How to File an Asbestos Lawsuit
You may be able to make a claim when you or someone you know has been diagnosed with a disease that is related to asbestos. A mesothelioma lawyer can assist you determine your options and begin the process.
In a mesothelioma lawsuit the defendants are asbestos-exposure companies. These companies often have gone out of business however, they could have set up trusts to compensate victims.
Statute of Limitations
A statute of limitations is a law that sets the time limit for when an individual has to take legal action and make a claim. The time limit is different for each state and also the kind of case. In the majority of personal injury cases, the statute of limitations clock begins to tick at the time the injury or accident occurs. However, asbestos sufferers are different in that a lot of them don't realize they suffer from mesothelioma or another serious illness until years after exposure to the deadly substance. It is crucial to speak with an attorney as soon after a diagnosis as is possible.
A mesothelioma lawyer can assist victims understand the specifics of their case and ensure their legal rights are protected. After the mesothelioma attorney is convinced they have a solid case, they can file a claim for compensation. This could be a personal injuries lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos victims should be aware of their filing dates and filing locations. Even if victims fail to meet an important deadline, a mesothelioma attorney may be able help clients explore other avenues for compensation. This could include filing additional lawsuits and making claims against the asbestos trust fund.
It is important to remember that mesothelioma cases can go through several stages before either a settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must determine asbestos-related companies and products that are accountable. It could take months or even years to complete.
The attorneys then have to collect evidence, such as medical records, labor and employment history and asbestos product identification. The attorneys must also determine damages, which can include future medical expenses as well as lost income, emotional distress, and loss of companionship. The lawyer will then decide the best method to get the maximum amount of compensation for their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma compensation from being revealed. However, some figures do get public from time to time. For instance, in 2018 the family of a Redding mechanic who passed away from asbestos-related lung cancer received an agreement worth $630,000 with multiple defendants. This was the second settlement that this family received after a previous payout in 2017. While these figures don't represent the total mesothelioma payout, they illustrate the significant value that victims can receive from their claims.
Filing a Claim
Mesothelioma is a debilitating illness that is complex and requires costly treatment, can cause families to be in financial distress. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and also support their loved family members. It also helps pay for funeral costs and expenses.
Each case is unique and a variety of factors can impact the value of any claim. When you receive a free mesothelioma claim review, an experienced lawyer will determine the impact asbestos exposure had on your health and decide on the best way to seek compensation on your behalf.
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 assumed responsibility for a bankruptcy asbestos manufacturer. The attorney will help you complete the necessary paperwork and ensure it is timely filed to ensure compliance with state laws.
Each state's statute of limitations provides a distinct deadline within which mesothelioma patients have to take legal action. It is crucial to consult with a mesothelioma lawyer as soon as you can because once the statute of limitations passes and you are no longer legally entitled to any compensation for your illness.
The mesothelioma lawsuit process typically takes between two and four years from start to end. A multi-disciplined team of lawyers will help you through every step of the way, such as collecting and analyzing medical data, interviewing witnesses, conducting research and preparing for trial.
The majority of asbestos cases settle for a settlement before going to trial. However, if you're not satisfied with the settlement amount, your lawyer will not hesitate to take the case to trial on behalf of you.
The mesothelioma compensation typically covers past and future medical expenses, funeral expenses and lost wages, as well as loss of companionship and other losses that are associated with the disease. In addition, veterans diagnosed with mesothelioma or another asbestos-related disease should apply for benefits through the VA to help pay for their treatment and healthcare.
Contact a national law firm that specializes in mesothelioma law for a free consultation. A team of mesothelioma experts will determine if you're qualified to file a mesothelioma lawsuit against the companies that exposed you to asbestos while serving in the military.
Settlements
Asbestos victims can be compensated through settlements or verdicts that are negotiated. Both can assist in covering the cost of treating mesothelioma, and also address other issues like loss of income or the quality of life.
In a settlement that is negotiated, a manufacturer of asbestos will pay a victim a specific amount. Negotiations are conducted between the victim's attorney and the asbestos company responsible for the victim's exposure.
A knowledgeable mesothelioma lawyer will review your work history and asbestos product exposure to determine the defendants in your case. The defendants could be one or more companies that manufactured or sold asbestos-containing products at your work site. These companies exposed workers to asbestos in a way they knew about and did not inform workers of the dangers until workers passed away from the disease.
The majority of asbestos cases are resolved by trust funds since many asbestos producers went bankrupt after being hit by lawsuits. These trusts hold over $30 billion in funds to aid mesothelioma sufferers. Lawyers for the victim can help them determine which trust fund to submit their claim to.
The average settlement for mesothelioma is between $1 and $2 million. The more money the victim will receive, the more substantial the verdict by the jury. During the trial, mesothelioma lawyers will present evidence such as medical records, employment history as well as expert testimony and other documentation to prove their client's case.
A mesothelioma case can be filed by victims who have been exposed to asbestos. They can hold negligent asbestos firms accountable for exposing loved ones to this avoidable illness and offer compensation to cover the cost of medical treatment and lost wages.
Mesothelioma is an extremely painful, life-threatening disease that isn't always cureable. Compensation from a mesothelioma case can bring closure to victims families, and help ensure that they receive the financial support required to live as full as they can.
The seriousness and death of mesothelioma demands that patients take action quickly. Finding a law firm that has a track record of success in pursuing mesothelioma-related cases is crucial. Ask family members who have been diagnosed with the disease, your doctor or other sources for recommendations of attorneys in your region.
Trials
Many victims of asbestos-related illnesses are awarded compensation through a settlement. Some cases do end in the courtroom. A trial can last several years and the jury has to decide the amount of compensation. A judge can decide to speed up the process if the victim is in a very serious condition. Trials can be more expensive than settlements.
In a mesothelioma suit, attorneys will compile evidence to prove exposure to asbestos. They will also identify the companies and manufactures that are responsible for asbestos exposure. Mesothelioma lawyers will attempt to recover damages on behalf of the victim and their family members. These damages can include compensatory and punitive damages. Additionally, they will seek to recover compensation for the victim's loss of enjoyment from life and the loss of income.
The majority of victims and their families prefer to settle instead of go to trial. Settlements are less stressful than trials and enable victims to receive their compensation sooner. A mesothelioma lawyer will prepare their client for trial if necessary to maximize the compensation of their client.
Compensation for mesothelioma could assist patients with medical expenses, lost income, and other expenses that are attributed to the disease. In certain instances, it could even pay for funeral expenses. A lawyer can determine whether a victim is eligible for damages by reviewing 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.
The legal team representing asbestos victims will also consider pursuing benefits from the Department of Veterans Affairs. Veterans have access to the top mesothelioma experts in the world, and also additional financial assistance. However, pursuing benefits from the VA doesn't limit the right of a veteran to file an action against asbestos companies responsible for their exposure and mesothelioma.
In the majority of mesothelioma lawsuits defendants will not want to see their case go through a full-blown trial. They are afraid of the potential verdict amount, particularly if a case includes punitive damage. In addition, the lengthy history of verdicts against asbestos companies will make it difficult for them to deny the responsibility at trial.