How to File an Asbestos Lawsuit
You may be able make a claim when 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 the options available to you and help start the process.
In a mesothelioma-related case the defendants are asbestos-exposure companies. These companies usually are no longer in existence however they may have set up trusts to pay victims.
Statute of limitations
A statute of limitation is a law that sets the maximum time limit for someone 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 begins to run at the time of the accident or injury. However, asbestos-related victims are different in that a lot of them don't realize they suffer from a serious illness like mesothelioma until a long time after exposure to the deadly substance. It's important to contact an attorney as soon after receiving a diagnosis as is possible.
A mesothelioma lawyer who is experienced will be able to determine the specifics of a victim's situation and ensure their legal rights are protected. After the mesothelioma attorney is confident they have a strong case and is confident that they have a strong case, they can file the proper claim for compensation. This could be a personal injuries lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos victims should be aware of their filing deadlines and locations. Even if victims fail to meet the deadline, a mesothelioma lawyer might be able to assist them find alternative options for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.
It is also important to keep in mind that mesothelioma lawsuits can go through many stages before reaching a settlement or trial. During the course of litigation, mesothelioma victims and their attorneys must determine asbestos-related companies and products that are accountable. The process can take months or years.
Then, the attorneys must gather evidence, including medical records, labor and employment history as well as asbestos product identification. Attorneys will also need to determine the amount of damages. This includes future medical expenses as well as loss of income emotional distress, loss of companionship. The lawyer will then decide the best strategy for achieving the highest amount of compensation for their client.
The exact mesothelioma settlement amounts are often kept private because of confidentiality agreements. However, some figures become public from time to time. In 2018 the family received $630,000 from multiple defendants for the death of an Redding mechanic who died of asbestos-related lung cancer. This was the second settlement for this family after a previous settlement in 2017. While these numbers don't represent the total average mesothelioma settlement amount but they do show the huge value that patients can get from their claims.
Filing a Claim
Mesothelioma is a fatal illness that is difficult to treat and requires costly treatment can cause families to be in financial straits. The benefits of asbestos lawsuits can be used to pay for medical expenses that prolong life and support loved ones. It also helps with funeral costs and other expenses.
Each case is unique, and there are many aspects that can affect a claim's potential value. In a free evaluation 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 may include a multi-national firm or an insurance company that has taken on liability from a bankrupt asbestos manufacturer. The lawyer will assist you in completing the paperwork and ensure that it is filed within the deadline set by state law.
Each state's statute of limitations sets a different time frame within which mesothelioma patients have to take legal action. It is crucial to consult with a mesothelioma lawyer as soon as you can, because if the statute of limitations expires the victim will not be legally entitled to any compensation for your illness.
The process of submitting a mesothelioma lawsuit can take between two and four years. A multi-disciplinary legal team will aid you through every step, including collecting medical records, interviewing witnesses, conducting research, and preparing for the trial.
The majority of asbestos cases settle before trial. If you're not satisfied with the settlement amount, your lawyer will not hesitate to take your case to trial.
Mesothelioma compensation usually covers future and past funeral expenses, medical expenses and lost wages, as well as 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 pay for treatment and care.
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 team of mesothelioma attorneys lawyers 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-related victims can be compensated through negotiated settlements or verdicts. Both can help cover the costs of treating mesothelioma and address other issues such as loss of income or loss of life.
In a negotiated settlement an asbestos producer will pay a victim an amount that is negotiated. This is reached through negotiations between the victim's lawyer and the asbestos company responsible for their exposure.
A mesothelioma lawyer who is knowledgeable will go through your job history and asbestos exposure to determine the defendants in your case. The defendants could be a number of companies that produced or sold asbestos-containing products at your workplace site. These companies were often aware of the dangers of exposing workers to asbestos and did not inform them of the dangers until their deaths due to the disease.
Since many asbestos manufacturers went bankrupt after they were inundated with lawsuits, the majority of asbestos cases now settle through trust funds. These trusts hold over $30 billion to aid mesothelioma sufferers. The victim's attorney can help them determine which trust fund to file their claim with.
The average settlement for mesothelioma is between $1 million and $2 million. However, the higher a jury verdict, the more the victim will receive. In the trial phase mesothelioma lawyers present evidence such as medical records, employment histories and expert testimony, as well as other documentation to prove their client's case.
Even after exposure to asbestos, victims can still pursue justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing their loved family members to this deadly disease and seek compensation to pay medical expenses and lost wage.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. The financial compensation resulting from a mesothelioma attorneys-related case can bring closure to victims families and ensure that they receive the financial support required to live as full as they can.
Because mesothelioma is a serious and deadly, the patients need to act fast. It is essential to find an attorney firm that has an established track record of success in seeking mesothelioma compensation claims. Ask your family members, your doctor, or other sources to recommend lawyers in your region.
Trials
Many asbestos-related illnesses sufferers receive settlements to compensate them. However some cases are eventually taken to trial. A trial can last for several years and require jurors to decide on the award amount. A judge may decide to accelerate the process if the victim is in very serious condition. Trials usually result in higher payouts than settlements.
During a mesothelioma lawsuit, attorneys will compile evidence to prove exposure to asbestos. They will also determine the companies and manufacturers responsible for asbestos exposure. Mesothelioma attorneys will seek damages for the victim and their family members. These damages include punitive and compensatory damages. They also seek compensation for the victim’s lost income and enjoyment of life.
The majority of victims and their family members prefer to settle rather than go to trial. Settlements are less stressful than trials and permit victims to receive their compensation sooner. A mesothelioma lawyer can prepare their client for trial, if needed, to maximize the recovery of their client.
The money received from a mesothelioma cancer case can help patients pay for their medical bills, lost wages and other expenses that are attributed to the disease. In certain cases, compensation can cover funeral expenses. A lawyer can determine whether a victim is eligible for compensation by looking over their mesothelioma diagnosis, their employment and military histories and their family history. They can also look into asbestos trust funds to determine whether employers or manufacturers have paid compensation.
A legal team representing an asbestos victim will also consider pursuing benefits through the Department of Veterans Affairs. Veterans will have access to the top mesothelioma specialists around the world, and also additional financial assistance. However, seeking benefits from the VA does not restrict the right of a veteran to bring an action against 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 will be scared of the potential verdict especially if the case includes punitive damage. The long history of verdicts in favor of asbestos-related companies makes it hard for them deny liability during trial.