How to File an Asbestos Lawsuit
You may be able bring a lawsuit in the event that you or someone you love has been diagnosed with a disease that is related to asbestos. An experienced mesothelioma lawyer can help you understand the options available to you and help begin the process.
In a mesothelioma-related case, the defendants are the asbestos-exposure companies. These companies may not exist anymore, but they could have established trusts that compensate victims.
Statute of limitations
A statute of limitations is a law that sets the maximum amount of time someone has to legally take legal action and file a lawsuit. This time frame can differ based on state and type of case. In the majority of personal injury cases, the statute of limitations starts to run when the accident or injury occurs. Asbestos victims are different in that they might not be aware of a serious disease like mesothelioma until years after exposure. It is essential to contact an attorney as soon following a diagnosis as soon as you can.
A qualified mesothelioma attorney will be able to determine the specifics of a victim's situation and make sure their legal rights are secured. When the lawyer is sure that they have a strong case they will file the appropriate compensation claim. This could be a personal injury lawsuit, wrongful death suit or an asbestos trust fund claim.
Asbestos victims must be aware of their filing dates and filing locations. Even when they do not meet an important deadline, a mesothelioma lawyer might be able to help victims explore other avenues for compensation. This could include additional lawsuit filing locations and asbestos trust fund claims.
It is also important to remember that a mesothelioma lawsuit may go through several stages before settling or trial. In the course of litigation, the victims and their mesothelioma attorneys must identify asbestos companies and products that are responsible. This could take months or even years to complete.
The attorneys will then collect evidence including medical records, employment history, and product identification. The attorneys must also calculate damages, which could include future medical expenses as well as lost income, emotional distress and loss of companionship. The lawyer will then determine the best strategy for achieving the highest amount of compensation for their client.
The exact mesothelioma settlement amounts are usually kept secret due to confidentiality agreements. However, some figures 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 due to asbestos-related lung cancer. This was the second settlement that this family received after a previous settlement in 2017. While these figures aren't representative of the mesothelioma payout but they do show the huge benefit that victims can derive from their claims.
How to File a Claim
Mesothelioma is a fatal illness that is complex and requires costly treatment can cause families to be in financial straits. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and support their loved ones. It also helps pay for funeral costs and expenses.
However, each case is unique and there are many aspects that can affect a claim's potential value. During a free mesothelioma case review, a knowledgeable lawyer will assess the impact asbestos exposure had on your health and decide on the best way to pursue compensation on your behalf.
A mesothelioma attorney will submit a claim for financial compensation with the responsible party which could be a multinational firm or an insurance company that has taken on the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist you in filling out the paperwork and ensuring that it is filed by the deadline in order to be in compliance with the law of the state.
The statute of limitations for each state sets a different time frame within which mesothelioma patients must take legal action. It is essential to speak with an attorney for mesothelioma as soon as you can, because if the statute of limitations passes and you are no longer 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-disciplinary legal team will assist you through every step, including gathering medical records, interviewing witnesses as well as conducting research and preparing for the trial.
Most asbestos cases settle prior to trial. However, if you are not satisfied with the settlement amount the lawyer will not hesitate to take the case to trial on behalf of you.
The mesothelioma compensation typically covers past and future medical costs, funeral expenses and lost wages, as well as loss of companionship and other losses incurred with the disease. Veterans suffering from mesothelioma or other asbestos-related diseases, should be eligible for VA benefits to help pay for treatment and care.
If you're a former soldier diagnosed with mesothelioma or other cancers, contact a national mesothelioma law firm to get a no-cost legal consultation. A dedicated team of mesothelioma lawyers will determine if you are qualified to file a mesothelioma suit against companies who exposed you to asbestos while serving in the military.
Settlements
Asbestos victims can receive compensation through negotiated settlements or verdicts. Both can help with the costs associated with treating mesothelioma, as as addressing other issues like loss of income and loss of life.
In a settlement that is negotiated by a manufacturer of asbestos, the company agrees to pay a victim a specific amount of money. Negotiations are carried out between the attorney of the victim and the asbestos company that is responsible for the victim's exposure.
A knowledgeable mesothelioma lawyer will go through your job background and asbestos exposure to identify the defendants 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 and did not warn workers of the dangers until their deaths from the disease.
Most asbestos cases are resolved through trust funds, since asbestos producers have gone bankrupt after being hit by lawsuits. Trusts that have more than $30 billion in funds that can help mesothelioma patients. The victim's attorney can assist them in determining which trust fund to file their claim with.
The median mesothelioma settlement ranges from between $1 million and $2 million. The higher the jury verdict, the more money the victim is likely to receive. During the trial phase, mesothelioma lawyers will present evidence like medical records, employment history, expert testimony and other evidence to support their client's case.
Despite exposure to asbestos, those affected are able to pursue justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing loved family members to this deadly disease and provide compensation to cover the cost of medical treatment and lost wages.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. Compensation from a successful mesothelioma lawsuit can bring closure to victims' families and ensure that they receive the financial support they need to live their lives as completely as they can.
The severity and fatality of mesothelioma requires victims to respond promptly. It is crucial to locate an attorney firm that has experience of successfully pursuing mesothelioma claims. Consult with relatives 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. However, some cases are eventually taken to trial. A trial could take a few years and require jurors to decide on the amount of the settlement. A judge could decide to accelerate the process in cases where the victim is in extremely serious condition. Trials typically result in greater amounts than settlements.
Attorneys will collect evidence to prove asbestos exposure during mesothelioma cases. They will also 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 as well as compensatory damages. Additionally, they will seek to recover compensation for the victim's loss of enjoyment in life and lost income.
The majority of victims and their families prefer to settle their claims rather than go to trial. Settlements are less stressful than trials and allow victims to receive their payouts earlier. A mesothelioma lawyer can prepare their client for a trial, if needed, to maximize the recovery of their client.
Compensation for mesothelioma lawsuits could aid victims in paying their medical expenses, lost income, and other expenses that are attributed to the disease. In certain cases, it can even cover funeral expenses. A lawyer can determine if a victim is eligible for compensation by looking over their mesothelioma diagnosis, work and military history and their family history. They can also review asbestos trust funds for the compensation of employers and manufacturers.
An asbestos victim's legal team may also look into seeking benefits from the Department of Veterans Affairs. Veterans will have access to the top mesothelioma experts in the world, and also additional financial aid. However, the benefits of the VA does not limit the rights of veterans to file an action against asbestos companies responsible for their exposure and mesothelioma.
In most mesothelioma cases, defendants aren't looking forward to a full-blown court trial. They are afraid of the potential verdict, particularly if a case is involving punitive damages. In addition, the long history of verdicts against asbestos companies will make it difficult for them to deny the liability in court.