Asbestosis Lawsuit Claim In 2024 - All You Need to Know
If you think you have a legal claim for an illness you suffered due to asbestos exposure, filing an asbestosis lawsuit claim is the best way to get fully compensated. Asbestos builds up in the body over time. Therefore, your risk of suffering from asbestos depends on how often you were in a place where asbestos fibers were in the air and how concentrated the fibers were.
Although people can be exposed to asbestos in different places, including their own homes and schools, workers often have a particularly high level of risk. People who handled or got exposed to asbestos as a part of their jobs were exposed to high concentrations of asbestos over long periods.
Asbestosis settlements and verdicts
The average settlement amount for asbestosis lawsuit claim ranges from $1 million to $1.5 million. The average asbestosis trial verdict is between $5 million and $11.4 million. The settlements from an asbestosis claim provide guaranteed compensation to patients or their loved ones, meaning they can be paid out in a few months. In general, settlement payouts are nontaxable under federal tax laws.
Symptoms of asbestosis
Some signs that you may have asbestosis include:
- A persistent cough.
- Fatigue (extreme tiredness).
- Pain in your chest.
- Shortness of breath.
- Clubbed or swollen fingertips when asbestosis is more advanced.
If you or anyone you know suffers from these symptoms, we recommend contacting your doctor immediately.
How long do you have to sue?
Asbestosis typically develops 10 to 40 years after being exposed to asbestos. State laws, such as the statutes of limitation, usually give people one (1) to five (5) years from the diagnosis or discovery of asbestosis to file a lawsuit against asbestosis. Note that the statute of limitations is only one (1) year from diagnosis or discovery in some states, including Tennessee, California, and Louisiana. So, it’s crucial to act promptly because
However, if the asbestosis victim has already died, the deceased’s spouse and other heirs typically have one (1) to three (3) years from the date of death to file a wrongful death action. Filing a claim would help the heirs recover and get compensation for asbestos damages.
If you developed asbestosis or another type of cancer using a talc product, such as baby powder, the deadline for filing a claim would be based on a product liability lawsuit. It’s important to talk with a skilled and experienced lawyer for details on the statute of limitations on your potential case so you don’t lose your right to claim compensation.
Important note: A person with asbestosis cannot file or join in a class-action lawsuit as each person’s medical history and the prognosis is different. Therefore, asbestosis cases must be filed individually.
Factors affecting asbestosis settlement amount
Various factors affect the potential settlement amount of claims when filing an asbestos claim. Some of these factors include medical expenses, lost wages, punitive damages, the number of companies named in the lawsuit, and the state having jurisdiction over the case.
Most asbestosis patients suffering from the hardships of cancer also experience financial difficulties from mounting medical costs. As patients and their family members have to focus on asbestosis and caregiving treatments, they might be unable to work, resulting in loss of income.
When a jury issues a verdict in favor of the plaintiff in an asbestos litigation, jurors consider compensatory damages such as the actual economic losses suffered by the plaintiff. Jurors may also consider the award of punitive damages, which serve to punish a defendant for particularly bad behavior and deter others from acting similarly.
In cases where the manufacturer knowingly allowed asbestos products to harm people, the potential financial liability would be more significant. Some cases have resulted in awards of asbestos injuries in the tens of millions of dollars. If a defendant has settled or lost cases in the past, it might want to settle a claim quickly without going through the trial process again.
Plaintiffs often file asbestosis claims against multiple companies that manufacture asbestos-containing products. In lawsuits where multiple defendants are named, it’s common for some defendants to settle at a fair amount to avoid legal expenses rather than get negative publicity or have a prolonged proceeding.
Different states require varying amounts of evidence to prove liability, negligence, and wrongdoing on the part of a defendant. Some states also cap the number of damages a jury can award in a trial.
Common scenarios for asbestos settlement
The settlement process starts with an asbestosis attorney preparing to present a plaintiff’s case to a judge and jury. Asbestos settlement negotiations with defendants can occur before, during, or even after a trial.
After you work with your lawyer to identify the potentially liable companies and file your claims in the form of a complaint, the defendants will be given around 30 days to respond in the form of an answer. Some defendants may offer a small settlement immediately rather than file an answer to your complaint. However, some would also file an answer to deny the claim.
The phase leading up to the trial date is called discovery. During discovery, asbestos injury attorneys on both sides collect evidence to build their cases. Depending on the facts and proof they’ve uncovered, defendants may be willing to negotiate a settlement at this stage to avoid a trial.
If a trial starts to go badly for a defendant, the defendant may be motivated to settle to avoid a damaging verdict. Even if a jury takes your side, accepting a settlement may be in your best interest. This is because an appeal of the decision filed by the losing defendant would prolong the legal process.
It’s essential to work with a reputable and experienced asbestosis law firm to ensure that you have a solid case to support your claim for compensation.
Wherever you are in the United States, Ethen Ostroff Law will advise you about your options and whether you should hold out for a better proposal. Our job includes helping you get access to the top lawyers who can advise on various other factors that can help you get a fair settlement for an asbestosis lawsuit. Call us on 610-510-8883 to discuss your case today.