How to File an Asbestos Lawsuit
You may be able file a lawsuit when you or someone you love has been diagnosed with a condition related to asbestos. A mesothelioma lawyer can assist you determine your options and begin the process.
In a mesothelioma lawsuit, the defendants are the asbestos exposure companies. These companies often have gone out of business, but they may have established trusts to pay victims.
Statute of Limitations
A statute of limitations is a law which sets the maximum time limit for a person to file a lawsuit or take legal action. The duration of this limitation varies according to the state and type of case. In the majority of personal injury cases, the statute of limitations begins to run at the time the accident or injury occurs. However, asbestos victims are unique in the sense that many don't know they have mesothelioma or another serious illness until a long time after exposure to the dangerous substance. It's important to contact an attorney as soon following a diagnosis as possible.
A mesothelioma lawyer who is experienced can assess the details of a patient's case and ensure their legal rights are secured. When the mesothelioma lawyer has become certain they have a valid case they can file the appropriate claim for compensation. This could be a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.
Asbestos victims should be aware of their filing locations and deadlines. Even if victims miss a deadline a mesothelioma attorney may be able help them explore alternative avenues of compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is also important to keep in mind that a mesothelioma case can go through many stages before reaching a settlement or trial. In the course of litigation, the victims and their mesothelioma attorneys must identify asbestos companies and products responsible. This process can take months or years.
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 as well as loss of income emotional distress, loss of companionship. The lawyer will then decide the best way to achieve the highest amount of compensation for their client.
Confidentiality agreements often keep the exact amount of mesothelioma compensation from being disclosed. Sometimes, however certain numbers are made public. In 2018 the family received a settlement of $630,000 from several defendants in connection with the death of a Redding mechanic who died of asbestos-related lung cancer. This was the family's second settlement after the payout in 2017. While these numbers aren't representative of the mesothelioma payout but they do show the huge benefit that victims can derive from their claims.
How to File a Claim
Mesothelioma is a fatal disease that is complicated and requires costly treatment, can leave families in financial straits. 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.
Each case is different and many factors can affect the value of a claim. In a free evaluation of your mesothelioma lawsuit, an experienced lawyer will determine your asbestos exposure and the most effective method to pursue compensation for you.
A mesothelioma lawyer may submit a claim to the responsible party to receive financial compensation. This could be a multinational company or an insurer who has assumed the responsibility of a bankrupt manufacturer of asbestos. The lawyer will assist you in completing the paperwork and making sure it is filed by the deadline to comply with state law.
Each state's statute of limitation provides a distinct deadline within which mesothelioma patients must file legal actions. It is crucial to consult with an attorney for mesothelioma as quickly as you can, because if the statute of limitations expires and you are no longer legally entitled to any compensation for your illness.
The mesothelioma lawsuit process usually takes between two and four years from start to finish. A multi-disciplinary team of lawyers will be there to assist you throughout the way, such as collecting and analyzing medical records as well as interviewing witnesses conducting research, and preparing for trial.
Most asbestos cases settle before trial. However, if you are not satisfied with the settlement amount your lawyer will not hesitate to take the case to trial on your behalf.
Mesothelioma compensation usually covers future and past funeral expenses, medical expenses and lost wages, as well as loss of companionship, and other expenses related to the disease. Veterans with mesothelioma, or other asbestos-related illnesses, should also apply for VA benefits to help pay for treatment and healthcare.
Contact a national law firm that specializes in mesothelioma law for a free consultation. A dedicated team of mesothelioma lawyers will determine if your eligible to file a mesothelioma claim against the companies that exposed you to asbestos during your time in the military.
Settlements
Asbestos-related victims can be compensated via negotiated settlements or verdicts. Both can assist in covering the cost of treating mesothelioma and address other issues like loss of income or the quality of life.
In a negotiated settlement the asbestos manufacturer will compensate the victim with an amount that is negotiated. This is reached through negotiations between the victim's lawyer and the asbestos company responsible for their exposure.
A mesothelioma lawyer will review your background and asbestos exposure to determine who the defendants are in your case. The defendants could be any of the companies that manufactured or sold asbestos-containing products at your workplace site. These companies often knowingly exposed workers to asbestos and did not warn them of the dangers until after their deaths due to the disease.
Since many asbestos producers went under after being flooded with lawsuits, the majority of asbestos cases now settle through trust funds. Trusts have more than $30 billion to help mesothelioma sufferers. Lawyers for the victim can help them determine which trust fund to submit their claim to.
The median mesothelioma settlement ranges from $1 million to $2 million. The more money a victim will receive, the more substantial the verdict by the jury. In the trial phase mesothelioma lawyers present evidence such as medical records, employment history, expert testimony and other documents to prove their client's case.
A mesothelioma case can be filed by victims who have been exposed to asbestos. They are able to hold negligent asbestos companies accountable for exposing loved relatives to this ailment and seek compensation to pay the cost of medical treatment and lost wages.
Mesothelioma can be a life-threatening, painful condition that isn't always curable. The compensation from a mesothelioma lawsuit that is successful can bring closure to families of the victims and provide them with the financial assistance they require to live their lives as completely as they can.
Since mesothelioma can be so serious and fatal, those who suffer must act quickly. It is essential to find an attorney firm that has an established track record of success in seeking mesothelioma compensation claims. Consult with relatives who have been diagnosed with the disease, your physician or other sources for recommendations of lawyers in your area.
Trials
Many asbestos-related illnesses sufferers receive settlements to compensate them. Some cases do end up in court. The trial could last for several years and a jury has to decide on the amount of compensation. If the victim is extremely sick, a judge might choose to accelerate the process. Trials usually result in higher payouts than settlements.
Attorneys will gather evidence to prove asbestos exposure during a mesothelioma case. They will also determine the companies and manufacturers responsible for asbestos exposure. Mesothelioma lawyers will seek damages for the victim and their family members. These damages include punitive as well as 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 rather than go to trial. Settlements are generally less stressful than trials and let the victim access their compensation much sooner. However, an experienced mesothelioma lawyer will plan for a trial, if needed, to maximize their client's compensation.
Compensation for mesothelioma can aid victims in paying their medical bills, lost income and other documented expenses related to the disease. In certain cases, compensation can cover funeral expenses. A lawyer can determine whether a victim is eligible for compensation by looking over their mesothelioma diagnose, their work and military history, and their family history. They can also review asbestos trust funds for compensation from manufacturers and employers.
A legal team representing the asbestos victim will also consider pursuing benefits through the Department of Veterans Affairs. Veterans will have access to the top mesothelioma experts in the world, and also additional financial support. However, seeking benefits from the VA does not limit a veterans right to file a lawsuit against the asbestos companies that are responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits the defendants do not want to see a case reach a full-blown trial. They are scared of the possible verdict amount, particularly if a case includes punitive damage. The long record of verdicts in favor of asbestos-related companies makes it hard to prove their liability in trial.