How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related disease and you are eligible, you could be able to make an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding the options available to you and help start the process.
In a mesothelioma-related case the defendants are asbestos exposure companies. These companies could not exist anymore, but they could have established trusts to compensate victims.
Statute of Limitations
A statute of limitations is a law that defines the maximum amount of time one has to legally take legal action and make a claim. The time limit is different for each state and type of case. In most personal injury cases, the statute of limitations clock starts ticking at the date of the incident or injury. However, asbestos victims are unique in that many do not realize they have mesothelioma or another serious illness until years after exposure to the dangerous substance. This is why it's important to contact a mesothelioma attorney immediately following a diagnosis.
A qualified mesothelioma attorney will be able to determine the specifics of a patient's case and ensure their rights are secured. After the mesothelioma attorney is convinced they have a solid case, they can file the proper claim for compensation. This could be an injury lawsuit for personal injuries, wrongful death suit or an asbestos trust fund claim.
Asbestos victims must be aware of their filing dates and filing locations. Even if victims miss a deadline a mesothelioma attorney might be able to assist them explore alternative avenues of compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is also crucial to remember that mesothelioma lawsuits can go through a variety of stages before reaching a settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos-related companies and products that are accountable. This process can take months or even years.
The attorneys then need to gather evidence including medical records, employment history and product identification. The attorneys must also determine damages, which can include future medical expenses and lost income, as well as emotional distress, and loss of companionship. The lawyer will determine the best method to maximize the amount of compensation they can offer their client.
Settlement amounts for mesothelioma are often kept private because of confidentiality agreements. However, some figures get public from time to time. In 2018 the family received $630,000 from multiple defendants for the death of a Redding mechanic who died of asbestos-related lung cancer. This was the second settlement for this family following a settlement in 2017. Although these figures aren't indicative of the overall mesothelioma average however, they show the substantial benefit that victims can derive from their claims.
How to File a Claim
Mesothelioma is a complicated terminal disease that requires costly treatments and frequently puts families under financial stress. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical expenses and provide for their loved family members. It also helps cover funeral costs and other expenses.
Each case is unique, and there are numerous aspects that can impact the value of a claim. When you receive a no-cost review of your mesothelioma case, an experienced lawyer will determine your asbestos exposure and the most effective way to pursue compensation for you.
A mesothelioma lawyer will file an action for financial compensation with the responsible party, which may include a multi-national firm or an insurance company that has taken on liability from a bankrupt asbestos manufacturer. The attorney will help you complete the required paperwork and ensure that it is timely filed to ensure compliance with the state's laws.
The statutes of limitation in each state set a different timeline within which mesothelioma victims must pursue legal actions. You should consult a mesothelioma attorney as soon as you can, since the statute of limitations will run out and you'll be unable to claim compensation for your illness.
The process of filing a mesothelioma suit can take between two and four years. A multi-disciplinary legal team will aid you in every step of the process that includes gathering medical records, interviewing witnesses as well as conducting research and preparing for the trial.
Most asbestos cases reach an agreement prior to going to trial. However, if you are not satisfied with the settlement amount the lawyer will not be afraid to go to trial on behalf of you.
Compensation for mesothelioma typically covers future and past medical expenses, funeral expenses and lost wages, as well as loss of companionship, and other losses associated with the disease. In addition veterans who are diagnosed with mesothelioma or another asbestos-related disease should apply for benefits through the VA to help pay for their treatment and care.
Contact a national law firm that specializes in mesothelioma for a free consultation. A team of mesothelioma lawyers will determine if your mesothelioma case could be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims can receive compensation through settlements or verdicts negotiated by the victim. Both of these can help pay for the costs of treating mesothelioma and address other issues, such as loss of income or the quality of life.
In a negotiated settlement the asbestos manufacturer agrees to pay a victim an amount that is negotiated. This is reached through discussions between the victim's lawyer and the asbestos company accountable for their exposure.
A mesothelioma lawyer with experience will go through your job background and asbestos exposure to determine the defendants in your case. The defendants could be any of the companies that sold or made asbestos-containing products at your work site. These companies were often aware of the dangers of exposing workers to asbestos, but did not warn them of the dangers until their deaths from the disease.
Because many of the asbestos manufacturers went bankrupt due to the flood of lawsuits, the majority of asbestos cases now settle through trust funds. These trusts have over $30 billion in funds to help mesothelioma patients. The victim's mesothelioma attorney can assist them in determining which trust fund to file a claim with.
The median mesothelioma settlement ranges from $1 million to $2 million. The more money a victim will receive, the greater the verdict of the jury. During the trial, mesothelioma attorneys will provide evidence, such as medical records, employment history and expert witness testimony and other documentation, to prove their clients their case.
Despite exposure to asbestos, those affected can still get justice through filing mesothelioma lawsuits. They are able to hold negligent asbestos companies accountable for exposing their loved ones to this avoidable illness and offer 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 cureable. The compensation from a mesothelioma lawsuit can bring closure to victims families and 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 must act swiftly. It is crucial to locate an attorney firm that has experience of successfully seeking mesothelioma compensation claims. Consult with relatives who have been diagnosed with the disease, your physician or other sources for recommendations on attorneys in your area.
Trials
Many asbestos-related illnesses sufferers receive compensation through settlements. Certain cases end up in the courtroom. A trial can last several years, and a jury must decide on the amount of compensation. If the victim is seriously sick, a judge might choose to accelerate the process. Trials are usually more expensive than settlements.
Attorneys will collect evidence to prove asbestos exposure in mesothelioma cases. They will also identify the manufacturers and companies responsible for that exposure. Mesothelioma attorneys will seek damages for the victim as well as their family. These damages include compensatory and punitive damages. They also seek compensation for the loss of income and enjoyment of life.
Most victims and their family members prefer to settle than to go to trial. Settlements are generally less stressful than trials and can let the victim access their compensation much sooner. However, a knowledgeable mesothelioma lawyer will plan for a trial if required to maximize their client's compensation.
The compensation from a mesothelioma lawsuit can assist victims in paying their medical expenses, lost wages and other expenses that are attributed to the disease. In some instances, it could even cover funeral expenses. A lawyer can determine a victim's eligibility for compensation by looking over their mesothelioma diagnosis, their military and employment history, and their family history. They can also review asbestos trust funds for compensation from manufacturers and employers.
An asbestos victim's legal team will also think about 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. However, seeking benefits from the VA doesn't limit the right of a veteran 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 afraid of the potential verdict particularly if the trial involves punitive damages. The long record of verdicts involving asbestos-related companies makes it hard for them deny liability during trial.