How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related illness and you are eligible, you could be able to bring 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 who exposed you to asbestos. These companies may no longer exist but may have established trusts that compensate victims.
Statute of limitations
A statute of limitations is a law that sets the time limit for when one has to take legal action and bring a lawsuit. The time limit is different for each state and also the kind of case. For most personal injury cases the statute of limitation clock begins to tick at the time of the injury or accident. Asbestos victims are different in that they may not be aware of a serious condition such as mesothelioma for a long time after exposure. This is why it's so important to speak with mesothelioma lawyers as soon as you can after an announcement of diagnosis.
A mesothelioma lawyer can help victims determine the specifics of their case and ensure their legal rights are secured. Once the mesothelioma lawyer is confident they have a strong case, they can file the appropriate 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 the deadlines and locations where they can file claims. Even when they do not meet the deadline, a mesothelioma lawyer might be able to help victims explore other avenues for compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is crucial to keep in mind that mesothelioma cases can undergo several stages prior to a settlement or a trial. During the litigation, victims and their mesothelioma attorneys must identify asbestos-related companies and products responsible. This process can be a long and lengthy process that can take months or years.
The attorneys will then collect evidence such as medical records, employment histories and product identification. The attorneys will also have to calculate damages. This includes future medical expenses as well as loss of income, emotional distress, and loss of companionship. The attorney will decide on the best strategy to maximize the amount of compensation they can offer their client.
Settlement amounts for mesothelioma are often kept secret due to confidentiality agreements. Sometimes, however, certain figures are released. In 2018 the family received a settlement of $630,000 from multiple defendants for the death of an Redding mechanic from asbestos-related lung cancer. This was the second settlement for this family following a settlement in 2017. While these numbers don't represent the total mesothelioma payout, they illustrate the significant benefit that victims can derive from their claims.
How to File a Claim
Mesothelioma is a debilitating illness that is complex and requires expensive treatment, can put families in financial trouble. Compensation from an asbestos lawsuit allows patients to pay for life-long medical expenses and provide for their loved family members. It also helps with funeral costs and other expenses.
Every case is unique and a variety of factors can impact the value of an claim. During a free mesothelioma case review, an experienced lawyer will determine the extent to which asbestos exposure has affected your health and determine the best avenue to claim compensation on behalf of you.
A mesothelioma attorney will submit a claim 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 necessary paperwork and ensure it is timely filed to ensure compliance with the state's laws.
The statutes of limitations for each state set a different timeline within which mesothelioma victims must take legal actions. You should consult a mesothelioma attorney as soon as you can, because the time limit will run out and you will not be able to recover compensation for your illness.
The mesothelioma lawsuit process usually takes between two and four years from beginning to finish. A multi-disciplined team of lawyers will be there to assist you through every step of the way, including collecting and analyzing medical records and interviews with witnesses conducting research, and preparing for trial.
Most asbestos cases settle prior to trial. If you are not happy with the settlement amount your lawyer will not hesitate in taking your case to trial.
Mesothelioma compensation typically covers future and past medical expenses, funeral costs and lost wages, as well as loss of companionship and other losses related to the disease. In addition, veterans who are diagnosed with mesothelioma, or any other asbestos-related disease should apply for benefits through the VA to help pay for their treatment and care.
Contact a law firm in the United States that specializes in mesothelioma for an initial consultation for no cost. A team of mesothelioma attorneys will determine if your mesothelioma claim may be filed against a company who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims can receive compensation through negotiated settlements or judgments. Both can help with the costs associated with treating mesothelioma, as well in addressing other issues such as loss of income and loss of life.
In a settlement that is negotiated by a manufacturer of asbestos, the company agrees to pay the victim a certain amount. Negotiations are conducted between the victim's lawyer and the asbestos company responsible for the victim's exposure.
A mesothelioma lawyer will review your background and asbestos exposure to determine who the defendants in your case are. The defendants could be one or more companies that produced or sold asbestos-containing products on your work site. These companies exposed workers to asbestos in a way they knew about and failed to warn workers of the dangers until they died from the disease.
The majority of asbestos cases are settled through trust funds, since many asbestos producers went bankrupt when they were inundated by lawsuits. These trusts hold over $30 billion in funds 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 and $2 million. However, the larger a jury verdict, the more the victim is likely to receive. During the trial, mesothelioma lawyers will provide evidence, including medical records, employment history as well as expert witness testimony and other documents, to prove their clients' case.
Even after exposure to asbestos, victims can still get justice through filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for the risk of exposing their loved ones this preventable illness and offer them compensation to cover medical expenses and lost earnings.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. The financial compensation resulting from a successful mesothelioma suit will bring closure to families of the victims and ensure that they receive the financial support they need to live their lives as full as they can.
Since mesothelioma can be so serious and deadly, the victims must act swiftly. It is important to find an attorney with an established track record of success in litigating mesothelioma cases. 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 victims of asbestos-related illnesses are awarded compensation through a settlement. Certain cases end up in the courtroom. A trial can last for several years and require an impartial jury to determine the amount of the settlement. A judge may decide to speed up the process if the victim is in a very serious situation. Trials can be more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure in a mesothelioma case. They will also identify the companies and manufacturers responsible for asbestos exposure. Mesothelioma attorneys will seek damages for the victim and their family. These damages include punitive and compensatory damages. They will also seek to recover compensation for the loss of income and enjoyment of life.
Most victims and their families prefer to settle rather than going to trial. Settlements are less stressful than trials and allow victims to receive their compensation sooner. However, an experienced mesothelioma lawyer will prepare for a trial if required to maximize the amount of compensation their client receives.
Compensation for mesothelioma could assist patients with medical expenses, lost income, and other documented expenses related to the disease. In some cases, it can even cover funeral costs. A lawyer can determine the victim's eligibility to receive damages by looking over the mesothelioma diagnosis, military and employment histories, and family history. They can also look into asbestos trust funds to determine if manufacturers or employers have compensated victims.
An asbestos victim's legal team will also consider applying for benefits through the Department of Veterans Affairs. Veterans will have access to the best mesothelioma experts in the world, as well as additional financial support. However, pursuing benefits from the VA doesn't limit a veterans right 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 an entire trial. They are scared of the possible verdict amount, particularly if a case includes punitive damage. The long history of verdicts in favor of asbestos-related companies makes it difficult to deny liability during trial.