How to File an Asbestos Lawsuit
You may be able make a claim if you or someone you love has been diagnosed with a condition connected to asbestos. 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 are usually are no longer in existence, but they may have set up trusts to pay victims.
Statute of limitations
A statute of limitations is a law that defines the time limit for when someone is required to take legal action and make a claim. The time limit is different for each state and also the type of case. In most personal injury cases the statute of limitation begins to run when the injury or accident occurs. Asbestos victims differ in that they may not be aware of a serious disease like mesothelioma until years after exposure. This is why it's so important to get in touch with a mesothelioma attorney as soon as you can after an announcement of diagnosis.
A qualified mesothelioma attorney can determine all specifics of a patient's case and ensure that their 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 a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.
Asbestos victims must be aware of the deadlines and places where they can file claims. Even if they miss a deadline a mesothelioma attorney may be able help clients explore other avenues for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.
It is crucial to keep in mind that mesothelioma lawsuits can go through multiple stages prior to a settlement or a trial. During the 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 must then gather evidence including medical records, employment history and the identification of the product. The attorneys also need to calculate damages, which could include future medical expenses and lost income, as well as emotional distress, and loss of companionship. The lawyer will determine the best strategy to maximize the compensation of their client.
Confidentiality agreements often keep the exact amount of mesothelioma compensation from being disclosed. However, occasionally certain numbers are released. For instance, in the year 2018 the family of a Redding mechanic who passed away from lung cancer caused by asbestos received an amount of $630,000 from multiple defendants. This was the second settlement for this family following a payout in 2017. These figures do not represent the amount of settlement that is typical for mesothelioma. However, they do illustrate the value of what patients receive.
Filing a Claim
Mesothelioma, a terminal illness that is difficult to treat and requires costly treatment can put families in financial distress. The compensation from an asbestos lawsuit can be used to pay for medical expenses that prolong life and provide support for loved ones. It also helps pay for funeral costs and expenses.
Each case is different and there are many factors that can impact the value of a claim. When you receive a no-cost review of your mesothelioma case, an experienced lawyer will assess your asbestos exposure and the best method of pursuing compensation for you.
A mesothelioma lawyer will submit an action for financial compensation with the responsible party which could be a multinational company or an insurance company that has assumed liability from a bankrupt asbestos manufacturer. The lawyer will assist you to complete the required documents and ensure that they are timely filed to ensure compliance with the state's laws.
The statutes of limitations for each state set a different timeline within which mesothelioma sufferers must take legal action. It is important to consult a mesothelioma attorney as soon as you can, since the statute of limitations will run out 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 finish. A multi-disciplined team of lawyers will be there to assist you through every step of the way, from collecting and analyzing medical data as well as interviewing witnesses conducting research, and making preparations for trial.
Most asbestos cases settle before trial. If you aren't satisfied with the settlement amount your lawyer will not hesitate to take your case to trial.
Mesothelioma compensation usually will cover future and past funeral expenses, medical expenses and lost wages, as well as loss of companionship and other expenses related to the disease. Veterans suffering from mesothelioma, as well as other asbestos-related illnesses, should also apply for VA benefits to pay for treatment and healthcare.
Contact a law firm in the United States that specializes in mesothelioma law for an initial consultation for no cost. A team of mesothelioma attorneys will determine if your mesothelioma claim can be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos-related victims can be compensated via negotiated settlements or verdicts. Both can help with the expenses of treating mesothelioma, as well being able to address other issues, such as loss of income and quality of life.
In a settlement negotiated the asbestos manufacturer will compensate a victim with the amount they have agreed to. This is reached through negotiations between the victim's lawyer and the asbestos manufacturer responsible for their exposure.
A mesothelioma lawyer will review your work history and asbestos exposure to determine who the defendants in your case are. One or more companies could be the defendants if they sold or manufactured asbestos-containing products at your workplace. These companies were often aware of the dangers of exposing workers to asbestos but did not warn workers of the dangers until after their deaths from asbestos-related diseases.
Since a lot of asbestos producers went bankrupt after being flooded with lawsuits, most asbestos cases are settled through trust funds. Trusts are able to hold more than $30 billion to help mesothelioma sufferers. The victim's mesothelioma attorney (here.) 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 the victim will receive. During the trial, mesothelioma attorneys will provide evidence, including medical records and employment histories as well as expert witness testimony and other evidence, to prove their clients claim.
Despite exposure to asbestos, those affected can still seek justice by filing mesothelioma claims. They are able to hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and provide compensation to cover medical expenses and lost wage.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always cureable. The compensation from a mesothelioma lawyers lawsuit can bring closure to victims' families, and ensure that they receive the financial support needed to live as fully as they can.
Because mesothelioma is a serious and fatal, those who suffer must act quickly. Finding a law firm that has a successful track record in the pursuit of mesothelioma cases is crucial. Check with relatives who have been diagnosed with the disease, your doctor or other sources for recommendations of attorneys in your region.
Trials
Many sufferers of asbestos-related illnesses receive compensation through settlements. Some cases do end up in the courtroom. A trial can last several years and the jury has to determine the amount of compensation. A judge can decide to speed up the process if the victim is in a extremely serious condition. Trials can be more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure during a mesothelioma case. 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 can include punitive and compensatory damages. They will also seek to recover compensation for the loss of income and enjoyment of life.
The majority of victims and their family members prefer to settle than to go to trial. Settlements are usually less stressful than a trial and can let the victim access their compensation earlier. However, an experienced mesothelioma attorney will prepare for a trial if required to maximize their client's recovery.
Compensation from a mesothelioma case can assist victims in paying their medical bills, lost wages and other expenses that are attributed to the disease. In some cases, compensation may cover funeral expenses. A lawyer can determine if the victim's eligibility to receive damages by reviewing his or her mesothelioma-related diagnoses as well as employment and military histories and family histories. They can also look into asbestos trust funds to see if manufacturers or employers have compensated victims.
An asbestos victim's legal team will also think about pursuing benefits from the Department of Veterans Affairs. Veterans have access to the top mesothelioma specialists in the world, as well as additional financial support. The VA will not restrict the rights of a veteran to sue asbestos-related companies which caused their exposure, and mesothelioma.
In most mesothelioma cases defendants aren't looking forward to an extensive court trial. They are scared of the potential verdict amount especially if the case involves punitive damages. The long history of verdicts against asbestos-related companies makes it difficult to prove their liability in trial.