How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related condition and you are eligible, you could be able to file an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding your options and help you start the process.
The plaintiffs in a mesothelioma suit are the companies that exposed you to asbestos. These companies usually no longer exist however, they could have set up trusts to pay victims.
Statute of Limitations
A statute of limitation is a law that sets the maximum period of time for someone to start a lawsuit or take legal action. This limit varies by state and type of case. For the majority of personal injury cases the statute of limitation begins to run at the moment of the incident or injury. However, asbestos victims are different in that a lot of them do not realize they have mesothelioma or another serious illness until years after their exposure to the deadly substance. This is why it's important to get in touch with a mesothelioma attorney as soon as possible after a diagnosis.
A mesothelioma lawyer who is experienced will be able to determine the specifics of a victim's case and ensure that their legal rights are secured. Once the mesothelioma lawyer is 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 must be aware of deadlines and the locations where they can file their claims. Even even if they fail to meet an important deadline, a mesothelioma lawyer might be able to assist clients explore other avenues for compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is also important to keep in mind that mesothelioma lawsuits can go through a variety of stages before reaching a settlement or trial. During the litigation, victims and their mesothelioma attorneys (watch this video) must identify asbestos-related companies and products that are responsible. The process can take months or even years.
The attorneys then have to collect evidence, such as medical documents, employment and labor history, and asbestos product identification. The attorneys also need to calculate damages, which include future medical expenses as well as lost income, emotional distress, and loss of companionship. The attorney will then determine the best method to get the most compensation for their client.
Confidentiality agreements typically prevent the exact amounts of mesothelioma-related compensation from being disclosed. However, some figures do become public from time to time. In 2018, the family received $630,000 from several defendants in connection with the death of an Redding mechanic from asbestos-related lung cancer. This was their second settlement following the payout in 2017. These figures do not represent the typical settlement amount for mesothelioma. However they do illustrate the value that victims receive.
How to File a Claim
Mesothelioma is a fatal disease that is complicated and requires costly treatment can put families in financial trouble. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical bills and also support their loved ones. It also helps to cover funeral costs and other expenses.
Each case is unique and there are many factors that can impact the potential value of any claim. When you receive a no-cost review of your mesothelioma lawsuit, an experienced lawyer will determine your asbestos exposure and the most effective way to pursue compensation for you.
A mesothelioma attorney will file a claim for financial compensation with the responsible party which may include a multi-national firm or an insurance company that has taken on the responsibility from a bankruptcy asbestos manufacturer. The lawyer will assist you in completing the paperwork and ensuring that it is filed within the deadline to comply with state law.
Each state's statute of limitation sets a different date by which mesothelioma sufferers have to take legal action. It is important to work with an attorney for mesothelioma as quickly as you can, because if the statute of limitations passes, you will not be legally entitled to any compensation for your condition.
The mesothelioma lawsuit filing process usually takes between two and four years from start to the end. A multi-disciplinary legal team will help you in every step of the process in the process, from collecting medical records, interviewing witness conducting research, and preparing for the trial.
Most asbestos cases are settled with an agreement before going to trial. If you aren't satisfied with the settlement amount your lawyer will not hesitate to take your case to trial.
The mesothelioma compensation typically will cover future and past medical expenses, funeral expenses and lost wages, as well as loss of companionship, and other losses associated with the disease. Veterans suffering from mesothelioma or other asbestos-related diseases, should also apply for VA benefits to pay for treatment and medical expenses.
Contact a national law firm that specializes in mesothelioma law for a free consultation. A dedicated team of mesothelioma attorneys will determine if you are qualified to file a mesothelioma suit against the companies that exposed you to asbestos while serving in the military.
Settlements
Asbestos victims can receive compensation through negotiated settlements or verdicts. Both of these can help pay for the costs of treating mesothelioma, and also address other issues, such as loss of income or the quality of life.
In a negotiated settlement, an asbestos manufacturer agrees to compensate a victim with a negotiated amount of money. This is reached through negotiations between the victim's lawyer and the asbestos manufacturer responsible for their exposure.
A mesothelioma lawyer with experience will examine your employment history and asbestos exposure to determine the defendants in your case. The defendants could be a number of companies that manufactured or sold asbestos-containing products at your work site. These companies often knowingly exposed workers to asbestos but did not inform them of the dangers until after their deaths due to the disease.
Since a lot of asbestos producers went bankrupt after being flooded with lawsuits, most asbestos cases now settle through trust funds. Trusts have more than $30 billion to aid mesothelioma sufferers. The victim's mesothelioma attorney can help them determine which trust fund to file their claim with.
The average settlement for mesothelioma is between $1 million and $2 million. The more money a victim can receive, the bigger the verdict by the jury. During the trial phase, mesothelioma lawyers will provide evidence, such as medical records, employment history, expert testimony and other evidence to support their client's case.
Even after exposure to asbestos, victims can still get justice through filing mesothelioma claims. They can make negligent asbestos companies accountable for the risk of exposing their loved ones this preventable illness and provide them with compensation to cover medical expenses and lost wages.
Mesothelioma can be an extremely painful, life-threatening condition that isn't always curable. The compensation from a successful mesothelioma suit can bring closure to the victims' families and ensure that they receive the financial help they require to live their lives as completely as possible.
The seriousness and death of mesothelioma require patients to act promptly. Locating a law firm that has a successful track record in pursuing mesothelioma cases is crucial. Ask your family members, your doctor, or other sources for recommendations of attorneys in your area.
Trials
Many sufferers of asbestos-related illnesses receive compensation through settlements. However certain cases end up going to trial. A trial could take a few years and require jurors to decide on the award amount. A judge can decide to accelerate the process in cases where the victim is in a very serious condition. Trials can be more expensive than settlements.
Attorneys will collect evidence to prove asbestos exposure during mesothelioma cases. They will identify the manufacturers and companies responsible for the exposure. Mesothelioma lawyers will seek damages for the victim as well as their family. These damages include punitive and compensatory damages. They will also seek compensation for the loss of income and enjoyment of life.
The majority of victims and their families prefer to settle than to go to trial. Settlements are less stressful than trials and enable victims to receive their money faster. A mesothelioma lawyer will prepare their client for a trial if necessary to maximize the amount of compensation received by their client.
Compensation from a mesothelioma case can help victims pay for their medical expenses, lost wages and other documented expenses associated with the disease. In certain cases, compensation can cover funeral expenses. A lawyer can determine the victim's eligibility to receive damages by reviewing his or her mesothelioma diagnoses, military and employment histories and family history. They can also look over asbestos trust funds for compensation from employers and manufacturers.
A legal team representing the asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. Veterans can gain access to the top mesothelioma experts in the world, and also additional financial assistance. However, pursuing benefits from the VA doesn't limit the right of a veteran to bring a lawsuit against the asbestos companies responsible for their exposure and mesothelioma.
In the majority of mesothelioma lawsuits defendants will not want to see the case progress to an entire trial. They will be afraid of the potential verdict, especially if a trial involves punitive damages. The long record of verdicts against asbestos-related companies makes it hard to prove their liability in trial.