How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related disease and you are eligible, you could be able to make an asbestos lawsuit. 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 may no longer exist but may have established trusts to compensate victims.
Statute of limitations
A statute of limitations is a law that determines the maximum amount of time someone must pursue legal action and make a claim. The time limit varies by state and type of case. For the majority of personal injury cases, the statute of limitations clock begins to tick at the date of the accident or injury. However, asbestos victims are different in that a lot of them do not realize they have a serious illness like mesothelioma until years after their exposure to the deadly substance. This is why it's important to speak with a mesothelioma attorney as soon as you can after an announcement of diagnosis.
A mesothelioma lawyer who is experienced will be able to determine the specifics of a victim's situation and make sure their legal rights are secured. When the mesothelioma lawyer has become confident they have a strong case and is confident that they have a strong case, they can file the proper claim for compensation. This could be an injury lawsuit for personal injuries or wrongful death suit, or an asbestos trust fund claim.
Asbestos victims must be aware of their filing locations and deadlines. Even when they do not meet an important deadline, a mesothelioma lawyer may be able to help clients explore other avenues for compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is also crucial to keep in mind that a mesothelioma case may go through several stages before settling or trial. In the course of litigation, the victims and their mesothelioma attorneys must identify asbestos 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 histories and product identification. The attorneys will also need to determine the amount of damages. This includes future medical expenses as well as loss of income emotional distress, loss of companionship. The lawyer will then determine the best way to achieve the most compensation for their client.
The exact mesothelioma settlement amounts are usually kept secret because of confidentiality agreements. However, some figures become public from time to time. For instance, in the year 2018 the family of a Redding mechanic who died from lung cancer caused by asbestos was awarded an amount of $630,000 from several defendants. This was the family's second settlement following one in 2017. While these figures aren't representative of the mesothelioma average but they do show the huge value that patients can get from their claims.
Filing a Claim
Mesothelioma is a fatal illness that is complex and requires expensive treatment, can cause families to be in financial trouble. The compensation from an asbestos lawsuit could be used to pay medical bills that extend life and support loved relatives. It also helps pay for funeral costs and other expenses.
Each case is different and a variety of factors can impact the potential value of an claim. When you receive a no-cost review of your mesothelioma lawsuit, an experienced lawyer will determine your asbestos exposure and the best method of pursuing 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 who has assumed responsibility for a bankruptcy asbestos manufacturer. The lawyer will assist you to complete the necessary paperwork and ensure that it is filed on time to comply with the state's laws.
Each state's statute of limitation has a specific time frame within which mesothelioma patients must take legal action. It is essential to speak with a mesothelioma lawyer as soon as possible because once the statute of limitations expires, you will not be able to recover any compensation for your condition.
The process of bringing a mesothelioma case 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 gathering medical records, interviewing witness as well as conducting research and preparing for the trial.
Most asbestos cases settle prior to trial. If you are not happy with the amount of settlement, your lawyer will not hesitate to take your case to trial.
Mesothelioma compensation usually covers future and past funeral expenses, medical expenses, lost wages, loss of companionship, and other losses 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 medical expenses.
If you're a former soldier diagnosed with mesothelioma, contact mesothelioma lawyers from across the country for a free legal consultation. A dedicated team of mesothelioma attorneys will determine if you are eligible to file a mesothelioma suit against companies that exposed you to asbestos during your time in the military.
Settlements
Asbestos-related victims can be compensated through negotiated settlements or judgments. Both can help with the costs associated with treating mesothelioma, as well being able to address other issues, such as loss of income or quality of life.
In a negotiated settlement an asbestos producer 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 with experience will go through your job history and asbestos product exposure to identify the defendants in your case. One or more companies could be the defendants if they sold or manufactured asbestos-containing products on your worksite. These companies exposed workers to asbestos in a way they knew about and did not inform workers of the dangers until workers died from the disease.
Since a lot of asbestos manufacturers went bankrupt after they were inundated with lawsuits, most asbestos cases are now settled using trust funds. Trusts that have more than $30 billion in funds that can help mesothelioma sufferers. The victim's mesothelioma attorney can help them determine which trust fund to file a claim with.
The average settlement for mesothelioma is between $1 million and $2 million. The more money a victim will receive, the more substantial the verdict of the jury. During the trial mesothelioma lawyers present evidence such as medical records, employment histories, expert testimony and other documentation to prove their client's case.
Despite asbestos exposure, victims can still seek justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for the risk of exposing their loved ones this preventable illness and provide them with compensation to cover their medical expenses and lost earnings.
Mesothelioma is an extremely painful, life-threatening disease that isn't always curable. Compensation from a mesothelioma lawsuit that is successful will bring closure to victims' families and provide them with the financial support they need to live their lives as full as possible.
The seriousness and death of mesothelioma requires victims to act promptly. Finding a law firm that has proven success in pursuing mesothelioma cases is crucial. Check with family members who have been diagnosed with the disease, your doctor or other sources for recommendations of attorneys in your area.
Trials
Many asbestos-related disease victims receive settlements to compensate them. However certain cases end up going to trial. A trial can take several years and requires jurors to decide on the amount of the award. A judge could decide to accelerate the process in cases where the victim is in very serious situation. Trials often result in higher awards than settlements.
Attorneys will collect evidence to prove asbestos exposure in mesothelioma cases. They will identify the companies and manufacturers responsible for the exposure. Mesothelioma lawyers will try to recover damages for the victim and their families. These damages can include punitive and compensatory damages. They will also seek to recover compensation for the victim’s lost income and enjoyment of life.
The majority of victims and their families prefer to settle their claims rather than go to trial. Settlements are less stressful than trials and permit victims to receive their compensation sooner. A mesothelioma lawyer will prepare their client for trial, if necessary, to maximize the recovery of their client.
The compensation from a mesothelioma lawsuit can help patients pay for their medical bills, lost wages and other documented expenses associated with the disease. In some instances, compensation can be used to pay for funeral expenses. A lawyer can determine the victim's eligibility to be compensated by examining his or her mesothelioma-related diagnoses, military and employment histories, and family history. They can also examine asbestos trust funds to see if manufacturers or employers have compensated victims.
A legal team representing an asbestos victim may also look into pursuing benefits through the Department of Veterans Affairs. This can give veterans access to some of the best mesothelioma physicians around the world, as well as financial support. The VA does not limit the right of a veteran to sue the asbestos companies who caused their exposure and mesothelioma.
In the majority of mesothelioma lawsuits the defendants do not want to see their case go through a full-blown trial. They are afraid of the possible verdict amount, particularly if a case is involving punitive damages. The long record of verdicts in favor of asbestos companies makes it difficult to deny liability during trial.