How to File an Asbestos Lawsuit
You may be able to make a claim in the event that you or someone you know has been diagnosed with a condition related to asbestos. A mesothelioma lawyer will help you understand your options and start the process.
In a mesothelioma-related case the defendants are asbestos exposure companies. These companies could no longer exist but may have established trusts to compensate the victims.
Statute of Limitations
A statute of limitations is a law that defines the maximum time an individual has to take legal action and file a lawsuit. The time limit varies by state and case type. For the majority of personal injury cases the statute of limitation begins to run at the date of the accident or injury. Asbestos sufferers are unique in that they may not be aware of a serious condition such as mesothelioma for a long time after exposure. This is why it's so important to get in touch with a mesothelioma attorney immediately following the diagnosis.
A qualified mesothelioma attorney can assess the details of a victim's situation and ensure their legal rights are protected. After the mesothelioma attorney is convinced they have a solid case, they can file a claim for compensation. It could be a personal injury lawsuit, wrongful deaths suit or asbestos trust fund claim.
Asbestos victims need to be aware of the deadlines and the locations where they can file their claims. Even if they miss a deadline a mesothelioma attorney could be able to help them explore alternative avenues of compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is also important to keep in mind that mesothelioma lawsuits (click here to investigate) can go through a variety of stages before settling or trial. During the litigation process victims must work with their mesothelioma lawyers to identify responsible asbestos companies and their products. This may take months or even years to complete.
The attorneys then need to gather evidence including medical records, employment history and product identification. The attorneys must also determine damages, which can include future medical expenses as well as lost income, emotional distress, and loss of companionship. The lawyer will determine the best way to maximize the amount of compensation they can offer their client.
Confidentiality agreements often keep the exact amount 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 a variety of defendants for the death of an Redding mechanic due to asbestos-related lung carcinoma. This was the second settlement that this family received following a payout in 2017. These figures don't represent the average settlement amount for mesothelioma. However they do illustrate the value that victims receive.
How to File a Claim
Mesothelioma is a debilitating disease that is complicated and requires costly treatment, can put families in financial distress. The compensation from asbestos lawsuits can be used to pay medical bills that extend life and help loved family members. It also helps pay for funeral costs and other expenses.
Every case is unique and many factors can affect the potential value of a claim. During a free mesothelioma case review, an experienced lawyer will assess the impact asbestos exposure had on 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 to receive financial compensation. This could be a multinational company or an insurer who has assumed responsibility from a bankrupt manufacturer of asbestos. The attorney will help you complete the necessary documents and ensure that they are filed on time to comply with the laws of your state.
Each state's statutes of limitations set a different timeline within which mesothelioma sufferers must take legal action. It is important to work with a mesothelioma lawyer as soon as you can, because if the statute of limitations expires, you will not be in a position to claim any compensation for your condition.
The mesothelioma lawsuit process typically takes between two and four years from start to finish. A multi-disciplined team of lawyers will assist you throughout the way, from gathering and analyzing medical records, interviewing witnesses conducting research, and making preparations for trial.
Most asbestos cases settle prior to trial. If you are not happy with the amount of settlement, your lawyer will not hesitate in taking your case to trial.
The mesothelioma compensation typically will cover future and past medical costs, funeral expenses, lost wages, loss companionship, and other losses associated with the disease. In addition, veterans diagnosed with mesothelioma or an asbestos-related illness should apply for benefits through the VA to pay for their treatment and healthcare.
If you're a former soldier diagnosed with mesothelioma or other cancers, contact a national mesothelioma law firm for a no-cost consultation. A team of mesothelioma lawyers will determine if your mesothelioma lawsuit can be filed against companies who exposed you to asbestos during your military service.
Settlements
Asbestos victims can be compensated through settlements or verdicts that are negotiated. Both of these can help pay for the cost of treating mesothelioma and address other issues, such as loss of income or the quality of life.
In a settlement that is negotiated, an asbestos manufacturer agrees to compensate a victim with the amount they have agreed to. This is reached through discussions between the victim's lawyer and the asbestos company responsible for their exposure.
A mesothelioma attorney will examine your background and asbestos exposure to determine who the defendants in your case are. One or more companies could be the defendants when they manufactured or sold asbestos-containing products on your site. These companies exposed workers to asbestos in a way they knew about and did not warn of the dangers until they died from the disease.
Most asbestos cases are now resolved through trust funds, since many asbestos producers went bankrupt after being flooded by lawsuits. Trusts that have more than $30 billion in funds to help mesothelioma sufferers. The victim's attorney can assist them in determining which trust fund to file their claim with.
The mesothelioma average settlement is between $1 and $2 million. The more money the victim will receive, the greater the verdict of the jury. In the trial phase mesothelioma lawyers present evidence like medical records, employment histories and expert testimony, as well as other evidence to support their client's case.
Even after exposure to asbestos, victims can still seek justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and seek compensation to pay medical expenses and lost wage.
Mesothelioma can be a life-threatening, painful condition that isn't always curable. Compensation from a mesothelioma attorneys case can bring closure to victims families and ensure that they receive the financial support needed to live as fully as they can.
The severe and fatality of mesothelioma require patients to take action promptly. It is crucial to locate a law firm with an established track record of success in seeking mesothelioma compensation claims. Ask relatives who have been diagnosed with the disease, your physician or other sources for recommendations on lawyers in your area.
Trials
Many victims of asbestos-related illnesses receive compensation through a settlement. However, some cases end up going to trial. A trial can take several years and requires a jury to decide the amount of the award. If the victim is seriously ill, a judge may decide to accelerate the process. Trials are often more expensive than settlements.
During a mesothelioma lawsuit attorneys gather evidence to prove exposure to asbestos. They will also identify the companies and manufacturers responsible for that exposure. Mesothelioma lawyers will attempt to recover damages on behalf of the victim and their family. These damages can include punitive and compensatory damages. Additionally, they will seek to get compensation for the victim's loss of enjoyment in life and lost income.
Most victims and their family members prefer to settle rather than go to trial. Settlements are less stressful than trials and permit victims to receive their compensation sooner. A mesothelioma lawyer can prepare their client for a trial if necessary to maximize the recovery of their client.
The compensation from a mesothelioma lawsuit can help patients pay for their medical expenses, lost wages and other documented expenses associated with the disease. In some cases, it may even cover funeral expenses. A lawyer can determine whether a victim is eligible for damages by reviewing their mesothelioma diagnosis, work and military history as well as their family history. They can also check asbestos trust funds to see if manufacturers or employers have compensated victims.
An asbestos victim's legal team may also look into seeking benefits from the Department of Veterans Affairs. Veterans can gain access to the best mesothelioma experts in the world, as well as additional financial assistance. The VA will not limit the right of a veteran to sue asbestos-related companies which caused their exposure, and mesothelioma.
In most mesothelioma lawsuits, defendants will not want to see the case progress to a full-blown trial. They are afraid of the potential verdict amount especially if the case involves punitive damages. The long record of verdicts involving asbestos-related companies makes it difficult for them deny liability during trial.