How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related illness you might be able to make an asbestos lawsuit. A mesothelioma lawyer who is experienced can help you understand your options and help you start the process.
The defendants in a mesothelioma lawsuit are the companies who exposed you to asbestos. These companies might 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 allowed for a person to bring a lawsuit or to take legal action. The time limit is different for each state and also the type of case. In most personal injury cases the statute of limitation clock begins to tick at the time of the incident 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 a long time after exposure to the deadly substance. This is why it's important to speak with mesothelioma lawyers immediately following an announcement of diagnosis.
A qualified mesothelioma lawyer will be able to determine the specifics of a victim's situation and ensure that their rights are protected. Once the mesothelioma lawyer is convinced they have a solid case and is confident that they have a strong case, they can file a claim for compensation. It could be a personal injuries lawsuit, wrongful deaths suit or asbestos trust fund claim.
Asbestos victims should be aware of their filing locations and deadlines. Even when they do not meet an important deadline, a mesothelioma lawyer may be able to help victims explore other avenues for compensation. This could include filing additional lawsuits and submitting claims against the asbestos trust fund.
It is also important to remember that a mesothelioma lawsuit 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-related companies and products responsible. It 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. Attorneys will also need to calculate damages. This includes future medical expenses, loss of income, emotional distress, and loss companionship. The lawyer will then decide the best way to achieve the most compensation for their client.
Confidentiality agreements typically prevent the exact amount of mesothelioma-related compensation from being disclosed. However, occasionally certain numbers are released. In 2018, the family received $630,000 from several defendants in connection with the death of an Redding mechanic who died of asbestos-related lung cancer. This was the second settlement for this family following a settlement in 2017. While these figures aren't representative of the average mesothelioma settlement amount but they do show the huge value that patients can get from their claims.
Making a Claim
Mesothelioma is a fatal illness that is difficult to treat and requires expensive treatment, can cause families to be in financial trouble. Compensation from asbestos lawsuits allows patients to pay for life-long medical bills and support their loved ones. It also helps pay funeral costs and other expenses.
Each case is unique and many factors can affect the value of a claim. During a free review of your mesothelioma lawsuit, an expert lawyer will evaluate your asbestos exposure and the most effective method to pursue compensation for you.
A mesothelioma lawyer can make a claim with the responsible party for financial compensation. This could be a multinational company or an insurance company that has taken over the responsibility of a bankrupt manufacturer of asbestos. The attorney will assist you in completing the paperwork and ensure that it is filed by the deadline in order to be in compliance with the law of the state.
Each state's statute of limitation sets a different time frame within which mesothelioma patients must file legal actions. It is essential to speak with a mesothelioma lawyer as soon as possible because once the statute of limitations passes the victim will not be able to recover any compensation for your illness.
The mesothelioma lawsuit process usually takes between two and four years from start to the end. A multi-disciplined legal team will aid you in every step of the process in the process, from collecting medical records, interviewing witness as well as conducting research and preparing for the trial.
The majority of asbestos cases settle before trial. If you're not satisfied with the amount of settlement, your lawyer will not hesitate in taking your case to trial.
Mesothelioma compensation typically covers past and future funeral expenses, medical expenses, lost wages, loss of companionship, and other costs associated with the disease. Veterans suffering from mesothelioma or other asbestos-related illnesses, should also apply for VA benefits to pay for treatment and medical expenses.
If you're a veteran diagnosed with mesothelioma or other cancers, contact mesothelioma lawyers from across the country for a no-cost consultation. A team of mesothelioma attorneys will determine if your mesothelioma case can be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims may 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 and quality of life.
In a settlement that is negotiated, a manufacturer of asbestos will pay the victim a certain amount. Negotiations are carried out between the attorney of the victim and the asbestos company responsible for the victim's exposure.
A knowledgeable mesothelioma lawyer will examine your employment history and asbestos product 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 work site. These companies exposed workers to asbestos in a way they knew about and did not inform workers of the dangers until they passed away from the disease.
Because many of the asbestos manufacturers went bankrupt after they were inundated with lawsuits, the majority of asbestos cases now settle through trust funds. Trusts are able to hold more than $30 billion to help mesothelioma sufferers. The mesothelioma lawyer for the victim can assist them in determining which trust fund to file a claim with.
The average settlement for mesothelioma is between $1 million and $2 million. However, the higher a jury verdict, the greater amount the victim is likely to receive. During the trial, mesothelioma lawyers will provide evidence, such as medical records, employment history and expert testimony, as well as other documentation to prove their client's case.
A mesothelioma case is a legal action filed by those who have been exposed to asbestos. They are able to hold negligent asbestos companies accountable for exposing their loved relatives to this ailment and seek compensation to pay medical expenses and lost wages.
Mesothelioma is an incredibly painful, life-threatening illness that is not always curable. The financial compensation resulting from a mesothelioma lawsuit that is successful will bring closure to victims' families and ensure that they receive the financial help they require to live their lives as full as they can.
Because mesothelioma is so severe and deadly, the victims must act swiftly. Locating a law firm that has proven success in pursuing mesothelioma cases is crucial. Ask family members who have been diagnosed with the disease, your doctor or other sources for recommendations of lawyers in your area.
Trials
Many asbestos-related illness victims receive compensation through settlements. However some cases are eventually taken to trial. A trial could take a few years and requires jurors to decide on the amount of the award. If the victim is severely sick, a judge could decide to speed up the process. Trials are usually more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure in a mesothelioma case. They will also identify the companies and manufacturers that are responsible for the asbestos exposure. Mesothelioma lawyers will seek to recover damages for both the victim and their family members. These damages can include compensatory and punitive damages. In addition, they seek to recover compensation for the victim's loss of enjoyment in life and income loss.
The majority of victims and their families prefer to settle instead of go to trial. Settlements tend to be less stressful than trials and allow the victim to access their compensation earlier. A mesothelioma lawyer can prepare their client for trial, if needed, to maximize the compensation of their client.
The compensation from a mesothelioma lawsuit can help victims pay for their medical bills, lost wages, and other documented expenses associated with the disease. In certain instances, it could even cover funeral expenses. A lawyer can determine a victim's eligibility to claim damages by examining their mesothelioma diagnosis, their work and military history as well as their family history. They can also look into asbestos trust funds to determine whether employers or manufacturers have paid compensation.
The legal team representing asbestos victims may also look into seeking benefits from the Department of Veterans Affairs. Veterans have access to the most reputable mesothelioma specialists in the world, and also additional financial aid. However, seeking benefits from the VA does not limit the rights of veterans to file an action against the asbestos companies responsible for their exposure and mesothelioma.
In most mesothelioma cases, the defendants don't want an extensive court trial. They are scared of the possible verdict amount, especially if a trial includes punitive damages. The long record of verdicts involving asbestos-related companies makes it difficult to prove their liability in trial.