An Asbestos Exposure Lawsuit
A civil claim for compensation is known as an asbestos exposure lawsuit. These claims can be filed in court against solvent, non-bankrupt firms or outside of court using bankruptcy trust funds for claims against asbestos manufacturers that are bankrupt.
If a victim dies before their personal injury mesothelioma case is settled, their family may file a wrongful death lawsuit on their behalf. These cases can result in significant settlements.
Jury Verdicts
The victims of asbestos-related diseases need justice. Many thousands of people have sued the companies that exposed them chemicals. Many of these lawsuits have led to large jury verdicts. A mesothelioma lawyer can help you hold negligent corporations accountable for their actions.
A mesothelioma judgment is a verdict made by a jury or judge about whether an asbestos business is liable for the victim's damages. The judgment will state how much money the asbestos company owes the victim. Verdicts are only given after a trial.
An asbestos lawsuit can be settled outside of court. A settlement does not guarantee compensation for the victim. Many victims who settle outside of court will not receive any compensation. It is crucial to remember that a settlement won't substitute for a verdict. A plaintiff may still have the right to an appeal to a jury decision at the end their trial.
Weitz & Luxenberg has successfully obtained mesothelioma jury verdicts. One example was the $23 million verdict awarded to James McWilliams, who was a lifetime steamfitter who was diagnosed with mesothelioma of the pleural. The verdict awarded $13 million for past pain and sufferance and $10 million for future pain and sufferance. W&L attorney Brittany Russell tried the case with valuable assistance from Pierre Ratzki, a member of the firm's appellate team.
In 2022, a mesothelioma patient was awarded $23 million by a jury. The victim was exposed asbestos by her husband's secondhand exposure. The husband was carpenter, and brought home asbestos fibers from installing Algoma Hardwoods doors. The jury concluded that asbestos exposure from these products was the cause of pleural mesothelioma.
Many victims have received millions of dollars in mesothelioma lawsuits. In fact, in the first three quarters of 2022, juries awarded over $177 million in mesothelioma verdicts.
To prove mesothelioma, patients must prove that their asbestos exposure was a direct cause of their injuries. The law requires that plaintiffs prove that their exposure to the defendant's product was "substantially likely" that it contributed to their injury.
Settlements out-of-court
If a business fails to win a verdict or settles a lawsuit out of court, they could be able to steer clear of the possibility of large judgements in favor of the victims. This can save them from the negative impact that this could have on their stock price and other financial measures. It can also help them reach a settlement that is similar to what a jury would have awarded them in a court.
Asbestos settlement amounts vary by victim and the severity of their mesothelioma-related diagnosis. The amount they pay for their lost wages, the cost of medical expenses as well as the degree to which their mesothelioma affects their quality of life are all important factors in determining a victim's cash settlement.
A mesothelioma lawyer will collect as much information as is possible about the client's asbestos exposure. This could involve looking into past work environments from years ago. It may even require researching asbestos companies that no anymore exist however, their parent companies are responsible.
Once a mesothelioma lawyer has obtained the necessary details, he or she will 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 can deny liability and claim that smoking caused the illness, or deny it in other ways.
Asbestos lawyers can often negotiate a settlement with the defendants on behalf of their clients. The process usually takes 18 months and both parties negotiating to come to an agreement that is fair to the victim.
If the victim of mesothelioma is not alive at the end of the case, their family can file a wrongful-death lawsuit. Wrongful death lawsuits can compensate the family members of a deceased loved one for the loss of companionship, pain and discomfort and other losses associated with mesothelioma. This type of lawsuit can also hold negligent defendants accountable for their actions, and deter others from engaging in similar actions. Damages in a lawsuit for wrongful death can be substantial and may include punitive damages to punish defendants for particularly outrageous conduct.
Trials
Asbestos is a strong cause of mesothelioma, lung cancer, and other asbestos-related illnesses. In many cases victims are able to receive large amounts of compensation from companies that produced or sold asbestos-containing products. Asbestos, a mineral that is fibrous with needle-like fibrous particles, can be inhaled through dust or inhaled. Inhaling or ingestion of these particles may cause serious health conditions to develop over a period of time. Many of the companies that made and sold asbestos have shut down or declared bankruptcy, however asbestos victims are able to claim compensation in the form of monetary payments. These payments are paid by insurance companies as well as asbestos victim trust funds which have assumed the responsibility of former asbestos manufacturers.
A small percentage of asbestos lawsuits are heard in the courtroom. Asbestos litigation is complex and requires the assistance of experienced attorneys. Trials are typically held at the county level, but experienced mesothelioma law firms will often transfer a case to a jurisdiction that is more favorable to their client's legal claim.
The outcome of a trial is contingent on the strength of the victim's legal case, including the evidence of asbestos exposure, medical records and evidence of suffering from asbestos-related illnesses. Families and victims must demonstrate that they suffered damages. This includes medical expenses, lost wages, pain and discomfort. In wrongful death lawsuits wages lost due to asbestos diseases are also recoverable.
Asbestos victims who are unable or unwilling to pursue a lawsuit might be eligible for compensation through veterans disability benefits, trust fund settlements or personal injury claims. VA compensation is offered by the Department of Veterans Affairs. It is determined by the degree of disability resulting from asbestos-related conditions. VA awards are usually higher when the disability is higher. Asbestos trust fund settlements are typically provided to those with a verified asbestos diagnosis and can range from a mere $10,000 to millions of dollars. The amount the victim will receive is determined by the severity of their illness and the impact of the illness on their life, as well as the location where they filed their claim.
Legal Representation
Despite knowing for decades that asbestos was a poisonous mineral that could cause mesothelioma and lung cancer, as well as other ailments, companies continued to employ asbestos in shipyards and other industrial facilities. Anyone who has had a history of occupational asbestos exposure could be eligible for compensation.
Mesothelioma lawyers need to collect medical records, employment history and other evidence of your asbestos exposure prior to filing a lawsuit. This involves looking over decades-old purchase orders, contacting former co-workers and interviewing family members. The law firm you choose to represent you must have experience in dealing with these kinds of claims.
A lawyer who has handled hundreds or even thousands of mesothelioma cases will have a better understanding of the procedure than someone who is brand new to it. Your lawyer will have access to national resources that can assist with your case research and help determine which asbestos companies are accountable for your losses.
A lot of asbestos cases end up in out-of-court settlements. The procedure varies based on your state's laws and your asbestos exposure history. Before you decide, your attorney will inform you the options that are available.
If you win the verdict, it may take several months to a year before you start receiving payments. During this time your lawyer will work with the judge to ensure that you get the compensation you are entitled to.
The defendants may attempt to delay your compensation by filing unfounded appeals. A knowledgeable mesothelioma lawyer will know how to thwart these tactics and get your case to trial fast.
In most states, you must file a lawsuit within a specific time frame following your diagnosis. You must commence the legal process immediately after you suspect mesothelioma, or any other asbestos-related disease. Boca Raton asbestos attorneys get in touch with an attorney for mesothelioma and the quicker your claim will be filed. The law firms we recommend have the national resources to study every asbestos claim thoroughly and determine all asbestos producers who are responsible. This could make a huge difference in the amount of money you receive in settlement or verdict.