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 file an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding the options available to you and help begin the process.
The defendants in a mesothelioma lawsuit are the companies who exposed you to asbestos. 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 amount of time allowed for someone to start a lawsuit or take legal action. The duration of this limitation varies according to the state and also the kind of case. In the majority of personal injury cases, the statute of limitations begins to run at the time the accident or injury occurs. However, asbestos sufferers are unique in the sense that many don't realize they suffer from mesothelioma or another serious illness until years after their exposure to the dangerous substance. It's important to contact an attorney as soon after a diagnosis as is possible.
A mesothelioma lawyer can assist patients determine the details of their case and ensure their rights are secured. Once the mesothelioma lawyer is certain they have a valid case, they can file the proper claim for compensation. This could be a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.
Asbestos victims must be aware of deadlines and places where they can file their claims. Even if they miss a deadline a mesothelioma attorney might be able to assist clients explore other avenues for compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is also crucial to keep in mind that mesothelioma lawsuits can go through many stages before settling or trial. During the process of litigation, the victims must collaborate with their mesothelioma attorneys to find responsible asbestos-related companies and their products. This could take months or even years to complete.
Then, the attorneys must gather evidence, which includes medical records, employment and labor history, and asbestos product identification. The attorneys must also calculate damages, which include future medical expenses, lost income, emotional distress, and loss of companionship. The attorney will decide on the best way to maximize compensation for their client.
Settlement amounts for mesothelioma are often kept secret due to confidentiality agreements. However, certain figures do become public from time to time. For instance, in 2018, the family of a Redding mechanic who passed away from asbestos-related lung cancer received an agreement worth $630,000 with multiple defendants. This was the second settlement after the payout in 2017. While these figures don't represent the total mesothelioma average but they do show the huge value that victims can receive from their claims.
How to File a Claim
Mesothelioma is a complex, terminal illness that requires expensive treatments and can put families in financial straits. The compensation from asbestos lawsuits can be used to pay for medical expenses that prolong life and provide support for loved ones. It also helps cover funeral costs and other expenses.
However, each case is unique, and there are numerous factors that may impact the value of a claim. When you receive a free mesothelioma claim review, a skilled lawyer will evaluate the extent to which asbestos exposure has affected your health and will determine the best method to seek compensation on your behalf.
A mesothelioma lawyer can submit a claim for financial compensation with the responsible party, which may include a multi-national corporation or an insurance company that has assumed responsibility for a bankruptcy asbestos manufacturer. The attorney will assist you complete the necessary documents and ensure that they are filed on time to comply with the laws of your state.
The statutes of limitation in each state set a different timeline within which mesothelioma patients must take legal actions. It is recommended that you seek out a mesothelioma lawyer as soon as you can because the time limit expires and you won't be able get compensation for your illness.
The process of bringing a mesothelioma case can take between two and four years. A multi-disciplinary team of lawyers will help you every step of the way, from gathering and analyzing medical records as well as interviewing witnesses, conducting research and getting ready for trial.
Most asbestos cases are settled with an agreement before going to trial. If you're not satisfied with the amount of settlement, your lawyer will not hesitate in taking your case to trial.
Mesothelioma compensation typically will cover future and past medical expenses, funeral costs as well as lost wages, loss of companionship, and other expenses related to the disease. Additionally, veterans who are diagnosed with mesothelioma, or any other asbestos-related illness should apply for benefits through the VA to help pay for their treatment and healthcare.
If you're a veteran diagnosed with mesothelioma, contact a national mesothelioma law firm for a no-cost consultation. A dedicated team of mesothelioma experts will determine if you're qualified to file a mesothelioma suit against the companies that exposed you to asbestos while serving in the military.
Settlements
Asbestos-related victims can be compensated through settlements or verdicts that are negotiated. Both can help cover the costs of treating mesothelioma, and also address other issues like loss of income or the quality of life.
In a settlement negotiated, an asbestos manufacturer agrees to pay a victim the amount they have agreed to. This is reached through negotiations between the lawyer of the victim and the asbestos company responsible for their exposure.
A mesothelioma lawyer will review your background and asbestos exposure to determine who the defendants in your case are. One or more companies could be the defendants if they sold or manufactured asbestos-containing products on your worksite. These companies exposed workers to asbestos knowingly and failed to warn workers of the dangers until workers died from the disease.
The majority of asbestos cases are resolved by trust funds since asbestos producers have gone bankrupt when they were inundated by lawsuits. Trusts are able to hold more than $30 billion to aid mesothelioma sufferers. The victim's mesothelioma attorney can assist them in determining which trust fund to file their claim with.
The average settlement for mesothelioma is between $1 million and $2 million. The more money the victim will receive, the more substantial the verdict by the jury. In the trial phase mesothelioma lawyers are required to present evidence such as medical records, employment history as well as expert testimony and other documents to prove their client's case.
Despite exposure to asbestos, those affected can still pursue justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing loved relatives to this ailment and seek compensation to pay medical expenses and lost wages.
Mesothelioma is an extremely painful, life-threatening disease that is not always cureable. The financial compensation resulting from a successful mesothelioma suit can bring closure to the families of the victims and provide them with the financial assistance they require to live their lives as completely as they can.
Because mesothelioma is so severe and deadly, the victims need to act fast. It is crucial to locate a law firm with experience of successfully seeking mesothelioma compensation claims. Ask your family members, doctor, or other sources for recommendations of attorneys in your area.
Trials
Many asbestos-related illnesses sufferers receive compensation through settlements. However some cases will go to trial. A trial can last for several years, and a jury must decide on the amount of compensation. If the victim is seriously sick, a judge could decide to accelerate the process. Trials typically result in greater payouts than settlements.
Attorneys will gather evidence to prove asbestos exposure during a mesothelioma case. They will also identify the companies and manufacturers who are responsible for this exposure. Mesothelioma attorneys will seek damages for the victim and their family. These damages include compensatory as well as punitive damages. They also seek compensation for the loss of income and enjoyment of life.
The majority of victims and their families prefer to settle rather than go to trial. Settlements are less stressful than trials and enable victims to receive their money faster. A mesothelioma lawyer will prepare their client for trial, if needed, to maximize the amount of compensation received by their client.
The money received from a mesothelioma cancer case can assist victims in paying 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 a victim's eligibility to claim damages by examining their mesothelioma diagnosis, military and employment history and their family history. They can also look into asbestos trust funds to see if manufacturers or employers have compensated victims.
A legal team representing an asbestos victim may also look into pursuing benefits through the Department of Veterans Affairs. This can give veterans access to some of the most renowned mesothelioma specialists around the world, as well as financial assistance. The VA does not limit 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 their case go through an entire trial. They are scared of the possible verdict amount especially if the case is involving punitive damages. The long history of verdicts against asbestos-related companies makes it hard to deny liability during trial.