How to File an Asbestos Lawsuit
You may be able to file a lawsuit if you or someone you know has been diagnosed with a disease related to asbestos. A mesothelioma lawyer can help you determine your options and begin the process.
In a mesothelioma-related case the defendants are asbestos exposure companies. These companies may no longer exist but may have established trusts to compensate the victims.
Statute of Limitations
A statute of limitations is a law that defines the time limit for when one is required to take legal action and bring a lawsuit. This time frame can differ based on state and case type. For the majority of personal injury cases the statute of limitation begins to run at the date of the accident or injury. However, asbestos-related victims are unique in the sense that many don't know they have mesothelioma, a serious disease, until a long time after exposure to the deadly substance. It is crucial to speak with an attorney as soon after a diagnosis as is possible.
A mesothelioma attorney can help victims understand the specifics of their case and ensure their rights are secured. If the lawyer is convinced 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 victims need to be aware of deadlines and locations where they can file claims. Even if they miss the deadline, a mesothelioma lawyer could be able to help them find alternative options for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.
It is also important to remember that mesothelioma lawsuits may go through several stages before reaching a settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos companies and products that are accountable. This may take months or even years to complete.
The attorneys then need to gather evidence including medical records, employment histories, and product identification. The attorneys must also calculate damages, which could include future medical expenses and lost income, as well as emotional distress and loss of companionship. The lawyer will determine the best way to maximize the compensation of their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma compensation from being revealed. However, certain figures do get public from time to time. For instance, in the year 2018, the family of a Redding mechanic who died from lung cancer caused by asbestos received an agreement worth $630,000 with multiple defendants. This was the second settlement for the family following a settlement in 2017. While these figures aren't representative of the mesothelioma average, they illustrate the significant value that victims can receive from their claims.
Making a Claim
Mesothelioma, a terminal disease that is complicated and requires expensive treatment, can put families in financial straits. The compensation from an asbestos lawsuit can be used to pay medical bills that can prolong the life of a patient and support loved relatives. It also helps cover funeral costs and other expenses.
Each case is unique and a variety of factors can impact the value of any claim. During a free review of your mesothelioma lawsuit an experienced lawyer will assess your asbestos exposure and the most effective way to pursue compensation for you.
A mesothelioma lawyer can make an action for financial compensation with the responsible party, which may include a multi-national company or an insurance company that has assumed liability from a bankrupt asbestos manufacturer. The attorney will help you complete the required documents and ensure that they are completed in time to be in compliance with state laws.
The statute of limitations for each state has a specific date by which mesothelioma sufferers must take legal action. It is recommended that you seek out a mesothelioma lawyer as soon as you can, because the statute of limitation will run out and you'll be unable to recover compensation for your illness.
The process of bringing a mesothelioma case can take between two and four years. A multi-disciplined legal team will aid you through every step in the process, from collecting medical records, interviewing witnesses, conducting research, and preparing for the trial.
Most asbestos cases settle before trial. If you aren't satisfied with the amount of settlement, your lawyer will not hesitate in taking your case to trial.
Mesothelioma compensation typically covers future and past medical expenses, funeral costs, lost wages, loss of companionship and other expenses related to the disease. Veterans with mesothelioma, or other asbestos-related diseases, should be eligible for VA benefits to help pay for treatment and care.
Contact a national law firm that specializes in mesothelioma to arrange a free consultation. A team of mesothelioma attorneys will determine if your mesothelioma lawsuit may be filed against a company who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims may receive compensation via negotiated settlements or verdicts. Both can help cover the cost of treating mesothelioma and address other issues, such as loss of income or loss of life.
In a settlement negotiated in a settlement, an asbestos manufacturer will pay a victim a certain amount. 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 the 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 but did not warn workers of the dangers until after their deaths due to the disease.
The majority of asbestos cases are resolved by trust funds since many asbestos producers went bankrupt when they were inundated by lawsuits. Trusts are able to hold more than $30 billion in funds that can help mesothelioma sufferers. The lawyer of the victim can help them determine which trust fund to submit their claim to.
The average settlement for mesothelioma is between $1 million and $2 million. The more money the victim will receive, the greater the verdict by the jury. During the trial, mesothelioma lawyers will provide evidence, such as medical records, employment history and expert witness testimony and other evidence, to prove their clients' case.
A mesothelioma lawsuit can be filed by victims who have been exposed to asbestos. They are able to hold negligent asbestos companies accountable for exposing their loved family members to this deadly disease and provide compensation to cover medical expenses and lost wages.
Mesothelioma is an extremely painful, life-threatening disease that isn't always curable. The compensation from a mesothelioma lawsuit can bring closure to the victims families and ensure that they receive the financial support required to live their lives as fully as they can.
Because mesothelioma is a serious and deadly, the patients need to act fast. Locating a law firm that has a successful track record in pursuing mesothelioma cases is crucial. Ask your family members, your doctor, or any other sources to recommend lawyers in your area.
Trials
Many asbestos-related illness victims receive settlements to compensate them. However, some cases are eventually taken to trial. A trial can last several years, and a jury must decide the amount of compensation. If the victim is severely sick, a judge could decide to speed up the process. Trials are often more expensive than settlements.
In a mesothelioma suit attorneys compile evidence to prove asbestos exposure. They will identify the manufacturers and companies who are responsible for this exposure. Mesothelioma lawyers will seek damages for the victim as well as their family. These damages include punitive and compensatory damages. Additionally, they will seek to get compensation for the victim's loss of enjoyment in life and income loss.
Most victims and their families prefer to settle than to go to trial. Settlements are less stressful than trials and enable victims to receive their compensation sooner. A mesothelioma lawyer can prepare their client for a trial if necessary to maximize the recovery of their client.
Compensation for mesothelioma could assist patients with medical expenses, lost income, and other documented expenses related to the disease. In some cases, it may even pay for funeral expenses. A lawyer can determine if a victim is eligible to claim damages by examining their mesothelioma diagnosis, their military and employment history, and their family history. They can also examine asbestos trust funds for compensation from employers and manufacturers.
A legal team representing the asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. Veterans have access to the top mesothelioma experts in the world, as well as additional financial support. The VA will not restrict the right of a veteran to sue asbestos companies who caused their exposure and mesothelioma.
In most mesothelioma lawsuits the defendants would prefer not to see a case reach a full-blown trial. They are scared of the potential verdict particularly if the trial is involving punitive damages. The long history of verdicts against asbestos-related companies makes it difficult to deny liability during trial.