How to File an Asbestos Lawsuit
You could be able to file a lawsuit if you or someone you know has been diagnosed with a disease that is related to asbestos. A qualified mesothelioma attorney can assist you in understanding your options and help you begin the process.
The defendants in a mesothelioma lawsuit are the companies who exposed you to asbestos. These companies often no longer exist however, they could have established trusts to compensate victims.
Statute of Limitations
A statute of limitations is a law that defines the maximum time limit for someone to start a lawsuit or take legal action. This limit can vary by state and type of case. In the majority of personal injury cases, the statute of limitation clock begins to tick when the injury or accident occurs. However, asbestos-related victims are unique in that many do not realize they have mesothelioma or another serious illness until years after their exposure to the deadly substance. This is why it's so important to speak with mesothelioma lawyers immediately following a diagnosis.
A qualified mesothelioma attorney can determine all specifics of a patient's case and ensure their rights are secured. When the lawyer is sure that they have a solid case and that they have a strong case, they will submit the appropriate compensation claim. It could be a personal injuries lawsuit, wrongful death suit or asbestos trust fund claim.
Asbestos sufferers should be aware of their filing locations and deadlines. Even if they miss a deadline a mesothelioma attorney might be able to assist them explore alternative avenues of compensation. This includes filing additional lawsuits and making claims against the asbestos trust fund.
It is important to remember that mesothelioma cases can undergo several stages prior to a settlement or a trial. During the course of litigation, plaintiffs and their mesothelioma lawyers must determine asbestos-related companies and products that are responsible. This process could take months or years.
The attorneys then have to collect evidence, such as medical documents, employment and labor history as well as asbestos product identification. The attorneys also need to determine damages, which can include future medical expenses, lost income, emotional distress and loss of companionship. The attorney will then determine the best strategy for achieving the maximum amount of compensation for their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma compensation from being disclosed. Sometimes, however, certain figures are made public. For instance, in the year 2018, the family of a Redding mechanic who passed away from lung cancer caused by asbestos received a $630,000 settlement with several defendants. This was the second settlement that this family received following a settlement in 2017. Although these figures aren't representative of the average mesothelioma settlement amount but they do show the huge value that patients can get from their claims.
Filing a Claim
Mesothelioma, a terminal disease that is complicated and requires costly treatment can cause families to be in financial trouble. The compensation from an asbestos lawsuit could be used to pay medical expenses that prolong life and support loved family members. It also helps with funeral costs and other expenses.
Every case is unique and many factors can affect the value of any claim. In a no-cost mesothelioma case review, a knowledgeable lawyer will assess the extent to which asbestos exposure has affected your health and decide on the best method to seek compensation on your behalf.
A mesothelioma lawyer may make a claim with the responsible party to receive financial compensation. This could be a multinational company or an insurer that has assumed the responsibility of a bankrupt manufacturer of asbestos. The attorney will assist in filling out the paperwork and ensure that it is filed by the deadline to comply with the law of the state.
The statutes of limitation in each state define a specific timeframe within which mesothelioma victims must pursue legal actions. It is crucial to consult with an attorney for mesothelioma as quickly as possible because once the statute of limitations passes the victim will not be able to recover any compensation for your illness.
The process of bringing a mesothelioma case can take between two and four year. A multi-disciplined team of lawyers will help you every step of the way, from collecting and analyzing medical data and interviews with witnesses conducting research, and getting ready for trial.
Most asbestos cases settle before trial. If you are not happy with the settlement amount, your lawyer will not hesitate in taking your case to trial.
Compensation for mesothelioma usually covers past and future medical expenses, funeral costs, lost wages, loss companionship, and other losses associated with the disease. Veterans suffering from mesothelioma, as well as other asbestos-related illnesses, should also apply for VA benefits to help pay for treatment and care.
If you're a former soldier diagnosed with mesothelioma, call mesothelioma lawyers from across the country to get a no-cost legal consultation. A team of mesothelioma lawyers 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 settlements or verdicts that are negotiated. Both can help with the expenses of treating mesothelioma, as well being able to address other issues, such as loss of income or quality of life.
In a negotiated settlement the asbestos manufacturer will compensate a victim with an amount that is negotiated. Negotiations are conducted between the victim's attorney and the asbestos company responsible for the victim's exposure.
A mesothelioma lawyer who is knowledgeable will go through your job history and asbestos product exposure to determine the defendants in your case. One or more companies could be defendants if they sold or manufactured asbestos-containing products on your worksite. These companies exposed workers to asbestos knowingly and failed to warn workers of the dangers until workers died from the disease.
Since a lot of asbestos producers went under due to the flood of lawsuits, the majority of asbestos cases now settle through trust funds. Trusts that have more than $30 billion in funds that can help mesothelioma sufferers. The lawyer of the victim can assist them in determining which trust fund to file their claim with.
The average settlement for mesothelioma is between $1 and $2 million. The more money the victim will receive, the more substantial the verdict by the jury. In the trial phase, mesothelioma lawyers will present evidence such as medical records, employment history, expert testimony and other documents to prove their client's case.
A mesothelioma case can be filed by victims who have been exposed to asbestos. They can make negligent asbestos companies accountable for the exposure of their loved ones to this disease that is preventable and offer them compensation to cover their medical expenses and lost earnings.
Mesothelioma can be a life-threatening, painful condition that isn't always cureable. Compensation from a successful mesothelioma attorneys suit can bring closure to families of the victims and ensure that they receive the financial help they require to live their lives as completely as they can.
Since mesothelioma can be so serious and deadly, the victims must act swiftly. Locating a law firm that has proven success in the pursuit of mesothelioma cases is crucial. Consult with relatives who have been diagnosed with the disease, your doctor or other sources for recommendations on attorneys in your region.
Trials
Many people suffering from asbestos-related diseases are awarded compensation through settlements. However, some cases will go to trial. A trial can last for several years and requires an impartial jury to determine the amount of the settlement. A judge could decide to speed up the process if the victim is in extremely serious condition. Trials are usually more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure in mesothelioma cases. They will also identify the companies and manufacturers responsible for asbestos exposure. Mesothelioma lawyers will attempt to recover damages on behalf of the victim and their family members. These damages include punitive and compensatory damages. In addition, they will seek to seek compensation for the victim's loss of enjoyment from life and income loss.
Most victims and their families prefer to settle their claims rather than going to trial. Settlements are usually less stressful than trials and may enable the victim to receive their compensation much earlier. However, a seasoned mesothelioma attorney will prepare for a trial, if needed, to maximize the amount of compensation their client receives.
Compensation for mesothelioma can help victims cover their medical bills, lost income and other documented expenses related to the disease. In some cases, compensation can cover funeral expenses. An attorney can determine the victim's entitlement to damages by examining his or her mesothelioma diagnoses or employment and military records, and family history. They can also examine asbestos trust funds to determine whether employers or manufacturers have compensated victims.
A legal team representing the asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. This could give veterans access to the best mesothelioma doctors in the world and additional financial support. However, seeking 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 most mesothelioma lawsuits the defendants would prefer not to see their case go through a full-blown trial. They are scared of the potential verdict amount especially if the case includes punitive damage. Additionally, the long history of asbestos companies being convicted will make it difficult for them to deny the liability in court.