How to File an Asbestos Lawsuit
You may be able file a lawsuit if you or someone you know has been diagnosed with a disease that is related to asbestos. A mesothelioma lawyer who is experienced can help you understand your options and help you begin the process.
The plaintiffs in a mesothelioma suit are the companies that exposed you to asbestos. These companies often are no longer in existence, but they may have set up trusts to pay victims.
Statute of Limitations
A statute of limitations is a law that sets the maximum time limit for someone to start a lawsuit or take legal action. This time frame can differ based on state and type of case. In the majority of personal injury cases, the statute of limitation starts to run when the injury or accident occurs. Asbestos sufferers are unique in that they may not be aware of a serious condition like mesothelioma until years after exposure. This is why it's so important to speak with mesothelioma lawyers as soon as possible after the diagnosis.
A qualified mesothelioma lawyer can determine all specifics 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 a claim for compensation. This could be a personal injuries lawsuit, wrongful death suit, or asbestos trust fund claim.
Asbestos victims should be aware of their filing deadlines and locations. Even even if they fail to meet a deadline, a mesothelioma lawyer may be able to help them explore other avenues of compensation. This includes filing additional lawsuits and making claims against the asbestos trust fund.
It is important to remember that mesothelioma lawsuits can go through multiple stages prior to the settlement or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must determine asbestos-related companies and products responsible. This process could be a long and lengthy process that can take months or years.
The attorneys should gather evidence, which includes medical records, employment and labor history, and asbestos product identification. The attorneys will also need to calculate damages. This includes future medical expenses and income loss emotional distress, loss of companionship. The lawyer will then determine the best way to achieve the highest amount of compensation for their client.
Exact mesothelioma settlement amounts are usually kept secret due to confidentiality agreements. Sometimes, however certain amounts are released. In 2018 the family received $630,000 from multiple defendants for the death of a Redding mechanic who died of asbestos-related lung carcinoma. This was the second settlement for this family after a previous payout in 2017. While these figures don't represent the total mesothelioma payout however, they show the substantial value that patients can get from their claims.
How to File a Claim
Mesothelioma is a complicated terminal disease that requires costly treatments and can put families in financial straits. 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.
However, each case is different, and there are numerous variables that could impact the value of a claim. During a free mesothelioma case review, a skilled lawyer will determine how asbestos exposure affected your health and will determine the best avenue to pursue compensation on your behalf.
A mesothelioma lawyer can submit a claim to the responsible party for financial compensation. This could be a multinational corporation, or an insurance company that has taken over responsibility from a bankrupt producer of asbestos. The lawyer will assist you in filling out the paperwork and ensure that it is filed within the deadline to comply with the law of the state.
Each state's statute of limitation sets a different date by which mesothelioma sufferers must file legal actions. It is essential to speak with a mesothelioma lawyer as soon as you can, because if the statute of limitations expires the victim will not be legally entitled to any compensation for your illness.
The mesothelioma lawsuit process typically takes between two and four years from beginning to end. A multi-disciplinary legal team will assist you in every step of the process in the process, from gathering medical records, interviewing witness, conducting research, and preparing for the trial.
Most asbestos cases settle prior to trial. If you're not satisfied with the settlement amount your lawyer will not hesitate in taking your case to trial.
Compensation for mesothelioma typically covers past and future medical expenses, funeral costs as well as lost wages, loss of companionship and other losses that are associated with the disease. Veterans suffering from mesothelioma or other asbestos-related illnesses, should be eligible for VA benefits to pay for treatment and healthcare.
If you're a former soldier diagnosed with mesothelioma, contact mesothelioma lawyers from across the country for a free legal consultation. A team of mesothelioma attorneys will determine if your mesothelioma case could be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both of these can help offset the expenses associated with treating mesothelioma as well as addressing other issues like loss of income and quality of life.
In a negotiated settlement an asbestos producer agrees to compensate a victim with the amount they have agreed to. Negotiations are conducted between the victim's lawyer and the asbestos company that is responsible for the victim's exposure.
A knowledgeable mesothelioma lawyer will review your work history and asbestos product exposure to identify the defendants in your case. The defendants could be a number of companies that sold or made asbestos-containing products at your workplace site. These companies exposed workers to asbestos knowingly and did not warn of the dangers until they died from the disease.
Most asbestos cases are now settled through trust funds, since many asbestos producers went bankrupt when they were inundated by lawsuits. Trusts that have more than $30 billion in funds that can help mesothelioma sufferers. The mesothelioma lawyer for the victim can assist them in determining which trust fund to file their claim with.
The mesothelioma average settlement is between $1 million and $2 million. The more money a victim will receive, the greater the verdict by the jury. In the trial phase, mesothelioma lawyers will present evidence like medical records, employment histories as well as expert testimony and other documentation to prove their client's case.
A mesothelioma lawsuit can be filed by victims who have been exposed to asbestos. They are able to hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and offer compensation to cover medical expenses and lost wage.
Mesothelioma can be a life-threatening, painful condition that isn't always cureable. The financial compensation resulting from a successful mesothelioma lawsuit can bring closure to the victims' families and provide them with the financial assistance they require to live their lives as completely as possible.
The seriousness and death of mesothelioma require patients to act quickly. It is essential to find a law firm with a track record of successfully seeking mesothelioma compensation claims. Ask your family members, your doctor, or other sources to recommend lawyers in your area.
Trials
Many victims of asbestos-related illnesses receive compensation via settlements. However some cases will go to trial. A trial could take a few years and requires an impartial jury to determine the amount of the award. If the victim is extremely ill, a judge may decide to speed up the process. Trials are usually more expensive than settlements.
In a mesothelioma suit, attorneys will compile evidence to prove asbestos exposure. They will also identify the companies and manufacturers that are responsible for asbestos exposure. Mesothelioma lawyers will seek to recover damages for the victim and their family. 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 tend to be less stressful than a trial and enable the victim to receive their compensation much earlier. A mesothelioma lawyer will prepare their client for a trial, if needed, to maximize the amount of compensation received by their client.
Compensation for mesothelioma could assist patients with medical bills, lost income and other expenses that are attributed to the disease. In some instances, it could even cover funeral expenses. A lawyer can determine whether a victim is eligible to claim damages by examining their mesothelioma diagnose, their work and military history and their family history. They can also review asbestos trust funds for the compensation of employers and manufacturers.
A legal team representing an asbestos victim may also look into pursuing benefits through the Department of Veterans Affairs. This could give veterans access to some of the best mesothelioma doctors around the world as well as financial support. However, pursuing benefits from the VA does not limit the rights of veterans to file an action against asbestos-related companies responsible for their exposure and mesothelioma lawsuits.
In most mesothelioma cases, the defendants don't want a full-blown court trial. They are afraid of the possible verdict amount particularly if the trial involves punitive damages. The long history of verdicts involving asbestos-related companies makes it hard to deny liability during trial.