How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related illness you might be able to bring an asbestos lawsuit. A mesothelioma lawyer can assist you understand your options and start the process.
In a mesothelioma lawsuit the defendants are asbestos-exposure companies. These companies usually no longer exist however they may 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 take legal action and bring a lawsuit. This time frame can differ based on state and type of case. In most personal injury cases the statute of limitation clock begins to tick when the injury or accident occurs. However, asbestos victims are different in that a lot of them don't realize they suffer from mesothelioma, a serious disease, until years after exposure to the toxic substance. This is why it's important to get in touch with mesothelioma lawyers as soon as possible after the diagnosis.
A mesothelioma lawyer who is experienced can assess the details of a victim's situation and ensure that their rights are secured. If the lawyer is convinced that they have a solid case, they will make the appropriate compensation claim. This could be an injury lawsuit for personal injuries or wrongful death lawsuit, or an asbestos trust fund claim.
Asbestos sufferers must be aware of the deadlines and locations where they can file their claims. Even if victims fail to meet a deadline a mesothelioma attorney might be able to assist clients explore other avenues for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.
It is also important to keep in mind that a mesothelioma lawsuit can go through many stages before settling or trial. During the litigation, plaintiffs and their mesothelioma lawyers must determine asbestos-related companies and products that are responsible. This process could be a long and lengthy process that can take months or years.
The attorneys then need to gather evidence, including medical records, employment history and product identification. 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 attorney will decide on the best way to maximize compensation for their client.
Confidentiality agreements typically prevent the exact amount of mesothelioma-related compensation from being disclosed. However, some figures get public from time to time. In 2018 the family received $630,000 from several defendants in connection with the death of a Redding mechanic from asbestos-related lung cancer. This was their second settlement after a payout in 2017. These figures don't represent the amount of settlement that is typical for mesothelioma. However they do demonstrate the value of what patients receive.
How to File a Claim
Mesothelioma is a debilitating illness that is difficult to treat and requires costly treatment can leave families in financial trouble. The compensation from asbestos lawsuits allows patients to pay for life-extending medical bills and also support their loved family members. It also helps pay for funeral costs and other expenses.
Each case is unique, and there are numerous factors that may affect a claim's potential value. In a free evaluation of your mesothelioma lawsuit an expert lawyer will evaluate your asbestos exposure and the most effective way to pursue compensation for you.
A mesothelioma attorney will submit a claim for financial compensation with the responsible party which could be a multinational corporation 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 it is filed on time to comply with the state's laws.
The statute of limitations for each state sets a different deadline within which mesothelioma patients must take legal action. It is recommended that you seek out a mesothelioma lawyer as early as you can, since the statute of limitations will run out and you will not be able to get compensation for your condition.
The process of submitting a mesothelioma lawsuit can take between two and four year. A multi-disciplinary legal team will aid you in every step of the process in the process, from collecting medical records, interviewing witnesses as well as conducting research and preparing for trial.
Most asbestos cases are settled with a settlement before going to trial. If you aren't satisfied with the amount of settlement, your lawyer will not hesitate in taking your case to trial.
Mesothelioma compensation usually will cover future and past medical expenses, funeral costs as well as lost wages, loss of companionship and other losses related to the disease. In addition, veterans diagnosed with mesothelioma or another asbestos-related illness should apply for benefits through the VA to pay for their treatment and healthcare.
If you are a veteran diagnosed with mesothelioma or other cancers, contact mesothelioma lawyers from across the country for a free legal consultation. A team of mesothelioma experts will determine if you're qualified to file a mesothelioma claim 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 help cover the cost of treating mesothelioma as well as other issues like loss of income or the quality of life.
In a settlement negotiated by a manufacturer of asbestos, the company will pay a victim a certain amount of money. This is reached through negotiations between the lawyer of the victim and the asbestos company accountable for their exposure.
A mesothelioma lawyer with experience will go through your job background and asbestos exposure to identify the defendants in your case. One or more companies could be defendants if they sold or manufactured asbestos-containing products on your site. These companies exposed workers to asbestos in a way they knew about and failed to warn workers of the dangers until they died from the disease.
Because many of the asbestos producers went bankrupt due to the flood of lawsuits, most asbestos cases now settle through trust funds. Trusts are able to hold more than $30 billion in funds that can help mesothelioma lawsuits patients. The victim's attorney can assist them in determining which trust fund to make a claim with.
The median mesothelioma settlement ranges from $1 million to $2 million. The higher the jury verdict, the more money the victim will receive. During the trial, mesothelioma lawyers will present evidence like medical records, employment history as well as expert testimony and other evidence to support 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 family members to this deadly disease and seek compensation to pay the cost of medical treatment and lost wages.
Mesothelioma can be an extremely painful, life-threatening condition that isn't always cureable. The compensation from a mesothelioma lawsuit that is successful can bring closure to victims' families and ensure they get the financial assistance they require to live their lives as full as they can.
Because mesothelioma is so severe and deadly, the victims must act quickly. Finding a law firm which has proven success in pursuing mesothelioma cases is crucial. Check with relatives who have been diagnosed with the disease, your physician or other sources for recommendations on lawyers in your area.
Trials
Many people suffering from asbestos-related diseases receive compensation via a settlement. However certain cases will go to trial. A trial could take a few years and requires jurors to decide on the award amount. A judge may decide to speed up the process if the victim is in very serious condition. Trials are often more expensive than settlements.
Attorneys will collect evidence to prove asbestos exposure in a mesothelioma case. They will identify the companies and manufacturers responsible for that exposure. Mesothelioma lawyers will seek to recover damages for the victim and their family. These damages include punitive as well as compensatory damages. They also seek compensation for the victim’s lost income and enjoyment of life.
The majority of victims and their families prefer to settle rather than going to trial. Settlements are less stressful than trials and allow victims to receive their money faster. However, a seasoned mesothelioma attorney will prepare for a trial if necessary to maximize their client's recovery.
Compensation for mesothelioma can help victims cover their medical bills, lost income and other expenses that are related to the disease. In some instances, it could even cover funeral costs. A lawyer can determine whether a victim is eligible for damages by reviewing their mesothelioma diagnosis, employment and military histories as well as their family history. They can also examine asbestos trust funds to see if manufacturers or employers have compensated victims.
The legal team representing asbestos victims may also look into seeking benefits from the Department of Veterans Affairs. Veterans have access to the top mesothelioma specialists around the world, and also additional financial support. The VA will not restrict the right of a vet to sue the asbestos companies that caused their exposure and mesothelioma.
In the majority of mesothelioma cases the defendants don't want a full-blown court trial. They will be scared of the potential verdict amount, particularly if a case is involving punitive damages. The long record of verdicts in favor of asbestos-related companies makes it hard to prove their liability in trial.