Top Five Questions about Filing an Asbestos Lawsuit
An asbestos lawsuit is your best option for legal recourse when you or your loved one has been a victim of asbestos. The following five questions cover some of the most asked about topics related to asbestos claims:
#1 What will you need to file a lawsuit related to asbestos injury?
The first requirement for pursuing a lawsuit involving asbestos injury is an experienced and talented attorney to represent you throughout the course of your claim. Your lawyer will draft and file all of the necessary documents with the court, compile evidence to prove negligence on the part of the defendant and make settlement negotiations on your behalf.
You will also need documented proof—both of yourillness and the circumstances surrounding the associated asbestos exposure. Additionally, you’ll need the necessary evidence (or ability to obtain it) that proves that negligence on the part of the responsible party.
#2 What is the difference between a class action and an individual asbestos lawsuit?
A class action lawsuit involves a group of plaintiffs collectively suing one defendant, whereas an individual lawsuit is brought by one claimant alone. There are advantages and disadvantages to each option, though the scale does generally tip in favor of individual claims. Settlements tend to be considerably larger in individual cases, because the sum does not have to be divided amongst several recipients. On the other hand, the likelihood of success may be higher among claimants in class action suits.
#3 How much money is the settlement in an asbestos case worth?
Settlement amounts vary and can be contingent on many different factors, one of which may be the quality of your asbestos attorney. You will want an attorney who will be aggressive in the negotiating process and also be willing to go to trial, if necessary. It is difficult to say how much your case will settle for but most average one to one-and-a-half million dollars or more.
#4 How long do I have to file an asbestos lawsuit?
It is of vital importance that you file your claim as soon as possible after being diagnosed. There is a deadline for legal action in cases of asbestos injury, but they a different from one state to the next. Be sure to find out about the statute of limitations in your state.
#5 Are there any available options for legal recourse if my loved one has already passed away from an asbestos illness?
Family members of deceased asbestos victims can still pursue a claim on their behalf. Similar to the statutes of limitations that apply to victims themselves, a certain window is set for family members to file an asbestos lawsuit after the victim’s death. In cases where a settlement s awarded posthumously, it will generally go to the beneficiary’s next of kin—most often a spouse or child.