How to File an Asbestos Lawsuit
You could be able to bring a lawsuit in the event that you or someone you love has been diagnosed with a condition related to asbestos. A qualified mesothelioma attorney can help you understand your options and help you begin the process.
The plaintiffs in a mesothelioma lawsuit suit are the companies who exposed you to asbestos. These companies usually are no longer in existence however, they could have set up trusts to pay victims.
Statute of Limitations
A statute of limitations is a law which sets the maximum period of time for someone to bring a lawsuit or to take legal action. This limit varies by state and type of case. In most personal injury cases the statute of limitation begins to run at the point that the injury or accident occurs. Asbestos victims differ in that they might not be aware of a serious disease like mesothelioma until years after exposure. This is why it's so important to contact a mesothelioma attorney as soon as possible after a diagnosis.
A qualified mesothelioma attorney will be able to determine the specifics of a victim's situation and ensure that their legal rights are secured. After the mesothelioma attorney is convinced they have a solid case and is confident that they have a strong case, they can file a claim for compensation. This could be an injury lawsuit for personal injuries or wrongful death lawsuit, or an asbestos trust fund claim.
Asbestos victims need to be aware of the deadlines and the locations where they can file their claims. Even if victims fail to meet a deadline a mesothelioma attorney might be able to assist them find alternative options for compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is important to remember that mesothelioma lawsuits can go through multiple stages prior to a settlement or a trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos companies and products responsible. It could take months or even years to complete.
The attorneys then need to gather evidence, including medical records, employment history, and product identification. The attorneys will also need to calculate damages. This includes future medical expenses and income loss, emotional distress, and loss companionship. The lawyer will then determine the best strategy for achieving the maximum amount of compensation for their client.
Settlement amounts for mesothelioma are usually kept secret due to confidentiality agreements. However, some figures appear on the public at times in time. In 2018 the family received a settlement of $630,000 from several defendants in connection with the death of a Redding mechanic due to asbestos-related lung cancer. This was the second settlement for this family after a previous payout in 2017. While these figures aren't representative of the mesothelioma payout, they illustrate the significant value that patients can get from their claims.
Filing a Claim
Mesothelioma is a debilitating illness that is complex and requires expensive treatment, can leave families in financial distress. Compensation from asbestos lawsuits allows patients to pay for life-extending medical expenses and provide for their loved ones. It also helps with funeral costs and other expenses.
Each case is unique and many factors can affect the potential value of an claim. During a free mesothelioma case review, an experienced lawyer will evaluate how asbestos exposure affected your health and will determine the best way to pursue compensation on your behalf.
A mesothelioma lawyer can submit a claim for financial compensation with the responsible party, which may include a multi-national company or an insurance company that has assumed the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist in completing the paperwork and making sure it is filed within the deadline in order to be in compliance with the law of the state.
The statute of limitations for each state sets a different date by which mesothelioma sufferers have to take legal action. You should consult a mesothelioma attorney as soon as you can because the time limit will expire and you will not be able to recover compensation for your illness.
The process of bringing a mesothelioma case can take between two and four years. A multi-disciplinary legal team will help you at every step that includes gathering medical records, interviewing witnesses conducting research, and preparing for the trial.
The majority of asbestos cases settle before trial. However, if you're not satisfied with the amount of settlement the lawyer will not hesitate to take the case to trial on behalf of you.
Mesothelioma compensation typically covers future and past funeral expenses, medical expenses as well as lost wages, loss of companionship and other costs associated with the disease. Veterans suffering from mesothelioma or other asbestos-related illnesses, should be eligible for VA benefits to help pay for treatment and medical expenses.
If you're a veteran diagnosed with mesothelioma or other cancers, contact a mesothelioma lawyer in the United States for a no-cost consultation. A team of mesothelioma lawyers will determine if your mesothelioma case can be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both of them can assist with the costs associated with treating mesothelioma as well as addressing other issues like loss of income and loss of life.
In a settlement that is negotiated an asbestos producer agrees to pay a victim the amount they have agreed to. This is reached through negotiations between the victim's lawyer and the asbestos company responsible for their exposure.
A mesothelioma attorney will examine your background and asbestos exposure to determine who the defendants in your case are. One or more companies could be the defendants when they manufactured or sold asbestos-containing products on your worksite. 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.
Most asbestos cases are settled through trust funds, as many asbestos manufacturers went bankrupt after being hit by lawsuits. Trusts have more than $30 billion to help mesothelioma lawsuit 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 higher a jury verdict, the more money the victim will receive. In the trial phase mesothelioma lawyers provide evidence, such as medical records, employment history, expert testimony and other documents to prove their client's case.
Despite exposure to asbestos, those affected can still pursue justice by filing mesothelioma claims. They can make negligent asbestos companies accountable for the exposure of their loved ones to this disease that is preventable and provide them with compensation to cover medical expenses and lost wages.
Mesothelioma is a painful, life-threatening condition that isn't always cureable. The compensation from a successful mesothelioma suit will bring closure to victims' families and provide them with the financial support they need to live their lives as full as they can.
The seriousness and death of mesothelioma require patients to act promptly. Finding a law firm which has proven success in pursuing mesothelioma cases is crucial. Ask your family members, doctor, or other sources to recommend lawyers in your area.
Trials
Many victims of asbestos-related illnesses receive compensation via settlements. However some cases are eventually taken to trial. A trial can last several years and a jury has to decide on the amount of compensation. A judge could decide to accelerate the process in cases where the victim is in a very serious situation. Trials are often more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure during a mesothelioma case. They will also identify companies and manufactures that are responsible for the asbestos exposure. Mesothelioma lawyers will seek damages for the victim and their family. These damages include punitive and compensatory damages. They also seek compensation for the loss of income and enjoyment of life.
Most victims and their families prefer to settle their claims rather than go to trial. Settlements are less stressful than trials and enable victims to receive their payouts earlier. However, an experienced mesothelioma lawyer will plan for a trial, if needed, to maximize the amount of compensation their client receives.
Compensation for mesothelioma can help victims cover their medical expenses, lost income, and other expenses that are attributed to the disease. In some instances, compensation can be used to pay for funeral expenses. A lawyer can determine the victim's entitlement to damages by reviewing his or her mesothelioma-related diagnoses as well as employment and military histories and family history. They can also examine asbestos trust funds to determine if manufacturers or employers have compensated victims.
The legal team representing asbestos victims may also look into pursuing benefits from the Department of Veterans Affairs. This will allow veterans access to the best mesothelioma doctors in the world and additional financial assistance. The VA will not restrict the right of a veteran to sue asbestos companies which caused their exposure, and mesothelioma.
In most mesothelioma cases defendants do not want an extensive court trial. They are afraid of the potential verdict amount, particularly if a case is involving punitive damages. In addition, the long history of verdicts against asbestos companies will make it difficult for them to deny the liability in court.