How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related illness 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 assist you to start the process.
The plaintiffs in a mesothelioma suit are the companies which exposed you to asbestos. These companies usually no longer exist, but they may have established trusts to pay victims.
Statute of Limitations
A statute of limitations is a law that sets the maximum time an individual must pursue legal action and bring a lawsuit. The time limit is different for each state and also the kind of case. In the majority of personal injury cases, the statute of limitation starts to run at the point that the accident or injury occurs. However, asbestos victims are different in that a lot of them do not realize they have a serious illness like mesothelioma until a long time after exposure to the toxic substance. It is essential to contact an attorney as soon after receiving a diagnosis as is possible.
A mesothelioma lawyer who is experienced can determine all specifics of a victim's case and ensure that their rights are protected. After the mesothelioma attorney is convinced they have a solid case and is confident that they have a strong case, they can file the proper claim for compensation. This could be an injury lawsuit for personal injuries or wrongful death suit, or an asbestos trust fund claim.
Asbestos victims should be aware of their filing deadlines and locations. Even if victims miss a deadline a mesothelioma attorney could be able to help them find alternative options for compensation. This could include filing additional lawsuits and making claims against the asbestos trust fund.
It is also important to keep in mind that mesothelioma lawsuits can go through many stages before settling or trial. During the litigation process victims must work with their mesothelioma lawyers to identify responsible asbestos-related companies and their products. This may take months or even years to complete.
The attorneys then have to gather evidence, including medical records, employment and labor history, and asbestos product identification. The attorneys also need to calculate damages, which could 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 highest amount of compensation for their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma compensation from being revealed. However, some figures get public from time to time. For example, in 2018 the family of a Redding mechanic who passed away from lung cancer caused by asbestos was awarded an agreement worth $630,000 with several defendants. This was the second settlement for the family following a settlement in 2017. These figures do not represent the typical settlement amount for mesothelioma. However they do demonstrate the value that patients receive.
How to File a Claim
Mesothelioma is a fatal illness that is difficult to treat and requires expensive 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 with funeral costs and other expenses.
Every case is unique and many factors can affect the value of any claim. When you receive a free mesothelioma claim review, an experienced lawyer will evaluate the impact asbestos exposure had on your health and will determine the best method to seek 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 insurance company that has taken over the responsibility of a bankrupt manufacturer of asbestos. The lawyer will assist you in filling out the paperwork and making sure it is filed by the deadline to comply with the law of the state.
Each state's statute of limitations provides a distinct deadline within which mesothelioma patients have to take legal action. It is important to work with an attorney for mesothelioma as soon as you can because once the statute of limitations passes, you will not be able to recover any compensation for your illness.
The mesothelioma lawsuit process typically takes between two and four years from start to end. A multi-disciplined legal team will help you through every step in the process, from collecting medical records, interviewing witness as well as conducting research and preparing for trial.
Most asbestos cases settle prior to trial. However, if you're not satisfied with the amount of settlement the lawyer will not hesitate to go to trial on behalf of you.
Compensation for mesothelioma typically covers past and future medical expenses, funeral expenses as well as lost wages, loss of companionship, and other losses associated with the disease. In addition, veterans diagnosed with mesothelioma or another asbestos-related disease should apply for benefits through the VA to help pay for their treatment and healthcare.
If you are a veteran diagnosed with mesothelioma or other cancers, contact mesothelioma lawyers from across the country for a free legal consultation. A dedicated team of mesothelioma attorneys will determine if you are eligible to file a mesothelioma lawsuit against companies that exposed you to asbestos during your time in the military.
Settlements
Asbestos victims can be compensated through settlements or verdicts that are negotiated. Both of these can help offset the costs associated with treating mesothelioma, as in addressing other issues such as loss of income or quality of life.
In a settlement that is negotiated by a manufacturer of asbestos, the company will pay a victim a specific amount of money. Negotiations are conducted between the victim's attorney and the asbestos company that is responsible for the victim's exposure.
A knowledgeable mesothelioma lawyer will examine your employment history and asbestos exposure to identify the defendants in your case. One or more companies could be the defendants if they sold or manufactured asbestos-containing products on your site. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until they died from the disease.
Because many of the asbestos producers went bankrupt after being flooded with lawsuits, most asbestos cases are now settled using trust funds. Trusts that have more than $30 billion in funds to help mesothelioma sufferers. Lawyers for the victim can help them determine which trust fund they should make a 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 are required to present evidence such as medical records, employment history as well as expert testimony and other documentation to prove their client's case.
Despite asbestos exposure, victims can still get justice through filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for the exposure of their loved ones to this disease that is preventable and pay compensation to cover medical expenses and lost earnings.
Mesothelioma is an extremely painful, life-threatening disease that isn't always curable. The compensation from a successful mesothelioma suit can bring closure to the victims' families and ensure they get the financial assistance they require to live their lives as fully as they can.
The severe and fatality of mesothelioma demands that patients respond quickly. Finding a law firm that has a track record of success in the pursuit of mesothelioma cases is crucial. Check with relatives who have been diagnosed with the disease, your doctor or other sources for recommendations of attorneys in your region.
Trials
Many sufferers of asbestos-related illnesses receive compensation through settlements. However certain cases end up going to trial. A trial can take several years and requires a jury to decide the award amount. If the victim is seriously ill, a judge may choose to accelerate the process. Trials can be more expensive than settlements.
Attorneys will collect evidence to prove asbestos exposure during a mesothelioma case. They will also identify companies and manufactures that are responsible for asbestos exposure. Mesothelioma attorneys will seek damages for the victim and their family. These damages can include punitive and compensatory damages. They also seek compensation for the loss of income and enjoyment of life.
Most victims and their family members prefer to settle rather than go to trial. Settlements tend to be less stressful than trials and allow the victim to access their compensation much earlier. However, a knowledgeable mesothelioma attorney will prepare for a trial, if needed, to maximize the amount of compensation their client receives.
Compensation from a mesothelioma case can help victims pay for their medical bills, lost wages and other expenses that are attributed to the disease. In some cases, compensation can cover funeral expenses. A lawyer can determine the victim's eligibility to be compensated by examining his or her mesothelioma diagnoses, military and employment histories, and family history. They can also examine asbestos trust funds to determine the compensation of employers and manufacturers.
The legal team representing asbestos victims may also look into applying for benefits through the Department of Veterans Affairs. Veterans have access to the most reputable mesothelioma experts in the world, as well as additional financial aid. However, the benefits of the VA does not limit a veterans right to file an action against the asbestos companies responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits, the defendants would prefer not to see the case progress to a full-blown trial. They are afraid of the potential verdict amount, especially if a trial includes punitive damages. The long history of verdicts against asbestos companies makes it difficult to deny liability during trial.