How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related condition, you may be eligible to bring an asbestos lawsuit. An experienced mesothelioma lawyer can assist you in understanding the options available to you and help begin the process.
In a mesothelioma case, 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 that defines the maximum period of time for someone to file a lawsuit or take legal action. This limit can vary by the state and the type of case. In most personal injury cases the statute of limitation clock starts ticking at the moment of the injury or accident. However, asbestos-related victims are different in that a lot of them do not realize they have mesothelioma or another serious illness until years after exposure to the toxic substance. It is essential to contact an attorney as soon following a diagnosis as possible.
A qualified mesothelioma lawyer can assess the details of a patient's case and make sure their legal rights are secured. Once the mesothelioma lawyer 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 need to be aware of deadlines and places where they can file their claims. Even if they miss a deadline, a mesothelioma lawyer might be able to assist clients explore other avenues for compensation. This could include additional lawsuit filing locations and asbestos trust fund claims.
It is also crucial to keep in mind that mesothelioma lawsuits may go through several stages before settling or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must determine asbestos-related companies and products that are responsible. This may take months or even years to complete.
The attorneys then need to gather evidence, including medical records, employment history and the identification of the product. Attorneys will also need to calculate damages. This includes future medical expenses, loss of income, emotional distress, and loss companionship. The attorney will determine the best way to maximize the compensation of their client.
Settlement amounts for mesothelioma are often kept secret due to confidentiality agreements. However, some figures become public from time to time. In 2018 the family received $630,000 from multiple defendants for the death of an Redding mechanic from asbestos-related lung cancer. This was the family's second settlement after the payout in 2017. While these figures aren't representative of the average mesothelioma settlement amount, they illustrate the significant benefit that victims can derive from their claims.
Filing a Claim
Mesothelioma is a nebulous terminal disease that requires expensive treatments and often puts families under financial strain. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and support their loved ones. It also helps pay funeral costs and other expenses.
However, every case is different, and there are a myriad of variables that could affect a claim's potential value. When you receive a no-cost review of your mesothelioma claim an experienced lawyer will assess your asbestos exposure and the best method to pursue compensation for you.
A mesothelioma lawyer will submit an action for financial compensation with the responsible party, which may include a multi-national firm or an insurance company who has assumed liability from a bankrupt asbestos manufacturer. The attorney will assist you complete the necessary paperwork and ensure that it is filed on time to comply with the state's laws.
The statutes of limitation in each state set a different timeline within which mesothelioma patients must take legal actions. It is important to seek out a mesothelioma lawyer as soon as you can, since the statute of limitations will run out and you will not be able to claim compensation for your illness.
The mesothelioma lawsuit process typically takes between two and four years from beginning to the end. A multi-disciplined legal team will help you through every step, including collecting medical records, interviewing witness conducting research, and preparing for the trial.
Most asbestos cases reach an agreement before going to trial. However, if you're not satisfied with the amount of settlement, your lawyer will not hesitate to take the case to trial on your behalf.
Compensation for mesothelioma typically covers past and future medical costs, funeral expenses, lost wages, loss companionship and other losses that are associated with the disease. Veterans suffering from mesothelioma or other asbestos-related diseases, should also apply for VA benefits to help pay for treatment and healthcare.
If you are a veteran diagnosed with mesothelioma, call a mesothelioma lawyer in the United States for a free legal consultation. A team of mesothelioma attorneys will determine if your mesothelioma lawsuit can be filed against companies who exposed you to asbestos during your military service.
Settlements
Asbestos victims can be compensated through settlements or verdicts negotiated by the victim. Both can help with the expenses of treating mesothelioma attorney, as as addressing other issues like loss of income and loss of life.
In a settlement by a manufacturer of asbestos, the company agrees to pay a victim a certain amount. This is reached through discussions between the victim's lawyer and the asbestos company accountable for their exposure.
A mesothelioma lawyer who is knowledgeable will examine your employment 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 workplace site. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until workers passed away from the disease.
Because many of the asbestos manufacturers went bankrupt after they were inundated with lawsuits, the majority of asbestos cases are now settled using trust funds. These trusts hold over $30 billion in funds to aid mesothelioma sufferers. The mesothelioma lawyer for the victim can assist them in determining which trust fund to file a claim with.
The mesothelioma settlement average is between $1 and $2 million. However, the larger a jury verdict, the greater amount a victim can expect to receive. During the trial, mesothelioma lawyers will present evidence, such as medical records and employment history and expert witness testimony and other evidence, to prove their clients claim.
Even after exposure to asbestos, victims can still pursue justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing their loved family members to this deadly disease and provide compensation to cover medical expenses and lost wage.
Mesothelioma can be an extremely painful, life-threatening condition that isn't always cureable. The financial compensation resulting from a mesothelioma lawsuit that is successful can bring closure to the victims' families and ensure that they receive the financial help they require to live their lives as completely as possible.
Since mesothelioma can be so serious and deadly, the patients must act swiftly. Locating a law firm that has a track record of success in pursuing mesothelioma-related cases is essential. Ask your family members, your doctor, or any other sources to recommend attorneys in your area.
Trials
Many asbestos-related illnesses sufferers receive settlements to compensate them. Some cases do end up in the courtroom. A trial can last for several years and the jury has to decide the amount of compensation. If the victim is seriously sick, a judge might choose to accelerate the process. Trials are often more expensive than settlements.
In a mesothelioma case, attorneys will compile evidence to prove asbestos exposure. They will also identify the manufacturers and companies responsible for the exposure. Mesothelioma lawyers will attempt to recover damages for the victim and their family members. 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 rather than go to trial. Settlements tend to be less stressful than trials and let the victim access their compensation earlier. A mesothelioma lawyer will prepare their client for a trial, if needed, to maximize the compensation of their client.
The money received from a mesothelioma cancer case can assist victims in paying their medical bills, lost wages and other documented expenses associated with the disease. In certain cases, it can even cover funeral costs. A lawyer can determine the victim's eligibility to receive damages by looking over the mesothelioma diagnosis as well as employment and military histories and family history. They can also look over asbestos trust funds for compensation from employers and manufacturers.
A legal team representing the asbestos victim will also consider pursuing benefits through the Department of Veterans Affairs. Veterans have access to the top mesothelioma specialists in the world, as well as additional financial support. However, seeking benefits from the VA does not restrict a veterans right to bring a lawsuit against the asbestos-related companies responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits, defendants will not want to see a case reach an entire trial. They are afraid of the possible verdict amount particularly if the trial is involving punitive damages. The long record of verdicts involving asbestos-related companies makes it difficult to prove their liability in trial.