How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related condition and you are eligible, you could be able to make an asbestos lawsuit. An experienced mesothelioma lawyer can help you understand your options and help you start the process.
In a mesothelioma case the defendants are asbestos exposure companies. These companies could no longer exist but may have established trusts that compensate victims.
Statute of limitations
A statute of limitation is a law which sets the maximum period of time for a person to file a lawsuit or take legal action. This time frame can differ based on the state and the type of case. In most personal injury cases the statute of limitations begins to run at the time the accident or injury occurs. However, asbestos-related victims are different in that a lot of them do not realize they have mesothelioma or another serious illness until years after exposure to the dangerous substance. This is why it's so important to speak with an attorney for mesothelioma immediately following the diagnosis.
A qualified mesothelioma attorney can determine all specifics of a patient's case and ensure their rights are protected. When the lawyer is sure that they have a solid case they will file the appropriate compensation claim. It could be a personal injury lawsuit, wrongful deaths suit or asbestos trust fund claim.
Asbestos victims should be aware of their filing locations and deadlines. Even if they miss a deadline, a mesothelioma lawyer may be able to assist them explore other avenues of compensation. This includes filing additional lawsuits and making claims against the asbestos trust fund.
It is also important to remember that mesothelioma lawsuits can go through a variety of stages before reaching a settlement or trial. During the litigation, plaintiffs and their mesothelioma lawyers must identify asbestos companies and products that are responsible. This process can take months or even years.
The attorneys should collect evidence, such as medical records, employment and labor history as well as asbestos product identification. The attorneys must also determine damages, which can include future medical expenses and lost income, as well as emotional distress and loss of companionship. The attorney will decide on the best way to maximize the amount of compensation they can offer their client.
The exact mesothelioma settlement amounts are often kept secret because of confidentiality agreements. However, some figures do become public from time to time. In 2018, the family received $630,000 from multiple defendants for the death of an Redding mechanic due to asbestos-related lung carcinoma. This was their second settlement after a payout in 2017. These figures don't represent the average settlement amount for mesothelioma, but they do show the value that patients receive.
Filing a Claim
Mesothelioma is a nebulous, terminal illness that requires costly treatments and can put families under financial strain. The compensation from an asbestos lawsuit can be used to pay medical expenses that prolong life and help loved ones. It also helps with funeral costs and other expenses.
Each case is different, and there are many factors that may influence the value of a claim. During a free review of your mesothelioma claim, an experienced lawyer will determine your asbestos exposure and the most effective way to pursue compensation for you.
A mesothelioma lawyer will make an action for financial compensation with the responsible party which could be a multinational company or an insurance company who has assumed responsibility for a bankruptcy asbestos manufacturer. The attorney will assist you in filling out the paperwork and ensure that it is filed by the deadline set by the law of the state.
The statutes of limitation in each state provide a distinct timeframe within which mesothelioma victims have to take legal action. It is recommended that you seek out a mesothelioma lawyer as early as you can, because the statute of limitation will run out and you'll be unable to get compensation for your condition.
The process of bringing a mesothelioma case can take between two and four year. A multi-disciplinary legal team will help you through every step, including gathering medical records, interviewing witnesses conducting research, and preparing for trial.
Most asbestos cases settle prior to trial. However, if you're not satisfied with the amount of settlement, your lawyer will not hesitate to go to trial on your behalf.
Compensation for mesothelioma usually covers past and future medical expenses, funeral expenses, lost wages, loss companionship, and other losses associated with the disease. Veterans suffering from mesothelioma, as well as other asbestos-related illnesses, must also apply for VA benefits to help pay for treatment and medical expenses.
Contact a law firm in the United States that specializes in mesothelioma for a free consultation. A dedicated team of mesothelioma attorneys will determine if you're qualified to file a mesothelioma suit against the companies that exposed you to asbestos during your time in the military.
Settlements
Asbestos-related victims can be compensated through settlements or verdicts that are negotiated. Both of these can help pay for the cost of treating mesothelioma as well as other issues such as loss of income or quality of life.
In a negotiated settlement the 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 accountable for their exposure.
A mesothelioma lawyer will look at your background and asbestos exposure to determine who the defendants in your case are. The defendants could be any of the companies that produced or sold asbestos-containing products at your workplace site. These companies often knowingly exposed workers to asbestos but did not inform them of the dangers until their deaths due to the disease.
Since a lot of asbestos producers went under after they were inundated with lawsuits, the majority of asbestos cases are now settled using trust funds. Trusts are able to hold more than $30 billion to help mesothelioma sufferers. Lawyers for the victim can help them determine which trust fund they should make a claim with.
The average mesothelioma settlement is $1 million to $2 million. However, the larger a jury verdict, the more the victim will receive. During the trial phase, mesothelioma lawyers will provide 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 seek justice by filing mesothelioma lawsuits. They can hold negligent asbestos firms accountable for exposing their loved ones to this avoidable illness and offer compensation to cover medical expenses and lost wage.
Mesothelioma can be an extremely painful, life-threatening condition that isn't always curable. The financial compensation resulting from a mesothelioma lawsuit that is successful will bring closure to victims' families and ensure they get the financial assistance they require to live their lives as completely as they can.
Because mesothelioma is so severe and deadly, the patients must act quickly. Finding a law firm that has a track record of success in pursuing mesothelioma cases is crucial. Ask relatives who have been diagnosed with the disease, your doctor or other sources for recommendations on lawyers in your area.
Trials
Many victims of asbestos-related illnesses are awarded compensation through a settlement. However, some cases are eventually taken to trial. A trial can last for several years and a jury has to determine the amount of compensation. A judge could decide to accelerate the process in cases where the victim is in very serious situation. Trials can be more expensive than settlements.
Attorneys will collect evidence to prove asbestos exposure in a mesothelioma case. They will also identify the companies and manufacturers responsible for the asbestos exposure. Mesothelioma lawyers will try to recover damages for both the victim and their families. These damages can include compensatory and punitive 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 less stressful than trials and allow victims to receive their payouts 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 assist patients with medical expenses, lost income, and other expenses that are related to the disease. In certain cases, compensation may cover funeral expenses. An attorney can determine the victim's eligibility to receive damages by looking over the mesothelioma diagnosis or employment and military records and family histories. They can also look over asbestos trust funds for compensation from manufacturers and employers.
An asbestos victim's legal team will also think about seeking benefits from the Department of Veterans Affairs. Veterans will have access to the most reputable mesothelioma specialists in the world, and also additional financial aid. However, seeking benefits from the VA doesn't limit the right of a veteran to file a lawsuit against the asbestos companies responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits, defendants will not want to see a case reach a full-blown trial. They are scared of the potential verdict, especially if a trial involves punitive damages. The long record of verdicts against asbestos-related companies makes it difficult for them deny liability during trial.