How to File an Asbestos Lawsuit
You may be able to make a claim if you or someone you love has been diagnosed with a disease related to asbestos. A qualified mesothelioma attorney can assist you in understanding the options available to you and help begin the process.
The plaintiffs in a mesothelioma suit are the companies who exposed you to asbestos. These companies usually no longer exist however, they could have established trusts to compensate victims.
Statute of limitations
A statute of limitations is a law which sets the maximum amount of time allowed for someone to bring a lawsuit or to take legal action. This limit can vary by the state and the type of case. For most personal injury cases, the statute of limitations begins to run at the time of the accident or injury. However, asbestos-related victims are unique in the sense that many don't realize they suffer from mesothelioma or another serious illness until years after their exposure to the toxic substance. This is why it's important to contact a mesothelioma attorney immediately following an announcement of diagnosis.
A qualified mesothelioma attorney will be able to determine the specifics of a victim's case and make sure their rights are secured. After the mesothelioma attorney is certain they have a valid case they can file the proper claim for compensation. This could be a personal injury lawsuit, wrongful death suit, or asbestos trust fund claim.
Asbestos victims should be aware of their filing dates and filing locations. Even if they miss a deadline a mesothelioma attorney might be able to assist clients explore other avenues for compensation. This includes filing additional lawsuits and submitting claims against the asbestos trust fund.
It is also important to remember that a mesothelioma lawsuit may go through several stages before settling or trial. During the course of litigation, victims and their mesothelioma attorneys must determine asbestos-related companies and products that are responsible. This could take months or even years to complete.
The attorneys should collect evidence, such as medical records, employment and labor history and asbestos product identification. The attorneys must also calculate damages, which could include future medical expenses as well as lost income, emotional distress and loss of companionship. The lawyer will then decide the best way to achieve the maximum amount of compensation for their client.
The exact mesothelioma settlement amounts are usually kept secret due to confidentiality agreements. However, occasionally, certain figures are released. In 2018 the family received a settlement of $630,000 from a variety of defendants for the death of an Redding mechanic who died of asbestos-related lung carcinoma. This was the family's second settlement following one in 2017. These figures do not represent the average settlement amount for mesothelioma. However they do demonstrate the value that patients receive.
How to File a Claim
Mesothelioma, a terminal illness that is complex and requires costly treatment can cause families to be in financial straits. Compensation from asbestos lawsuits allows patients to pay for life-extending medical bills and also support their loved family members. It also helps to cover funeral costs and other expenses.
However, each case is unique and there are numerous aspects that can influence the value of a claim. In a no-cost mesothelioma case review, an experienced lawyer will determine how asbestos exposure affected your health and determine the best method to claim compensation on behalf of you.
A mesothelioma lawyer will make an action for financial compensation with the responsible party which may include a multi-national corporation or an insurance company that has taken on liability from a bankrupt asbestos manufacturer. The lawyer will assist you in completing the form and ensure that it is filed by the deadline to comply with state law.
Each state's statutes of limitations provide a distinct timeframe within which mesothelioma patients must pursue legal action. It is recommended that you consult a mesothelioma attorney as early as you can, because the statute of limitation expires and you'll be unable to recover compensation for your condition.
The mesothelioma lawsuit filing process typically takes between two and four years from beginning to the end. A multi-disciplinary legal team will aid you in every step of the process that includes collecting medical records, interviewing witness conducting research, and preparing for trial.
The majority of asbestos cases settle before trial. If you aren't satisfied with the amount of settlement, your lawyer will not hesitate to take your case to trial.
Compensation for mesothelioma usually covers past and future medical costs, funeral expenses, lost wages, loss companionship and other losses that are associated with the disease. Veterans suffering from mesothelioma or other asbestos-related illnesses, must also apply for VA benefits to pay for treatment and medical expenses.
If you are a veteran diagnosed with mesothelioma or other cancers, contact a national mesothelioma law firm for a free legal consultation. A dedicated team of mesothelioma attorneys will determine if you're qualified to file a mesothelioma suit against companies that exposed you to asbestos during your time in the military.
Settlements
Asbestos victims can receive compensation through negotiated settlements or verdicts. Both of them can assist with the expenses associated with treating mesothelioma as well being able to address other issues, such as loss of income or quality of life.
In a settlement by a manufacturer of asbestos, the company agrees to pay the victim a certain amount of money. This is reached through negotiations between the lawyer of the victim and the asbestos company responsible for their exposure.
A knowledgeable mesothelioma lawyer will examine your employment history and asbestos exposure to identify the defendants in your case. The defendants could be any of the companies that manufactured or sold asbestos-containing products at your workplace site. These companies exposed workers to asbestos in a way they knew about and failed to warn workers of the dangers until they died from the disease.
Most asbestos cases are now resolved by trust funds as many asbestos manufacturers went bankrupt when they were inundated by lawsuits. These trusts hold over $30 billion to help mesothelioma sufferers. The victim's mesothelioma attorney can help them determine which trust fund to file their claim with.
The median mesothelioma settlement ranges from $1 million to $2 million. However, the larger a jury verdict, the more money a victim can expect to receive. During the trial mesothelioma lawyers are required to present evidence such as medical records, employment history as well as expert testimony and other documentation to prove their client's case.
Even after exposure to asbestos, victims are able to seek justice by filing mesothelioma claims. They can hold negligent asbestos firms accountable for exposing their loved ones to this avoidable illness and provide compensation to cover the cost of medical treatment and lost wages.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. Compensation from a mesothelioma case can bring closure to victims families, and help ensure that they receive the financial assistance required to live their lives as fully as they can.
Because mesothelioma is a serious and deadly, the victims need to act fast. Finding a law firm that has a track record of success in pursuing mesothelioma-related cases is crucial. Ask your family members, your doctor, or any other sources for recommendations of attorneys in your area.
Trials
Many sufferers of asbestos-related illnesses receive compensation through an agreement. Some cases do end in the courtroom. A trial can take several years and requires an impartial jury to determine the amount of the award. A judge could decide to speed up the process if the victim is in a very serious condition. Trials typically result in greater amounts than settlements.
Attorneys will collect evidence to prove asbestos exposure in a mesothelioma case. They will identify the companies and manufacturers responsible for that exposure. Mesothelioma lawyers will seek damages for the victim and their family members. These damages can include punitive and compensatory damages. They will also seek compensation for the loss of income and enjoyment of life.
Most victims and their families prefer to settle instead of going to trial. Settlements are less stressful than trials and permit victims to receive their payouts earlier. However, a seasoned mesothelioma lawyer will plan for a trial, if needed, to maximize the amount of compensation their client receives.
The compensation from a mesothelioma lawsuit can help patients pay for their medical bills, lost wages and other documented expenses associated with the disease. In some cases, it may even cover funeral costs. A lawyer can determine if a victim is eligible for compensation by looking over their mesothelioma diagnosis, their work and military history and their family history. They can also look over asbestos trust funds to determine compensation from employers and manufacturers.
A legal team representing an asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. This could give veterans access to some of the most renowned mesothelioma specialists around the world as well as financial assistance. However, seeking benefits from the VA does not limit the right of a veteran to file a lawsuit against the asbestos-related companies responsible for their exposure and mesothelioma.
In the majority of mesothelioma lawsuits the defendants would prefer not to see the case progress to a full-blown trial. They will be afraid of the potential verdict particularly if the trial includes punitive damages. The long history of verdicts in favor of asbestos-related companies makes it difficult to deny liability during trial.