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 bring an asbestos lawsuit. A mesothelioma lawyer can help you know your options and begin the process.
The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies often no longer exist, but they may have established trusts to 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. The time limit varies by state and type of case. In most personal injury cases the statute of limitations starts to run at the point that the accident or injury occurs. However, asbestos-related victims are unique in the sense that many don't know they have a serious illness like mesothelioma until a long time after exposure to the dangerous substance. This is why it's so important to contact an attorney for mesothelioma as soon as possible after a diagnosis.
A mesothelioma lawyer can help patients determine the details of their case and ensure their rights are protected. After the mesothelioma attorney is certain they have a valid case, they can file the appropriate claim for compensation. This could be a personal injury lawsuit or wrongful death lawsuit, or an asbestos trust fund claim.
Asbestos victims must be aware of deadlines and locations where they can file their claims. Even if they miss the deadline, a mesothelioma lawyer may be able to assist victims explore other avenues for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.
It is also crucial to keep in mind that a mesothelioma lawsuit may go through several stages before reaching a settlement or trial. During the process of litigation, victims must work with their mesothelioma lawyers to find responsible asbestos-related companies and products. This process can be a long and lengthy process that can take months or years.
Then, the attorneys must gather evidence, which includes medical records, labor and employment history, and asbestos product identification. The attorneys will also have to calculate damages. This includes future medical expenses and income loss, emotional distress, and loss of companionship. The attorney will decide on the best method to maximize the amount of compensation they can offer their client.
Exact mesothelioma settlement amounts are often kept secret because of confidentiality agreements. Sometimes, however, certain figures are made public. In 2018 the family received $630,000 from a variety of defendants for the death of an Redding mechanic from asbestos-related lung cancer. This was the second settlement that this family received following a payout in 2017. These figures don't represent the amount of settlement that is typical for mesothelioma, but they do illustrate the value that victims receive.
How to File a Claim
Mesothelioma is a nebulous, terminal illness that requires expensive treatments and often puts families under financial strain. The money derived from asbestos lawsuits can be used to pay medical bills that extend life and provide support for loved relatives. It also helps pay funeral costs and other expenses.
Each case is different and there are many factors that can impact the value of an claim. During a free mesothelioma case review, a knowledgeable lawyer will determine the extent to which asbestos exposure has affected your health and determine the best method to pursue compensation on your behalf.
A mesothelioma lawyer will make a claim for financial compensation with the responsible party, which may include a multi-national firm or an insurance company that has assumed responsibility for a bankruptcy asbestos manufacturer. The attorney will assist in filling out the paperwork and ensure that it is filed before the deadline set by state law.
The statutes of limitations for each state define a specific timeframe within which mesothelioma victims have to take legal action. It is recommended that you consult with a mesothelioma attorney as early as you can, because the statute of limitation expires and you won't be able recover compensation for your condition.
The mesothelioma lawsuit process typically takes between two and four years from beginning to the end. A multi-disciplined team of lawyers will be there to assist you throughout the way, from collecting and analyzing medical records and interviews with witnesses conducting research, and making preparations for trial.
Most asbestos cases reach an agreement prior to going to trial. However, if you are not satisfied with the amount you have received the lawyer will not hesitate to take the case to trial on your behalf.
Mesothelioma compensation usually covers past and future medical expenses, funeral costs, lost wages, loss of companionship and other expenses related to the disease. Additionally those who have been who are diagnosed with mesothelioma, or any other asbestos-related illness should seek benefits through the VA to help pay for their treatment and healthcare.
If you're a former soldier diagnosed with mesothelioma or other cancers, contact mesothelioma lawyers from across the country for a no-cost consultation. A dedicated team of mesothelioma experts will determine if your qualified to file a mesothelioma lawsuit against the companies that exposed you to asbestos during your time in the military.
Settlements
Asbestos victims may receive compensation through negotiated settlements or verdicts. Both can help cover the costs of treating mesothelioma, and also address other issues such as loss of income or the quality of life.
In a negotiated settlement, an asbestos manufacturer agrees to compensate a victim with a negotiated amount of money. Negotiations are conducted between the victim's lawyer and the asbestos company that is responsible for the victim's exposure.
A mesothelioma lawyer will look at your work history and asbestos exposure to determine who the defendants are in your case. The defendants could be one or more companies that manufactured or sold asbestos-containing products on your work site. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until workers died from the disease.
Since many asbestos manufacturers went bankrupt after they were inundated with lawsuits, most asbestos cases are settled through trust funds. Trusts are able to hold more than $30 billion to aid mesothelioma sufferers. The victim's attorney can assist them in determining which trust fund they should submit their claim to.
The average settlement for mesothelioma is between $1 and $2 million. The more money a victim can receive, the more substantial the jury verdict. During the trial, mesothelioma attorneys will provide evidence, including medical records and employment history, expert witness testimony, and other documents to prove their clients claim.
Even after exposure to asbestos, victims can still pursue justice by filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for the exposure of their loved ones to this deadly disease and offer them compensation to cover their medical expenses and lost wages.
Mesothelioma is a painful, life-threatening condition that isn't always cureable. Compensation from a successful mesothelioma lawsuit can bring closure to families of the victims and ensure that they receive the financial help they require to live their lives as full as they can.
The severity and fatality of mesothelioma requires victims to respond swiftly. It is important to find an attorney firm that has an established track record of success in seeking mesothelioma compensation claims. Ask your family members, doctor, or other sources for recommendations of attorneys in your area.
Trials
Many victims of asbestos-related illnesses receive compensation via a settlement. However some cases are eventually taken to trial. A trial can last for several years, and a jury must determine the amount of compensation. If the victim is extremely sick, a judge might decide to accelerate the process. Trials are often more expensive than settlements.
During a mesothelioma lawsuit, attorneys will compile evidence to prove asbestos exposure. They will also identify the companies and manufacturers responsible for that exposure. Mesothelioma lawyers will seek to recover damages for both the victim and their family. These damages include punitive as well as compensatory damages. In addition, they will seek to get compensation for the victim's loss of enjoyment from life and the loss of income.
The majority of victims and their families prefer to settle rather than go to trial. Settlements tend to be less stressful than trials and can enable the victim to receive their compensation earlier. A mesothelioma lawyer can prepare their client for a trial if necessary to maximize the compensation of their client.
The compensation from a mesothelioma lawsuit can help patients pay for their medical bills, lost wages and other expenses that are associated with the disease. In some instances, it could even pay for funeral expenses. A lawyer can determine if the victim's entitlement to damages by reviewing his or her mesothelioma-related diagnoses as well as employment and military histories and family histories. They can also check asbestos trust funds to determine whether employers or manufacturers have compensated victims.
A legal team representing an asbestos victim may also be able to pursue benefits through the Department of Veterans Affairs. Veterans have access to the most reputable mesothelioma experts in the world, and also additional financial support. The VA will not limit the right of a veteran to sue asbestos companies which caused their exposure, and mesothelioma.
In most mesothelioma lawsuits, defendants will not want to see the case progress to an entire trial. They are afraid of the potential verdict, especially if a trial is involving punitive damages. The long history of verdicts involving asbestos-related companies makes it hard to prove their liability in trial.