How to File an Asbestos Lawsuit
You may be able to bring a lawsuit when you or someone you know has been diagnosed with a disease that is related to asbestos. A mesothelioma lawyer who is experienced can assist you in understanding your options and help you start the process.
In a mesothelioma lawsuit, the defendants are the asbestos exposure companies. These companies may no longer exist but may have established trusts to compensate victims.
Statute of limitations
A statute of limitations is a law that determines the time limit for when an individual is required to take legal action and bring a lawsuit. The time limit varies by state and type of case. In the majority of personal injury cases, the statute of limitations starts to run when the injury or accident occurs. However, asbestos victims are different in that a lot of them don't realize they suffer from a serious illness like mesothelioma until years after their exposure to the deadly substance. This is why it's so important to speak with mesothelioma lawyers as soon as you can after the diagnosis.
A qualified mesothelioma lawyer can assess the details of a patient's case and ensure their legal rights are protected. Once the mesothelioma lawyer is convinced they have a solid case they can file a claim for compensation. This could be an injury lawsuit for personal injuries or wrongful death suit, or an asbestos trust fund claim.
Asbestos victims should be aware of their filing deadlines and locations. Even even if they fail to meet a deadline, a mesothelioma lawyer may be able to assist victims explore other avenues for compensation. This includes filing additional lawsuits and making claims against the asbestos trust fund.
It is also crucial to remember that a mesothelioma case can go through a variety of stages before reaching a settlement or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must identify asbestos companies and products that are responsible. This could take months or even years to complete.
The attorneys should collect evidence, such as medical documents, employment and labor history and asbestos product identification. The attorneys will also have to determine the amount of damages. This includes future medical expenses and income loss, emotional distress, and loss of companionship. The attorney will decide on the best strategy to maximize compensation for their client.
Confidentiality agreements typically prevent the exact amount of mesothelioma compensation from being revealed. However, some figures do appear on the public at times in time. In 2018, the family received $630,000 from several defendants in connection with the death of a Redding mechanic who died of asbestos-related lung carcinoma. This was the second settlement that this family received following a prior settlement in 2017. These figures do not represent the average settlement amount for mesothelioma. However they do illustrate the value that patients receive.
Making a Claim
Mesothelioma is a complex terminal disease that requires expensive treatment and can put families under financial stress. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical bills and also support their loved ones. It also helps pay for funeral costs and expenses.
Each case is unique and there are many variables that could impact the value of a claim. During a free mesothelioma case review, a skilled lawyer will assess how asbestos exposure affected your health and decide on the best avenue to pursue compensation on your behalf.
A mesothelioma lawyer will submit a claim to the responsible party for financial compensation. This could be a multinational corporation or an insurer that has assumed the responsibility of a bankrupt manufacturer of asbestos. The lawyer will assist you in filling out the paperwork and ensuring that it is filed by the deadline set by state law.
Each state's statute of limitations provides a distinct deadline within which mesothelioma patients must take legal action. It is crucial to consult with a mesothelioma lawyer as soon as you can, because if the statute of limitations expires, you will not be in a position to claim any compensation for your condition.
The mesothelioma lawsuit filing process usually takes between two and four years from beginning to the end. A multi-disciplinary legal team will assist you at every step that includes collecting medical records, interviewing witnesses, conducting research, and preparing for the trial.
Most asbestos cases settle prior to trial. If, however, you are not satisfied with the settlement amount your lawyer will not hesitate to take the case to trial on your behalf.
Compensation for mesothelioma typically covers past and future medical expenses, funeral expenses, lost wages, loss companionship and other losses incurred with the disease. In addition those who have been who are diagnosed with mesothelioma, or any other asbestos-related illness should apply for benefits through the VA to help pay for their treatment and healthcare.
If you're a veteran diagnosed with mesothelioma, call mesothelioma lawyers from across the country for a no-cost consultation. A team of mesothelioma attorneys will determine if your mesothelioma claim may be filed against a company who exposed you to asbestos during your military service.
Settlements
Asbestos victims can receive compensation through settlements or verdicts that are negotiated. Both can assist in covering the costs of treating mesothelioma, and also address other issues such as loss of income or loss of life.
In a settlement negotiated, a manufacturer of asbestos agrees to pay the victim a certain amount. Negotiations are carried out between the attorney of the victim and the asbestos company that is responsible for the victim's exposure.
A knowledgeable mesothelioma lawyer will review your work history and asbestos exposure to determine the defendants in your case. The defendants could be a number of companies that sold or made asbestos-containing products at your workplace site. These companies often knowingly exposed workers to asbestos but did not warn them of the dangers until their deaths from the disease.
Because many of the asbestos producers went under due to the flood of lawsuits, most asbestos cases are settled through trust funds. Trusts are able to hold more than $30 billion in funds to help mesothelioma sufferers. The mesothelioma lawyer for the victim can help them determine which trust fund to file a claim with.
The mesothelioma average settlement ranges from $1 million to $2 million. However, the larger a jury verdict, the more a victim can expect to receive. During the trial, mesothelioma lawyers will present evidence like medical records, employment history and expert testimony, as well as other documents to prove their client's case.
Even after exposure to asbestos, victims can still get justice through filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and seek compensation to pay medical expenses and lost wage.
Mesothelioma is an extremely painful, life-threatening disease that is not always cureable. Compensation from a mesothelioma case can bring closure to the victims families and ensure that they receive the financial aid required to live as full as they can.
The severe and fatality of mesothelioma require patients to take action quickly. Finding a law firm that has proven success in pursuing mesothelioma cases is essential. Ask family members who have been diagnosed with the disease, your physician or other sources for recommendations on lawyers in your area.
Trials
Many victims of asbestos-related illnesses are awarded compensation through an agreement. Some cases do end in the courtroom. A trial can take several years and require an impartial jury to determine the award amount. A judge could decide to speed up the process if the victim is in very serious situation. Trials are usually more expensive than settlements.
Attorneys will collect evidence to prove asbestos exposure during mesothelioma cases. They will also identify companies and manufacturers that are responsible for the asbestos exposure. Mesothelioma lawyers will attempt to recover damages for the victim and their families. These damages can include compensatory and punitive damages. In addition, they will seek to get compensation for the victim's loss of enjoyment in life and lost income.
Most victims and their families prefer to settle than to go to trial. Settlements are usually less stressful than a trial and may enable the victim to receive their compensation much earlier. A mesothelioma lawyer can prepare their client for trial if necessary to maximize the amount of compensation received by their client.
The money received from a mesothelioma cancer case can help patients pay for their medical bills, lost wages and other documented expenses associated with the disease. In some instances, compensation can be used to pay for funeral expenses. A lawyer can determine a victim's eligibility to claim damages by examining their mesothelioma diagnose, their employment and military histories, and their family history. They can also look into asbestos trust funds to determine whether employers or manufacturers have compensated victims.
The legal team representing asbestos victims may also look into applying for benefits through the Department of Veterans Affairs. Veterans will have access to the most reputable mesothelioma experts in the world, and also additional financial support. However, pursuing benefits from the VA doesn't limit a veterans right to file an action against the asbestos companies responsible for their exposure and mesothelioma.
In most mesothelioma cases defendants do not want an extensive court trial. They will be scared of the possible verdict amount, particularly if a case involves punitive damages. The long record of verdicts against asbestos-related companies makes it difficult for them deny liability during trial.