What is the process for handling an asbestos-related claim?
In North Carolina, the process for handling an asbestos-related claim is relatively straightforward. First, an individual who believes they may have suffered an asbestos-related injury must consult a medical professional to determine if they have an asbestos-related disorder. If a diagnosis is made, the individual must then consult with a lawyer who specializes in asbestos-related claims in order to discuss their legal options. The lawyer will review the individual’s medical records to determine whether the individual’s exposure to asbestos fits the criteria necessary to pursue a claim. If the individual’s case is viable, the lawyer will file a lawsuit against the responsible parties. After a lawsuit is filed, the parties involved must engage in a period of discovery. This is a pre-trial phase where each side is allowed to request relevant documents, interview witnesses, and depose people. Once the discovery phase is complete, the parties will then move to settlement negotiations where they attempt to reach an agreement without going to trial. If an agreement cannot be reached, the case will proceed to trial where a jury will decide the outcome. Finally, once a verdict is reached, the individual must collect their damages. Depending on the circumstances of the case, damages may include both compensatory and punitive damages, and the individual’s lawyer will help determine the best way to collect them.
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