How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related illness you might be able to bring an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding your options and help you begin the process.
In a mesothelioma-related case, the defendants are the asbestos exposure companies. These companies might be gone, but they may have established trusts to compensate victims.
Statute of limitations
A statute of limitation is a law that sets the maximum period of time for a person to file a lawsuit or take legal action. The time limit varies by state and type of case. In most personal injury cases, the statute of limitations clock starts ticking at the moment of the incident or injury. Asbestos victims differ in that they may not be aware of a serious disease like mesothelioma for years after exposure. This is why it's important to contact a mesothelioma attorney (describes it) as soon as possible after a diagnosis.
A qualified mesothelioma attorney can determine all specifics of a victim's situation and ensure their rights are secured. After the mesothelioma attorney is confident they have a strong case, they can file the proper claim for compensation. It could be a personal injury lawsuit, wrongful death suit or asbestos trust fund claim.
Asbestos victims should be aware of their filing locations and deadlines. Even if victims fail to meet a deadline a mesothelioma attorney may be able help them explore alternative avenues of compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is important to remember that mesothelioma cases can undergo several stages prior to either a settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must determine asbestos-related companies and products that are accountable. It could take months or even years to complete.
The attorneys must then gather evidence, including medical records, employment history and product identification. The attorneys must also calculate damages, which could include future medical expenses and lost income, as well as emotional distress and loss of companionship. The attorney will determine the best strategy to maximize the compensation of their client.
Exact mesothelioma settlement amounts are usually kept secret due to confidentiality agreements. Occasionally, however certain amounts are released. 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 second settlement for this family following a settlement in 2017. These figures do not represent the typical settlement amount for mesothelioma, but they do show the value that patients receive.
How to File a Claim
Mesothelioma is a nebulous terminal disease that requires expensive treatment and frequently puts families in financial straits. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical bills and also support their loved ones. It also helps pay for funeral costs and other expenses.
Each case is unique and many factors can affect the potential value of a claim. When you receive a no-cost review of your mesothelioma claim, an expert lawyer will evaluate your asbestos exposure and the most effective way to pursue compensation for you.
A mesothelioma lawyer will submit a claim for financial compensation with the responsible party which may include a multi-national firm or an insurance company that has assumed responsibility for a bankruptcy asbestos manufacturer. 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.
The statute of limitations for each state provides a distinct time frame within which mesothelioma patients have to take legal action. You should consult a mesothelioma attorney as early as you can, because the time limit expires and you will not be able to recover compensation for your condition.
The process of bringing a mesothelioma case can take between two and four year. A multi-disciplined legal team will assist you through every step that includes gathering medical records, interviewing witnesses conducting research, and preparing for trial.
The majority of asbestos cases settle for a settlement before going to trial. If you aren't satisfied with the settlement amount your lawyer will not hesitate to take your case to trial.
Mesothelioma compensation typically will cover future and past medical expenses, funeral costs as well as lost wages, loss of companionship, and other costs associated with the disease. Veterans suffering from mesothelioma or other asbestos-related diseases, should be eligible for VA benefits to pay for treatment and medical expenses.
Contact a national law firm that specializes in mesothelioma for an initial consultation for no cost. A team of mesothelioma lawyers will determine if you are qualified to file a mesothelioma lawsuit against companies who exposed you to asbestos while working in the military.
Settlements
Asbestos victims may receive compensation through negotiated settlements or judgments. 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 the victim with a negotiated amount of money. Negotiations are carried out between the attorney of the victim and the asbestos company responsible for the victim's exposure.
A mesothelioma attorney will examine your background and asbestos exposure to determine who the defendants are in your case. One or more companies could be defendants in the event that they manufactured or sold asbestos-containing products at your workplace. These companies were often aware of the dangers of exposing workers to asbestos but did not warn them of the dangers until their deaths from the disease.
Since a lot of asbestos producers went under after they were inundated with lawsuits, most asbestos cases are settled through trust funds. Trusts have more than $30 billion to help mesothelioma sufferers. The victim's mesothelioma attorney can assist them in determining which trust fund to file their claim with.
The average mesothelioma settlement is $1 million to $2 million. However, the higher a jury verdict, the more the victim will receive. During 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.
Despite exposure to asbestos, those affected can still pursue justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for the risk of exposing their loved ones this deadly disease and pay compensation to cover their medical expenses and lost earnings.
Mesothelioma is an incredibly painful, life-threatening illness that is not always curable. The financial compensation resulting from a mesothelioma-related case can bring closure to victims families, and help ensure that they receive the financial aid required to live their lives as fully as they can.
The seriousness and death of mesothelioma demands that patients act swiftly. It is important to find an attorney with a track record of successfully pursuing mesothelioma claims. Check with family members who have been diagnosed with the disease, your doctor or other sources for recommendations on lawyers in your area.
Trials
Many asbestos-related illnesses sufferers receive compensation through settlements. Some cases do end in the courtroom. The trial could last for several years and a jury has to decide on the amount of compensation. A judge can decide to speed up the process if the victim is in a extremely serious condition. Trials are often more expensive than settlements.
In a mesothelioma case attorneys gather evidence to prove asbestos exposure. They will also determine the companies and manufacturers that are responsible for the asbestos exposure. Mesothelioma attorneys will seek damages for the victim as well as their family members. These damages can include punitive and compensatory damages. In addition, they seek to recover compensation for the victim's loss of enjoyment in life and the loss of income.
The majority of victims and their families prefer to settle instead of go to trial. Settlements are less stressful than trials and allow victims to receive their payouts earlier. However, an experienced mesothelioma attorney will prepare for a trial if necessary to maximize their client's compensation.
The money received from a mesothelioma cancer case can assist victims in paying their medical bills, lost wages, and other expenses that are attributed to the disease. In certain cases, it may even pay for funeral expenses. A lawyer can determine a victim's eligibility for damages by reviewing their mesothelioma diagnosis, their employment and military histories as well as their family history. They can also look over asbestos trust funds to determine compensation from employers and manufacturers.
An asbestos victim's legal team will also consider pursuing benefits from the Department of Veterans Affairs. This will allow veterans access to some of the best mesothelioma doctors around the world, as well as financial assistance. The VA will not restrict the rights of a veteran to sue asbestos companies who caused their exposure and mesothelioma.
In most mesothelioma lawsuits the defendants do not want to see the case progress to an entire trial. They are afraid of the potential verdict amount, particularly if a case is involving punitive damages. The long record of verdicts involving asbestos companies makes it difficult to prove their liability in trial.