What is the procedure for filing an asbestos-related claim?

The procedure for filing an asbestos-related claim in New York is complex, and may differ depending on the case. Generally, the plaintiff (the person filing the claim) must prove that the defendant (the person or company being sued) was negligent or acted unlawfully in some way in order to receive compensation. First, the plaintiff must file a complaint in the court system, which outlines their claim and the damages they are seeking. This paperwork must be served to the defendant, and they have the opportunity to respond by filing an answer. Next, the two sides will engage in a period of discovery, where each party gathers evidence and paperwork that pertain to the case. This includes documents, records, photographs, and expert reports. This process is designed to give both sides the opportunity to fully understand the other’s evidence and to decide if they want to proceed to trial. When all of the evidence has been collected, a trial may be scheduled where the jury will hear the case and judge whether or not the defendant should be held accountable for the harm caused to the plaintiff. The jury will consider the evidence presented and will determine compensation for the plaintiff. It is important to note that asbestos litigation is very complex and the process for filing an asbestos-related claim is both lengthy and difficult. It is highly recommended that anyone looking to file such a claim seek legal advice from an experienced attorney.

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What is the procedure for filing an asbestos-related claim?

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