How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related disease you might be able to make an asbestos lawsuit. A mesothelioma lawyer who is experienced can assist you in understanding the options available to you and help begin the process.
The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies often no longer exist however, they could have established trusts to compensate victims.
Statute of Limitations
A statute of limitations is a law that sets the maximum amount of time one has to legally take legal action and file a lawsuit. This time frame can differ based on state and type of case. In most personal injury cases, the statute of limitations clock begins to tick at the date of the accident or injury. However, asbestos victims are unique in that many don't realize they suffer from mesothelioma or another serious illness until a long time after exposure to the deadly substance. This is why it's so important to contact an attorney for mesothelioma as soon as possible after the diagnosis.
A qualified mesothelioma lawyer will be able to determine the specifics of a patient's case and ensure their legal rights are secured. When the lawyer is sure that they have a strong case they will make the appropriate compensation claim. This could be a personal injuries lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos victims need to be aware of deadlines and places where they can file claims. Even even if they fail to meet a deadline an attorney for mesothelioma may be able to assist victims explore other avenues for compensation. This includes filing additional lawsuits or claims against the asbestos trust fund.
It is also important to remember that a mesothelioma lawsuit can go through many stages before reaching a settlement or trial. During the course of litigation, mesothelioma victims and their attorneys must identify asbestos companies and products that are responsible. This may take months or even years to complete.
The attorneys then have to gather evidence, which includes medical records, labor and employment history, and asbestos product identification. The attorneys also need to calculate damages, which could include future medical expenses as well as lost income, 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 usually kept secret due to confidentiality agreements. However, occasionally certain amounts are made public. For example, in 2018 the family of a Redding mechanic who passed away from lung cancer caused by asbestos was awarded a $630,000 settlement with multiple defendants. This was the second settlement for the family following a prior payout in 2017. While these figures aren't representative of the mesothelioma average but they do show the huge value that patients can get from their claims.
How to File a Claim
Mesothelioma, a terminal disease that is complicated and requires costly treatment can leave families in financial distress. The compensation from an asbestos lawsuit could be used to pay for medical expenses that prolong life and support loved relatives. It also helps pay for funeral costs and expenses.
Each case is unique and there are many factors that can impact the value of an claim. In a no-cost mesothelioma attorneys case 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 file an action for financial compensation with the responsible party which may include a multi-national firm or an insurance company that has assumed the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist you complete the required paperwork and ensure that it is timely filed to ensure compliance with the laws of your state.
Each state's statute of limitation sets a different time frame within which mesothelioma patients must take legal action. It is crucial to consult with an attorney for mesothelioma as soon as you can because once the statute of limitations expires, you will not be in a position to claim any compensation for your condition.
The mesothelioma lawsuit filing process typically takes between two and four years from beginning to the end. A multi-disciplinary team of lawyers will assist you throughout the way, including collecting and analyzing medical records, interviewing witnesses, conducting research and getting ready for trial.
The majority of asbestos cases settle for an agreement prior to going to trial. If you are not happy with the settlement amount, your lawyer will not hesitate to take your case to trial.
Mesothelioma compensation usually will cover future and past medical expenses, funeral costs as well as lost wages, loss of companionship, and other losses related to the disease. In addition veterans who are diagnosed with mesothelioma or another asbestos-related illness should apply for benefits through the VA to pay for their treatment and medical expenses.
If you're a veteran diagnosed with mesothelioma, call a national mesothelioma law firm to get a no-cost legal consultation. A team of mesothelioma lawyers will determine if you are eligible to file a mesothelioma claim against companies that exposed you to asbestos while working in the military.
Settlements
Asbestos-related victims can be compensated through negotiated settlements or judgments. Both can assist in covering the cost of treating mesothelioma, and also address other issues, such as loss of income or quality of life.
In a settlement that is negotiated the asbestos manufacturer will compensate the victim with the amount they have agreed to. This is reached through discussions between the victim's lawyer and the asbestos manufacturer responsible for their exposure.
A mesothelioma lawyer who is knowledgeable will examine your employment background and asbestos exposure to identify the defendants in your case. One or more companies could be the defendants if they sold or manufactured asbestos-containing products at your workplace. These companies often knowingly exposed workers to asbestos but did not warn workers of the dangers until after their deaths from the disease.
Because many of the asbestos manufacturers went bankrupt after they were inundated with lawsuits, most asbestos cases now settle through trust funds. Trusts have more than $30 billion to help mesothelioma sufferers. The lawyer of the victim can assist them in determining which trust fund they should submit their claim to.
The average mesothelioma settlement is between $1 million and $2 million. The more money a victim can receive, the greater the jury verdict. During the trial mesothelioma lawyers present evidence such as medical records, employment histories and expert testimony, as well as other evidence to support their client's case.
Despite exposure to asbestos, those affected are able to seek justice by filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for exposing their loved ones to this avoidable illness and offer compensation to cover the cost of medical treatment and lost wages.
Mesothelioma is an extremely painful, life-threatening disease that is not always cureable. Compensation from a successful mesothelioma lawsuit can bring closure to families of the victims and provide them with the financial help they require to live their lives as completely as they can.
The seriousness and death of mesothelioma demands that patients take action swiftly. It is important to find a law firm with an established track record of success in pursuing mesothelioma claims. Consult with family members who have been diagnosed with the disease, your physician or other sources for recommendations on attorneys in your region.
Trials
Many sufferers of asbestos-related illnesses receive compensation via settlements. Some cases do end in the courtroom. A trial could take a few years and require jurors to decide on the amount of the award. If the victim is seriously sick, a judge might decide to accelerate the process. Trials typically result in greater amounts than settlements.
During a mesothelioma lawsuit attorneys compile evidence to prove exposure to asbestos. They will identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will seek damages for the victim as well as their family. These damages include punitive as well as compensatory damages. They will also seek compensation for the loss of income and enjoyment of life.
Most victims and their family members prefer to settle their claims rather than go to trial. Settlements are less stressful than trials and enable victims to receive their compensation sooner. However, an experienced mesothelioma lawyer will prepare for a trial if necessary to maximize their client's compensation.
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 certain cases, it may even pay for funeral expenses. A lawyer can determine a victim's eligibility for compensation by looking over their mesothelioma diagnose, their work and military history and their family history. They can also review asbestos trust funds for compensation from employers and manufacturers.
The legal team representing asbestos victims will also consider pursuing benefits from the Department of Veterans Affairs. Veterans have access to the best mesothelioma experts in the world, as well as additional financial support. However, seeking benefits from the VA doesn't limit a veterans right to bring a lawsuit against the asbestos-related 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 are scared of the possible verdict amount particularly if the trial is involving punitive damages. The long record of verdicts involving asbestos-related companies makes it hard to prove their liability in trial.