13 Things About Asbestos Exposure Lawsuit You May Never Have Known

An Asbestos Exposure Lawsuit

A civil claim for compensation is an asbestos exposure lawsuit. These claims can be filed either in court against non-bankrupt solvent companies or outside the court system by using bankruptcy trust funds in the event that the asbestos manufacturer is bankrupt.

When a victim does not live long enough to see their personal injury mesothelioma lawsuit be successful family members can bring a wrongful death lawsuit on their behalf. The amount of the award in these cases can be substantial.

Jury Verdicts

The victims of asbestos-related illnesses are entitled to justice. Many people have filed lawsuits against the companies responsible for exposing them to deadly chemicals. Many of these lawsuits led to huge verdicts from juries. A mesothelioma attorney can help you to hold negligent companies accountable for their harm.

A mesothelioma verdict is a verdict by an arbitrator or judge on whether an asbestos-related company should be held accountable for the damages suffered by a victim. The judgment will state how much money the asbestos company owes to the victim. Verdicts can only be issued after the trial.

An asbestos lawsuit is a possibility to settle out of court. However it is not a guarantee that the victim will be compensated. Many victims who settle outside of court will not receive any compensation. It is important to remember that a settlement does not replace a verdict and a plaintiff could still be entitled to a verdict at the end of their trial.

Weitz & Luxenberg has successfully secured mesothelioma verdicts from juries. One example is the $23 million verdict for James McWilliams who was a lifelong steamfitter who was diagnosed with mesothelioma of the pleural. The verdict awarded $13 million for past pain and suffering and $10 million in future pain and sufferance. W&L attorney Brittany Russell was assisted by Pierre Ratzki from the firm's appeals team during the trial of the case.

In 2022, a jury awarded another mesothelioma patient $23 million. This victim's asbestos exposure occurred through her husband's secondhand asbestos exposure. Her husband was a carpenter and brought home the asbestos fibers that he had used in the construction of Algoma Hardwood doors. The jury concluded that the asbestos exposure from these products caused mesothelioma pleural.

Mesothelioma lawsuits have led to multimillion-dollar settlements for many victims. In fact, during the first three quarters of 2022 juries awarded over $177 million in mesothelioma verdicts.

To prove mesothelioma's cause, victims must prove that their asbestos exposure was the primary cause of their injuries. A plaintiff must demonstrate that exposure to a defendant's product contributed to their injuries.

Settlements out-of-court

If a company cannot win a verdict or settles a lawsuit outside of court, they could be able to avoid the possibility of large judgments in favor of victims. This can save them from a negative impact on their stock price and other financial measures. This could help them get a settlement similar to what they would have received from a jury in the course of a court trial.

Asbestos settlements are contingent upon the severity of the mesothelioma diagnosed. Cash compensation is determined by the dollar value of lost wages, medical expenses, and how mesothelioma has affected the quality of life of the victim.

A mesothelioma law firm will strive to gather as much information about the client's asbestos exposure and illness as possible. This can often involve analyzing the workplaces of decades ago. It may even require investigating asbestos companies that do not longer exist, but for which their parent companies are accountable.

Once a mesothelioma attorney has collected all the relevant information and documents, they file an asbestos lawsuit against one or more defendants. The defendants will be given a time frame in which to respond, typically thirty days after being notified of the lawsuit. They may deny liability and claim that smoking caused the illness, or make other claims.

Asbestos lawyers are often able to reach a settlement agreement with defendants on behalf of their clients. The process usually takes 18 months on average and both parties negotiating to reach a settlement that is fair to the victim.

If the victim of mesothelioma is dead at the end of the case, their family can make a wrongful-death claim. The wrongful death lawsuit can be used to compensate a loved one's family for loss of companionship as well as pain and suffering, and other mesothelioma-related losses. This type of lawsuit can also hold negligent defendants accountable for their actions, and deter others from engaging in similar behavior. Damages in a lawsuit for wrongful death can be substantial and may include punitive damage intended to penalize defendants for particularly outrageous conduct.

Trials

Asbestos exposure is linked to lung cancer, mesothelioma and other asbestos-related illnesses. In many cases, victims are entitled to large amounts of compensation from companies that manufactured or sold asbestos-containing products. Asbestos is a fibrous needle-like mineral that can be breathed in or inhaled as dust particles. Inhaling or ingesting these particles may cause serious health problems to develop over decades. Many of the companies that produced or sold asbestos are in bankruptcy or closed. However, asbestos victims can still seek compensation. These payments are paid by insurance companies as well as asbestos victim trust funds that have assumed the liability of former asbestos manufacturers.

A small percentage of asbestos lawsuits are heard in the court. Asbestos litigation can be complicated and requires the help of skilled lawyers. Trials are typically held at the county level, but experienced mesothelioma law firms will often transfer a case to a state that is more favorable to their client's legal claim.

The outcome of a trial depends on the quality of a victim's legal argument, which includes the history of exposure to asbestos lawyers medical records, as well as evidence of suffering from asbestos-related illnesses. Victims and families must also prove that they suffered losses. This includes medical expenses, lost wages, discomfort and pain. In wrongful death lawsuits the loss of earnings due to Asbestos Lawyer-related illnesses are also recoverable.

Asbestos victims who are unable or unwilling pursue a lawsuit might be able to receive compensation through veterans disability benefits, trust fund settlements or personal injury claims. VA compensation is offered through the Department of Veterans Affairs and is awarded based on a person's degree of disability from an asbestos-related disease. Generally speaking, the greater the severity of disability the greater the VA award. Asbestos trust funds are offered to those who have been confirmed with an asbestos diagnosis. They can range from 10,000 to millions. The amount of money a victim receives is determined by the severity of their condition, how much the illness has affected their life, and the location where they made their claim.

Legal Representation

Despite knowing for decades that asbestos was a toxic mineral that can cause mesothelioma as well as lung cancer, in addition to other ailments, companies continued to use asbestos in shipyards and other industrial facilities. Anyone who has had a history of exposure to asbestos in the workplace could be entitled to compensation.

Before bringing a lawsuit your lawyer must gather all your medical records, employment history and other evidence to show that you were exposed to asbestos. This could include reviewing decades-old purchase order histories, contacting former co-workers and interviewing family members. The law firm you choose to represent your case should have experience handling these kinds of claims.

A lawyer who has dealt with hundreds or thousands of mesothelioma cases will have greater understanding of the process than one who has never dealt with one before. Your lawyer will also have access to national resources to assist with case research and determine the asbestos companies that are responsible for your damages.

Many asbestos cases result in out-of-court settlements. The procedure varies based on the laws in your state and your asbestos exposure history. Your attorney will explain the options that are available to you prior to you make a decision.

If you win a case, it could take up an entire year before you begin receiving payments. During this time, your lawyer will work with the justice system to ensure that you receive the compensation you are entitled to.

Defendants may try to delay your compensation by filing frivolous appeals. A mesothelioma lawyer knows how to thwart these tactics and bring your claim to court quickly.

In many states, you are required to make a claim within a certain time frame following your diagnosis. You must initiate the legal process right away after you suspect mesothelioma or another asbestos-related disease. The earlier you get in touch with mesothelioma lawyers and file a claim, the faster your claim will be filed. The law firms we recommend use national resources to thoroughly investigate every asbestos claim and find the asbestos manufacturers who are liable. This could make a huge difference in the amount you get as a settlement or verdict.