How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related condition and you are eligible, you could be able to bring an asbestos lawsuit. An experienced mesothelioma lawyer can help you understand your options and assist you to start the process.
In a mesothelioma-related case the defendants are asbestos exposure companies. These companies often no longer exist however, they could have established trusts to compensate victims.
Statute of limitations
A statute of limitations is a law that sets the time limit for when someone is required to pursue legal action and file a lawsuit. The time limit is different for each state and also the type of case. In the majority of personal injury cases, the statute of limitations begins to run at the time the injury or accident occurs. Asbestos sufferers are unique in that they might not be aware of a serious disease like mesothelioma until years after exposure. This is why it's so important to speak with mesothelioma lawyers immediately following a diagnosis.
A mesothelioma attorney can help victims understand the specifics of their case and ensure their legal rights are secured. Once the mesothelioma lawyer is convinced they have a solid case and is confident that they have a strong case, they can file the proper claim for compensation. It could be a personal injuries lawsuit, wrongful death suit, or asbestos trust fund claim.
Asbestos sufferers should be aware of their filing deadlines and locations. Even if victims miss the deadline, a mesothelioma lawyer could be able to help clients explore other avenues for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.
It is important to remember that mesothelioma lawsuits can go through several stages before a settlement or a trial. During the litigation, plaintiffs and their mesothelioma lawyers must identify asbestos-related companies and products that are accountable. The process can be a long and lengthy process that can take months or years.
The attorneys then have to gather evidence, including medical records, employment and labor history and asbestos 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, and loss of companionship. The lawyer will determine the best method to maximize compensation for their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma-related compensation from being disclosed. However, some figures appear on the public at times in time. In 2018, the family received $630,000 from several defendants in connection with the death of an Redding mechanic who died of asbestos-related lung cancer. This was the family's second settlement after a payout in 2017. These figures don't represent the average settlement amount for mesothelioma, but they do demonstrate the value that patients receive.
How to File 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 also support their loved ones. It also helps cover funeral costs and other expenses.
Each case is different and there are many factors that can impact the potential value of a claim. When you receive a free mesothelioma claim review, an experienced lawyer will determine how asbestos exposure affected your health and will determine the best way to pursue compensation on your behalf.
A mesothelioma attorney will submit a claim for financial compensation with the responsible party which may include a multi-national company or an insurance company that has assumed liability from a bankrupt asbestos manufacturer. The attorney will assist in filling out the paperwork and ensuring that it is filed by the deadline to comply with the law of the state.
Each state's statutes of limitations set a different timeline within which mesothelioma patients must pursue legal actions. It is important to work with an attorney for mesothelioma attorneys as quickly as you can because once the statute of limitations passes and you are no longer legally entitled to any compensation for your condition.
The process of filing a mesothelioma suit can take between two and four year. A multi-disciplinary team of lawyers will assist you throughout the way, such as collecting and analyzing medical records and interviews with witnesses, conducting research and getting ready for trial.
The majority of asbestos cases settle before trial. However, if you're not satisfied with the settlement amount your lawyer will not be afraid to go to trial on your behalf.
Mesothelioma compensation typically will cover future and past medical expenses, funeral costs as well as lost wages, loss of companionship, and other losses related to the disease. Veterans with mesothelioma, or other asbestos-related illnesses, should be eligible for VA benefits to pay for treatment and healthcare.
If you are a veteran diagnosed with mesothelioma, call mesothelioma lawyers from across the country for a no-cost consultation. A dedicated team of mesothelioma attorneys will determine if your qualified to file a mesothelioma lawsuit against companies who exposed you to asbestos while working in the military.
Settlements
Asbestos victims can receive compensation through negotiated settlements or judgments. Both can assist in covering the cost of treating mesothelioma and address other issues such as loss of income or loss of life.
In a negotiated settlement an asbestos producer agrees to compensate the victim with the amount they have agreed to. This is reached through discussions between the victim's lawyer and the asbestos company accountable for their exposure.
A mesothelioma attorney will examine your background and asbestos exposure to determine who the defendants in your case are. The defendants could be one or more companies that produced or sold asbestos-containing products at your work site. These companies exposed workers to asbestos in a way they knew about and did not inform workers of the dangers until workers passed away from the disease.
The majority of asbestos cases are settled through trust funds, since many asbestos producers went bankrupt after being hit by lawsuits. Trusts are able to hold more than $30 billion to aid mesothelioma sufferers. The lawyer of the victim can assist them in determining which trust fund to submit their claim to.
The mesothelioma average settlement is between $1 and $2 million. The more money the victim will receive, the bigger the verdict of the jury. In the trial phase, mesothelioma lawyers will present evidence such as medical records, employment history as well as expert testimony and other evidence to support their client's case.
Despite asbestos exposure, victims can still pursue justice by filing mesothelioma lawsuits. They can hold negligent asbestos firms accountable for exposing loved ones to this avoidable illness and provide compensation to cover medical expenses and lost wages.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. The financial compensation resulting from a mesothelioma-related case can bring closure to the victims' families, and ensure that they receive the financial aid required to live as full as they can.
Because mesothelioma is a serious and deadly, the patients must act swiftly. Locating a law firm that has a successful track record in the pursuit of mesothelioma cases is crucial. Ask your family members, your doctor, or any other sources for recommendations of attorneys in your area.
Trials
Many victims of asbestos-related illnesses receive compensation through a settlement. Some cases do end in court. A trial could take a few years and require an impartial jury to determine the award amount. A judge may decide to accelerate the process in cases where the victim is in very serious situation. Trials are often more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure in mesothelioma cases. They will also identify the companies and manufacturers responsible for that exposure. Mesothelioma lawyers will seek to recover damages on behalf of the victim and their family members. These damages include punitive and compensatory damages. In addition, they seek to get compensation for the victim's loss of enjoyment from life and the loss of income.
Most victims and their families prefer to settle instead of going to trial. Settlements tend to be less stressful than a trial and enable the victim to receive their compensation much sooner. However, a knowledgeable mesothelioma lawyer will plan for a trial, if needed, to maximize their client's recovery.
Compensation for mesothelioma may assist patients with medical bills, lost income and other expenses that are related to the disease. In some cases, it can even cover funeral expenses. An attorney can determine the victim's eligibility to receive damages by looking over the mesothelioma diagnosis, military and employment histories, and family history. They can also examine asbestos trust funds to determine whether employers or manufacturers have paid compensation.
An asbestos victim's legal team will also consider pursuing benefits from the Department of Veterans Affairs. This can give veterans access to the most renowned mesothelioma specialists around the world, as well as financial support. However, pursuing benefits from the VA does not restrict the rights of veterans to file a lawsuit against the asbestos-related companies responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits, defendants will not want to see the case progress to a full-blown trial. They are scared of the potential verdict especially if the case includes punitive damage. The long history of verdicts against asbestos-related companies makes it difficult to prove their liability in trial.