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How to File an Asbestos Lawsuit After Exposure to Asbestos An experienced mesothelioma lawyer will look over the exposure record of the victim to determine whether they are eligible to receive compensation. Compensation can be in the form of compensatory damages as well as punitive damages. Asbestos is a needle-like mineral that can be breathed in or ingested as dust particles. It can then get stuck in tissues of the body and cause serious illnesses with long latency times. What is Asbestos Litigation? Asbestos litigation is an action in law that claims that claims a person was exposed to asbestos, and as a result was diagnosed with a disease. This kind of litigation is often complex. It could involve a variety of defendants, complicated evidence and various types of compensation. Asbestos-related victims may be entitled to monetary damages through settlements or verdicts. Settlement is an agreement between an individual and a company to end the lawsuit. It could occur prior to or after the trial. The victim may accept, counter or reject the offer. Settlement amounts are usually lower than verdict awards. A mesothelioma lawyer with experience can build and negotiate a strong case to ensure that a victim receives maximum compensation. A verdict is the decision of a judge or jury on whether a business has liability. The lawyer for the victim gives evidence on how they were exposed to asbestos and explains how that exposure led to their condition. Evidence may 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. Most serious cases are founded on negligence. However, some cases may be solely based on the assumption of strict liability. In addition to seeking financial compensation, mesothelioma sufferers can also claim punitive damages. These are awarded by a judge or jury at their discretion to punish a company for its bad behavior. The majority of mesothelioma lawsuits are viewed as mass torts. This means that there are multiple plaintiffs in a case vs. a few defendants. This is because asbestos is one of the most common mass torts because it can cause injuries to dozens, hundreds or even thousands of people. Many people could be exposed to asbestos near an asbestos mine, in the plant or on the deck of a Navy ship, for example. The courts often combine these cases to make it easier for them. A person's mesothelioma, or any other asbestos-related diseases can be very costly. Families often exhaust their savings and accumulate debt to finance the treatments of their loved ones. They can also face financial difficulties if their loved ones die from an asbestos-related condition like mesothelioma. A successful asbestos lawsuit can help families avoid financial ruin, and receive the care they require. Can I File an Asbestos Litigation Case? You could be entitled to compensation in the event that you or someone in your family has been diagnosed with asbestos-related illnesses like mesothelioma, asbestosis, or another type of lung cancer. You may seek compensation to pay for medical expenses, pain and suffering, and other expenses associated with treatment. You may also file a lawsuit for damages due to wrongful death in the event that a person who suffered from an asbestos-related disease. You will need an experienced lawyer to assist you in filing a lawsuit against asbestos. You should choose an attorney who will take the time to understand your situation and personal details in order to best represent your interests. Look for an attorney who is specialized in asbestos cases and has extensive experience representing clients. It is recommended to consult with multiple attorneys before selecting the right one for you. It is also essential to understand the statutes of limitations applicable to asbestos claims. These laws define the time frame for which a person is required to file a lawsuit after being exposed to asbestos. Springfield asbestos lawsuit -specific laws can differ from one year to fifty years. An experienced attorney will determine the precise timeframe that applies in your case to ensure that you don't be denied any possible compensation. They will assist you in gathering the required documentation and information to prove your claim. This includes medical records and employment history. Having these documents can help a lawyer prove that you've been injured by asbestos exposure, and also where the exposure occurred. In most asbestos cases lawyers work on an hourly basis. This means that the attorneys will not receive any money unless they are successful in recovering money for you. They will “advance”, or pay for, all reasonable case-related expenses and will be reimbursed from any settlement. An experienced attorney can help determine the parties that are responsible for an asbestos lawsuit, in addition to determining the statute of limitations is. This could include not just the company where you worked but also any subcontractors, suppliers, or manufacturers that may be accountable. How Does Asbestos Litigation Work? In cases where the victim has been diagnosed with mesothelioma, an asbestos lawsuit may provide financial compensation for medical expenses, lost wages, and suffering and pain. A successful settlement or verdict can also assist families in paying funeral and burial costs. To be in compliance with the statute of limitations, asbestos cases have to be filed within 3 years from the date of diagnosis. But, since mesothelioma as well as other asbestos-related diseases take this long to manifest, the victims may have suffered financial losses over a long period of time. In order to identify the responsible parties, extensive research is often required. Interviewing former coworkers, abatement employees and suppliers could be a part of the process. After a lawyer has assembled the list of responsible parties and gathered the information, he can present it to an expert witness. Expert testimony is essential to prove the defendants' negligence and that the asbestos exposure was significant enough to cause mesothelioma or other asbestos-related injuries. After the evidence is submitted to the court, it will be evaluated by a jury or judge who will decide if they want to award damages to plaintiffs. If the defendants believe that the evidence does not support the claim, they can make a motion to dismiss. A mesothelioma suit can be brought against anyone who exposed an individual to asbestos, such as employers, manufacturers, shipyards and other companies. In addition to these entities, a mesothelioma attorney can sue the landowner on behalf of a victim when the property was affected by asbestos in a negligent manner. Courts of the federal or state level can decide on lawsuits. Certain asbestos lawsuits are part of multidistrict litigation which brings together similar claims to be used for pretrial purposes. However, a majority of mesothelioma lawsuits are filed in state courts. If an asbestos-containing company that produces large quantities of products declared bankruptcy the company would have to set up bankruptcy trusts to compensate future victims. The trusts have a total of $30 billion in these funds to assist victims receive compensation for their losses. This amount is significantly higher than what is usually awarded in a trial verdict. Can I receive compensation in an asbestos litigation case? If you have been diagnosed with an asbestos-related disease such as mesothelioma or a different condition, compensation might be available. Find a law company with expertise in asbestos lawsuits or mesothelioma lawsuits. This kind of firm will have the resources and experts to build a strong case out of your work record and medical records. They can also recommend that you take an asbestos settlement offer or to go to trial. A lawsuit or claim involving asbestos usually involves a person seeking compensation from a company accountable for their exposure to asbestos. Compensation is awarded in the event of a personal injury lawsuit or the death of a loved one. The amount of compensation is contingent on the severity and injuries caused by the symptoms. Each case is different, and must be governed by strict state laws (known as statutes or limitations) regarding the time frame after asbestos exposure that victims or their family members can be able to file an action. Most cases are settled outside of the courtroom. Many companies that manufactured or distributed asbestos have gone bankrupt. This has caused large trust funds to be established to compensate victims and their families. These funds are dwindling, and compensation has to be divided. To be qualified for compensation, you must provide evidence that you were exposed to asbestos and that this exposure caused your symptoms. You can make use of medical records, other evidence and witness testimony to prove your asbestos-related illness. You must be able to demonstrate that your asbestos-related disease has placed an enormous burden for you and your family. After a law firm accepts your case, it will begin to investigate and collect information, including interviewing coworkers, or looking over the company or union records. They will be able to determine what companies are likely to be responsible for your exposure. The defendants will receive the complaint and have a limited time to respond, usually 30 days. Defendants usually deny any blame and argue that someone else is responsible. After your legal team has gathered and prepared all the necessary details and documents, they will begin to file your case. Your attorney will then negotiate on your behalf to get the most favorable financial result for you.