How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related disease you might be able to bring an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding your options and assist you to begin the process.
In a mesothelioma lawsuit, the defendants are the asbestos-exposure companies. These companies could no longer exist but may have established trusts to compensate the victims.
Statute of Limitations
A statute of limitations is a law which sets the maximum period of time for a person to bring a lawsuit or to take legal action. The time limit varies by state and case type. For the majority of personal injury cases the statute of limitation clock starts ticking at the moment of the injury or accident. However, asbestos victims are unique in the sense that many don't realize they suffer from mesothelioma, a serious disease, until a long time after exposure to the deadly substance. This is why it's important to contact a mesothelioma attorney as soon as possible after a diagnosis.
A qualified mesothelioma attorney can determine all specifics of a victim'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 a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.
Asbestos victims must be aware of their filing locations and deadlines. Even if victims miss a deadline a mesothelioma attorney may be able help them find alternative options for compensation. This could include filing additional lawsuits and making claims against the asbestos trust fund.
It is important to remember that mesothelioma cases may go through several stages before a settlement or a trial. During the litigation, victims and their mesothelioma attorneys must identify asbestos-related companies and products responsible. This process could take months or years.
The attorneys should collect evidence, such as medical documents, employment and labor history as well as asbestos product identification. Attorneys will also need to determine the amount of damages. This includes future medical expenses, loss of income emotional distress, loss companionship. The lawyer will determine the best way to maximize compensation for their client.
Exact mesothelioma settlement amounts are often kept private due to confidentiality agreements. However, occasionally certain numbers are released. In 2018 the family received $630,000 from multiple defendants for the death of a Redding mechanic from asbestos-related lung carcinoma. This was the second settlement for this family after a previous payout in 2017. These figures don't represent the average settlement amount for mesothelioma, but they do show the value that victims receive.
Making a Claim
Mesothelioma, a terminal illness that is complex and requires expensive treatment, can put families in financial trouble. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical expenses and provide for their loved ones. It also helps pay funeral costs and other expenses.
Every case is unique and there are many factors that can impact the potential value of a claim. During a free review of your mesothelioma case, an expert lawyer will evaluate your asbestos exposure and the most effective way to pursue compensation for you.
A mesothelioma lawyer can make an action for financial compensation with the responsible party, which may include a multi-national company or an insurance company that has taken on the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist you in filling out the paperwork and making sure it is filed before the deadline set by the law of the state.
The statutes of limitation in each state set a different timeline within which mesothelioma victims have to take legal actions. It is important to consult a mesothelioma attorney as soon as you can, because the time limit will run out and you won't be able recover compensation for your condition.
The process of bringing a mesothelioma case can take between two and four year. A multi-disciplined legal team will aid you through every step that includes gathering medical records, interviewing witnesses conducting research, and preparing for the trial.
Most asbestos cases are settled with a settlement before going to 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, as well as other asbestos-related illnesses, should also apply for VA benefits to help pay for treatment and medical expenses.
Contact a law firm in the United States that specializes in mesothelioma for an initial consultation for no cost. A team of mesothelioma lawyers will determine if your mesothelioma claim can be filed against companies who exposed you to asbestos during your military service.
Settlements
Asbestos victims can receive compensation through negotiated settlements or verdicts. Both can help cover the costs of treating mesothelioma, and also address other issues such as loss of income or loss of life.
In a settlement negotiated, a manufacturer of asbestos agrees to pay a victim a certain amount. This is reached through discussions 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 defendants if they sold or manufactured asbestos-containing products on your worksite. These companies exposed workers to asbestos knowingly and did not warn of the dangers until workers passed away from the disease.
Most asbestos cases are now resolved through trust funds, since asbestos producers have gone bankrupt after being flooded by lawsuits. Trusts are able to hold more than $30 billion in funds to help mesothelioma sufferers. The victim's mesothelioma attorney can assist them in determining which trust fund to file a claim with.
The mesothelioma settlement average is between $1 and $2 million. The more money a victim can receive, the bigger the jury verdict. During the trial, mesothelioma lawyers will present evidence, such as medical records and employment histories and expert witness testimony and other documentation to support their clients their case.
Despite exposure to asbestos, those affected can still pursue justice by filing a mesothelioma lawsuit. They are able to hold negligent asbestos companies accountable for exposing loved family members to this deadly disease and seek compensation to pay medical expenses and lost wages.
Mesothelioma is an incredibly painful, life-threatening illness that is not always curable. Compensation from a mesothelioma case can bring closure to the victims families, and help ensure that they receive the financial aid needed to live as fully as they can.
Because mesothelioma is so severe and deadly, the victims need to act fast. Locating a law firm that has a successful track record in pursuing mesothelioma-related cases is essential. Check with family members who have been diagnosed with the disease, your doctor or other sources for recommendations on attorneys in your area.
Trials
Many people suffering from asbestos-related diseases receive compensation via an agreement. However certain cases end up going to trial. A trial can last several years and the jury has to decide the amount of compensation. A judge could decide to accelerate the process in cases where the victim is in very serious situation. Trials typically result in greater payouts than settlements.
Attorneys will gather evidence to prove asbestos exposure during a mesothelioma case. They will also determine the companies and manufactures that are responsible for the asbestos exposure. Mesothelioma attorneys will seek damages for the victim as well as their families. These damages include punitive and compensatory damages. They will also seek to recover compensation for the loss of income and enjoyment of life.
Most victims and their families prefer to settle instead of go to trial. Settlements are less stressful than trials and enable victims to receive their payouts earlier. A mesothelioma lawyer can prepare their client for trial if necessary to maximize the recovery of their client.
Compensation for mesothelioma may assist patients with medical expenses, lost income, and other documented expenses related to the disease. In some cases, it can even cover funeral costs. A lawyer can determine if a victim is eligible for damages by reviewing their mesothelioma diagnosis, their work and military history, and their family history. They can also examine asbestos trust funds to determine compensation from manufacturers and employers.
The legal team representing asbestos victims will also consider applying for benefits through the Department of Veterans Affairs. This can give veterans access to the best mesothelioma physicians around the world as well as financial support. The VA will not limit the right of a vet to sue asbestos companies which caused their exposure, and mesothelioma.
In the majority of mesothelioma lawsuits defendants will not want to see the case progress to a full-blown trial. They will be scared of the potential verdict amount, particularly if a case includes punitive damage. The long history of verdicts in favor of asbestos-related companies makes it hard to prove their liability in trial.