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An Asbestos Exposure Lawsuit An asbestos exposure lawsuit is a civil action for compensation. These claims can be filed in court against solvent, non-bankrupt companies, or outside of court, using bankruptcy trust funds for claims involving asbestos producers that have gone bankrupt. If a victim dies prior to their personal injury mesothelioma lawsuit is resolved, their loved ones can file a wrongful-death lawsuit on their behalf. These cases can result in significant payouts. Jury Verdicts The victims of asbestos-related illnesses need justice. Many have filed lawsuits against the companies that exposed asbestos-related illnesses to harmful chemicals. Many of these lawsuits resulted in large verdicts by juries. A mesothelioma attorney can help you to hold negligent companies accountable for their actions. A mesothelioma verdict is a decision made by a judge or jury about whether an asbestos business should be held accountable for the damages suffered by a victim. The verdict will specify the amount of money that asbestos company owes to the victim. Verdicts can only be issued following a trial. An asbestos lawsuit can be settled out of court. A settlement is not a guarantee of compensation for the victim. Many victims who settle outside of court never receive any compensation. It is important to remember that a settlement will not replace a verdict, and a plaintiff may still be entitled to a decision at the end of their trial. Weitz & Luxenberg has successfully secured mesothelioma verdicts from juries. One of them was the $23 million verdict that was awarded to James McWilliams who was a lifelong steamfitter who developed mesothelioma pleural. The verdict awarded $13 million for past pain and sufferance and $10 million in future pain and sufferance. W&L attorney Brittany Russell tried the case with the assistance of Pierre Ratzki, a member of the firm's appellate team. In 2022 the jury awarded another mesothelioma patient $23 million. This victim was exposed to asbestos by her husband's exposure. Her husband was a carpenter who brought asbestos fibers home after installing Algoma doors made of wood. The jury found that the asbestos exposure from these products led to pleural mesothelioma. Many victims have gotten millions of dollars in mesothelioma lawsuits. In the first three-quarters of 2022 juries awarded more than $177 million for mesothelioma verdicts. To prove mesothelioma sufferers' cases, they must prove that their exposure to asbestos caused their injuries. A plaintiff must demonstrate that exposure to a defendant's product led to their injury. Garden Grove asbestos attorney of Court If a company is unable to prevail in court or settle a lawsuit outside of court, it may be able to steer clear of large judgements in favor of the victims. This can help keep a negative impact off their stock price, or other financial measures. It can also assist them to get a settlement close to what a juror would have awarded them in a court. Asbestos settlements vary depending on the severity of mesothelioma diagnosis. The amount they pay for their lost earnings, the amount of medical expenses and the degree to which their mesothelioma has impacted their quality of life are all important factors in determining the amount of a victim's compensation in cash. A mesothelioma law firm will strive to gather as much information about a client's asbestos exposure and illness as it is possible. This may involve analyzing work environments from decades past. It may be necessary to study asbestos-related companies that are no longer operating, but whose parent companies are still responsible. After a mesothelioma lawyer gathered the necessary information, they will file an asbestos suit against one or more defendants. The defendants will have an established time in which to respond, usually 30 days following the notification of the lawsuit. They may deny liability and claim that smoking triggered the disease or make other assertions. Asbestos lawyers often negotiate a settlement with the defendants on behalf of their clients. The process typically takes eighteen months, with both sides negotiating to come to an agreement that is fair to the victim. If a mesothelioma sufferer is not alive when the case settles their family members may continue with a wrongful death lawsuit. These lawsuits can be used to compensate a loved one's family for loss of companionship as well as pain and suffering, 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 could include punitive damage intended to punish the defendants for a particular act of obscene conduct. Trials Asbestos is strongly linked to mesothelioma, lung cancer and other asbestos-related diseases. In many cases, asbestos-related victims are entitled to substantial compensation from the companies that produced asbestos-containing products. Asbestos is a fibrous needle-like mineral that can be breathed in or ingested as dust particles. Inhaling or swallowing these particles could cause serious health issues that can take years to manifest. Many of the companies that produced and sold asbestos have shut down or gone into bankruptcy, but 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 that have assumed the responsibility of asbestos producers who were once in business. While the majority of asbestos-related claims are settled out of court, a tiny percent of lawsuits are brought to trial. Asbestos litigation is complex and requires the help of experienced lawyers. Trials are usually held at the county level but mesothelioma law firms with experience will usually transfer a case to a jurisdiction that is more favorable to their client's legal claims. The outcome of the trial will be contingent on the strength of the victim's legal case. This includes evidence of his or her asbestos exposure background, medical records and evidence that he or suffers from asbestos-related ailments. Victims and their families must also be able to show that they suffered losses. This includes medical expenses, lost wages, discomfort and pain. In wrongful death lawsuits wages lost due to asbestos illnesses are also recoverable. Asbestos sufferers, who are unable to or unwilling to file a lawsuit or file a lawsuit, might be able to obtain compensation through veterans' disability benefits or trust fund settlements. VA compensation is offered by the Department of Veterans Affairs. It is based on the degree of disability resulting from asbestos-related conditions. VA compensation is usually greater when the disability is more severe. Asbestos trust funds are provided to those who have been confirmed with an asbestos diagnosis. They can range from 10,000 to millions. The amount the victim receives is determined by the severity of their condition, the extent to which the disease has impacted their life and where they made their claim. Legal Representation Despite being aware for decades that asbestos was a harmful mineral that can cause mesothelioma as well as lung cancer, in addition to other diseases, manufacturers continued to use asbestos in shipyards and other industrial facilities. Individuals with a history of occupational asbestos exposure could be able to claim compensation from the companies that are responsible for their injuries. Mesothelioma lawyers must gather medical records, employment histories and other evidence of your asbestos exposure before filing a lawsuit. This involves reviewing purchase order histories that date back decades, contacting former co-workers and interviewing family members. The law firm you select to represent your case must have experience in handling these types of claims. A lawyer who has dealt with hundreds or even thousands of mesothelioma cases has a greater understanding of the process than someone who hasn't dealt with one before. Your lawyer will have access to national resources that can help in the case study process and help determine which asbestos companies may be responsible for your damages. Settlements are usually reached outside of the court in asbestos cases. The procedure can differ based on the laws in your state and the extent of your asbestos exposure. Your attorney will explain the options available to you before you decide. If you receive a verdict, it will take several months to a year before you start receiving payments. During this time, your lawyer will work with the court system to ensure you get the money you are entitled to. Defense attorneys may attempt to delay your compensation by filing frivolous appeals. A mesothelioma lawyer will know how to thwart these tactics and bring your claim to court quickly. In most states, you have to make a claim within a specific timeframe following your diagnosis. You should also start the legal process as soon as you suspect you have mesothelioma or another asbestos disease. The earlier you speak to an attorney for mesothelioma, the quicker your claim will be filed. The law firms that we recommend have the national resources necessary to investigate each asbestos claim in depth and identify all asbestos manufacturers that are accountable. This can make a significant difference in the amount you get as a settlement or verdict.