An Asbestos Exposure Lawsuit
A civil claim for compensation is an asbestos exposure lawsuit. These claims can be filed in court against solvent non-bankrupt companies, or outside of court with trust funds from bankruptcy for claims involving asbestos producers that have gone bankrupt.
If a victim dies before their personal injury mesothelioma case is resolved, their loved ones may file a wrongful death lawsuit on their behalf. The award amounts in these cases could be significant.
Jury Verdicts
The victims of asbestos-related illnesses have a right to justice. Thousands of people have filed lawsuits against the companies that exposed asbestos-related illnesses to harmful chemicals. Many of these lawsuits led to large verdicts from juries. A mesothelioma lawyer can assist you to hold negligent companies accountable for their harm.
A mesothelioma judgement is a verdict made by a jury or judge on whether an asbestos-related company should be held accountable for the victim's injuries. The verdict will state the amount of money that asbestos company has to pay the victim. Verdicts are only made after the conclusion of the trial.
An asbestos lawsuit can be settled out of court. Settlements do not guarantee compensation for the victim. Many victims who settle outside of court never receive any compensation. It is important to keep in mind that a settlement doesn't replace a verdict. A plaintiff might still be entitled to an appeal to a jury decision at the end their trial.
Weitz & Luxenberg has successfully secured mesothelioma verdicts from juries. One example is the $23 million verdict awarded to James McWilliams who was a lifelong steamfitter who contracted mesothelioma of the pleural. The verdict awarded $13 millions for past pain and sufferance 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, another mesothelioma patient was awarded $23 million by a juror. The victim's exposure to asbestos resulted through her husband's exposure to asbestos secondhand. Her husband worked as a carpenter and brought home asbestos fibers from installing Algoma Hardwood doors. The jury determined that exposure to asbestos from these products was the reason of pleural mesothelioma.
Many victims have gotten millions of dollars in mesothelioma lawsuits. In the first three quarters of 2022 juries awarded over $177 million in mesothelioma verdicts.
To prove mesothelioma's cause, victims must demonstrate that their asbestos exposure was the primary cause of their injuries. A plaintiff must show that exposure to a defendant's product led to their injuries.
Settlements out-of-court
If a company is unable to get a verdict in court or settle an uncontested lawsuit outside of court, it may be able avoid the risk of large judgements in favor of victims. This could aid in avoiding the negative impact that this could have on their stock price and other financial measures. This could allow them to achieve a settlement that is similar to the amount they would have received from a jury in the event of a trial in court.
Asbestos settlement amounts differ based on victim and the severity of their mesothelioma-related diagnosis. Cash compensation is determined by the dollar amount of lost wages, medical expenses, and how much mesothelioma affected the victim's quality of life.
A mesothelioma lawyer will gather the most information regarding the client's asbestos exposure. This could include analyzing old workplaces from the past. It could also involve studying asbestos-related companies that no are in existence however, their parent companies are accountable.
Once a mesothelioma lawyer has obtained the necessary information, he or she will file an asbestos lawsuit against one or more defendants. The defendants have a certain amount of time to reply. This is typically 30 days following the date of notification of the lawsuit. They can deny liability or claim that smoking contributed to the illness, or make other claims.
Asbestos lawyers are often able to negotiate a settlement with the defendants on behalf of their clients. The process typically takes 18 months on average with both sides working to come to an agreement that is fair to the victim.
If a mesothelioma victim is not alive when the case is resolved their family members may continue to pursue a wrongful-death lawsuit. Wrongful death lawsuits can compensate a loved ones family for loss of companionship as well as pain and suffering, and other losses associated with mesothelioma. This type of lawsuit could also hold the negligent defendants accountable for their actions, and deter others from engaging in similar actions. The damages in a wrongful death lawsuit could be substantial and could include punitive damages that are intended to penalize the defendant for their outrageous behavior.
Trials
Asbestos is a strong cause of mesothelioma, lung cancer, and other asbestos-related diseases. In many cases, victims are entitled to large amounts of compensation from companies that manufactured or sold asbestos-containing products. Asbestos is a needle-like fibrous mineral that can be breathed in or swallowed as dust particles. Inhaling or ingestion of asbestos-containing particles could cause serious health issues to develop over decades. Many of the companies that produced or sold asbestos are closed or bankrupt. However, those who suffer from asbestos-related illnesses can still seek compensation. These payments are paid by insurance companies as well as asbestos victim trust funds which have assumed the liability of former asbestos manufacturers.
A small portion of asbestos lawsuits are tried in the courtroom. Asbestos litigation can be a complicated legal issues that require the help of experienced attorneys. Trials are typically held at the county level, but experienced mesothelioma law firms typically transfer cases to a jurisdiction more favorable to their client's legal claim.
The result of a trial will depend on the strength of a victim's legal argument, which includes his or her history of exposure to asbestos medical records, as well as evidence of suffering from asbestos-related diseases. The victims and their families must also be able to prove that they suffered damages. This includes medical expenses as well as lost income, suffering. In wrongful death lawsuits, lost wages due to asbestos-related illnesses are also recoverable.
Asbestos victims, who are unable to or are unable to pursue a lawsuit or file a lawsuit, might be able to obtain compensation through veterans disability benefits or trust fund settlements. VA compensation is provided by the Department of Veterans Affairs. It is determined by the severity of disability due to an asbestos-related condition. VA compensation is usually greater when the disability is higher. Asbestos trust funds are provided to those who have a confirmed asbestos diagnosis. They can range anywhere from 10,000 to millions. The amount of money an individual receives is determined by the severity of their condition, how the disease has impacted their lives and the location where they made their claim.
Legal Representation
Despite being aware for decades that asbestos was a poisonous mineral that could cause mesothelioma and lung cancer, as well as other diseases, manufacturers continued to use asbestos in shipyards and other industrial facilities. People who have an occupational history of asbestos exposure may be eligible for compensation from the companies that are responsible for their injuries.
Before bringing a lawsuit your lawyer will need to collect all of your medical records, employment history and other evidence that shows you were exposed to asbestos. This involves reviewing purchase order histories that date back decades as well as contacting former colleagues and interviewing family members. The law firm you hire to represent your case must be experienced in handling these kinds of claims.
A lawyer who has handled hundreds or thousands of cases of mesothelioma will have a greater knowledge of the process than someone who is brand new to it. Your lawyer will have access to national resources that can help with your case research and help determine which asbestos companies may be accountable for your losses.
Settlements are usually made outside of the courtroom in asbestos cases. The process may differ based on the laws in your state and your asbestos exposure. Before you make a decision, your attorney will inform you the options available.
If you receive a verdict it could take up to a year for you to start receiving payments. During this period, your lawyer will work with the court system to ensure you receive the compensation you deserve.
The defendants may attempt to delay your compensation by filing frivolous appeals. A knowledgeable mesothelioma lawyer will be able to stop these tactics and get your case to trial fast.
In the majority of states, you are required to start a lawsuit within a certain time frame following your diagnosis. You must also begin the legal process immediately you discover you have mesothelioma, or another asbestos-related disease. The earlier you contact mesothelioma lawyers and the faster your claim is filed. The law firms we recommend use national resources to thoroughly investigate each asbestos claim and find all asbestos manufacturers that are responsible. Yorba Linda asbestos attorneys can make a big difference in the amount you get as a settlement or verdict.