your case, they will begin to investigate and gather information, which includes interviewing coworkers and examining company or union documents. They will be able to determine which companies were likely responsible for your exposure. The defendants will receive an email and have 30 days to respond. Defendants often deny any responsibility and claim that someone else is responsible. After your legal team has gathered all the relevant information and prepared your case they will submit it to the court. Your lawyer will then work on your behalf to secure the most favorable financial result for you.