How to File an Asbestos Lawsuit
You may be able to file a lawsuit in the event that you or someone you love has been diagnosed with a condition that is related to asbestos. A qualified mesothelioma attorney can assist you in understanding the options available to you and help begin the process.
The defendants in a mesothelioma lawsuit are the companies who exposed you to asbestos. These companies may not exist anymore, but they could have established trusts to compensate victims.
Statute of limitations
A statute of limitation is a law which sets the maximum time limit for a person to bring a lawsuit or to take legal action. This limit can vary by state and case type. In most personal injury cases the statute of limitations begins to run at the date of the accident or injury. However, asbestos victims are different in that a lot of them don't realize they suffer from mesothelioma, a serious disease, until years after exposure to the toxic substance. This is why it's important to contact a mesothelioma attorney as soon as possible after an announcement of diagnosis.
A qualified mesothelioma attorney can assess the details of a patient's case and ensure that their rights are protected. After the mesothelioma attorney is certain they have a valid case, they can file the proper claim for compensation. This could be an injury lawsuit for personal injuries or wrongful death lawsuit, or an asbestos trust fund claim.
Asbestos sufferers should be aware of their filing dates and filing locations. Even if victims fail to meet a deadline a mesothelioma attorney might be able to assist clients explore other avenues for compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is important to remember that mesothelioma lawsuits can go through several stages before a settlement or a trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos companies and products that are accountable. This may take months or even years to complete.
The attorneys will then collect evidence such as medical records, employment histories, and product identification. The attorneys must also calculate damages, which could include future medical expenses as well as lost income, emotional distress, and loss of companionship. The attorney will decide on the best method to maximize the compensation of their client.
The exact mesothelioma settlement amounts are usually kept secret due to confidentiality agreements. However, occasionally certain numbers are made public. In 2018 the family received $630,000 from a variety of defendants for the death of a Redding mechanic who died of asbestos-related lung carcinoma. This was their second settlement following one in 2017. These figures do not represent the amount of settlement that is typical for mesothelioma. However they do illustrate the value that patients receive.
How to File a Claim
Mesothelioma, a terminal illness that is complex and requires costly treatment, can leave families in financial distress. The compensation from asbestos lawsuits can be used to pay medical bills that can prolong the life of a patient and provide support for loved ones. It also helps with funeral costs and other expenses.
Each case is unique and many factors can affect the value of any claim. In a no-cost mesothelioma case review, a knowledgeable lawyer will assess the extent to which asbestos exposure has affected your health and will determine the best way to seek compensation on your behalf.
A mesothelioma lawyer can make an action for financial compensation with the responsible party, which could be a multinational company or an insurance company that has assumed the responsibility from a bankruptcy asbestos manufacturer. The lawyer will assist you to complete the required paperwork and ensure that it is completed in time to be in compliance with state laws.
The statutes of limitations for each state set a different timeline within which mesothelioma sufferers have to take legal action. You should consult a mesothelioma attorney as soon as you can since the statute of limitations will expire and you will not be able to get compensation for your illness.
The mesothelioma lawsuit filing process typically takes between two and four years from beginning to end. A multi-disciplined legal team will aid you through every step in the process, from gathering medical records, interviewing witnesses conducting research, and preparing for trial.
Most asbestos cases settle prior to trial. However, if you're not satisfied with the settlement amount the lawyer will not be afraid to go 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 be eligible for VA benefits to pay for treatment and medical expenses.
Contact a law firm in the United States that specializes in mesothelioma for free consultation. A team of mesothelioma lawyers will determine if your mesothelioma lawsuit could be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims may receive compensation through negotiated settlements or verdicts. Both of them can assist with the costs associated with treating mesothelioma, as well in addressing other issues such as loss of income or quality of life.
In a settlement negotiated the asbestos manufacturer will compensate the victim with the amount they have agreed to. Negotiations are carried out between the attorney of the victim and the asbestos company responsible for the victim's exposure.
A mesothelioma lawyer will look at your background and asbestos exposure to determine who the defendants are in your case. The defendants could be one or more companies that produced or sold 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.
The majority of asbestos cases are settled through trust funds, since asbestos producers have gone bankrupt after being flooded by lawsuits. These trusts have over $30 billion in funds to aid mesothelioma patients. The victim's mesothelioma attorney can help them determine which trust fund to file their claim with.
The median mesothelioma settlement ranges from between $1 million and $2 million. The more money a victim will receive, the bigger the verdict of the jury. In the trial phase, mesothelioma lawyers will present evidence like medical records, employment history, expert testimony and other documents to prove their client's case.
A mesothelioma lawsuit can be filed by victims who have been exposed to asbestos. They can make negligent asbestos companies accountable for exposing their loved ones to this preventable illness and pay compensation to cover their medical expenses and lost earnings.
Mesothelioma is an extremely painful, life-threatening disease that is not always cureable. The financial compensation resulting from a successful mesothelioma suit can bring closure to families of the victims and ensure that they receive the financial support they need to live their lives as fully as they can.
The severity and fatality of mesothelioma demands that patients take action quickly. Locating a law firm that has a successful track record in the pursuit of mesothelioma cases is crucial. Check with family members who have been diagnosed with the disease, your physician or other sources for recommendations of lawyers in your area.
Trials
Many asbestos-related disease victims receive compensation through settlements. However certain cases will go to trial. A trial can last several years, and a jury must decide on the amount of compensation. A judge could decide to accelerate the process if the victim is in a very serious condition. Trials are often more expensive than settlements.
In a mesothelioma case attorneys compile evidence to prove asbestos exposure. They will also identify the manufacturers and companies responsible for the exposure. Mesothelioma lawyers will seek damages for the victim and their families. These damages include punitive and compensatory damages. Additionally, they will seek to seek compensation for the victim's loss of enjoyment of life and the loss of income.
The majority of victims and their families prefer to settle rather than going to trial. Settlements are less stressful than trials and permit victims to receive their money faster. However, an experienced mesothelioma attorney (updated blog post) will prepare for a trial if required to maximize their client's recovery.
Compensation for mesothelioma could aid victims in paying their medical expenses, lost income, and other documented expenses related to the disease. In some cases, it can even pay for funeral expenses. A lawyer can determine if a victim is eligible for damages by reviewing their mesothelioma diagnosis, military and employment history, and their family history. They can also look into asbestos trust funds to see if manufacturers or employers have compensated victims.
A legal team representing an asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. Veterans will have access to the most reputable mesothelioma experts in the world, and also additional financial aid. The VA does not limit the right of a vet to sue asbestos-related companies that caused their exposure and mesothelioma.
In most mesothelioma lawsuits, the defendants do not want to see their case go through a full-blown trial. They are afraid of the potential verdict amount, particularly if a case is involving punitive damages. The long history of verdicts in favor of asbestos-related companies makes it hard to deny liability during trial.