How to File an Asbestos Lawsuit
You could be able to make a claim in the event that you or someone you love has been diagnosed with a disease that is related to asbestos. A mesothelioma lawyer will help you determine your options and begin the process.
The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies could not exist anymore, but they could have established trusts to compensate the victims.
Statute of Limitations
A statute of limitations is a law that defines the maximum time an individual has to pursue legal action and make a claim. This limit can vary by state and type of case. For most personal injury cases, the statute of limitations begins to run at the date of the incident or injury. Asbestos victims are different in that they might not be aware of a serious illness such as mesothelioma for a long time after exposure. This is why it's important to speak with a mesothelioma attorney as soon as possible after the diagnosis.
A mesothelioma lawyer can help victims determine the specifics of their case and ensure that their legal rights are secured. When the lawyer is sure that they have a solid case, they will make the appropriate compensation claim. This could be a personal injury lawsuit, wrongful death suit or an asbestos trust fund claim.
Asbestos victims need to be aware of the deadlines and the locations where they can file their claims. Even if they miss a deadline an attorney for mesothelioma may be able to assist them explore other avenues of compensation. This could include filing additional lawsuits and submitting claims against the asbestos trust fund.
It is also crucial to keep in mind that mesothelioma lawsuits may go through several stages before reaching a settlement or trial. During the litigation process victims must work with their mesothelioma lawyers to find responsible asbestos-related companies and products. This could take months or even years to complete.
The attorneys will then collect evidence including medical records, employment history and product identification. The attorneys must also calculate damages, which could include future medical expenses, lost income, emotional distress, and loss of companionship. The attorney will determine the best strategy to maximize compensation for their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma compensation from being revealed. However, some figures become public from time to time. In 2018 the family received a settlement of $630,000 from several defendants in connection with the death of an Redding mechanic from asbestos-related lung carcinoma. This was the second settlement after a payout in 2017. These figures don't represent the typical settlement amount for mesothelioma, but they do demonstrate the value that victims receive.
Filing a Claim
Mesothelioma, a terminal disease that is complicated and requires costly treatment, can cause families to be in financial straits. The money derived from an asbestos lawsuit can be used to pay medical expenses that prolong life and support loved family members. It also helps pay funeral costs and other expenses.
Each case is unique and a variety of factors can impact the potential value of a claim. When you receive a free mesothelioma claim review, an experienced lawyer will determine how asbestos exposure affected your health and determine the best avenue to seek compensation on your behalf.
A mesothelioma attorney will 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 help you complete the necessary documents and ensure that they are timely filed to ensure compliance with the laws of your state.
The statutes of limitations for each state set a different timeline within which mesothelioma victims must take legal actions. It is important to seek out a mesothelioma lawyer as early as you can, since the statute of limitations will expire and you won't be able claim compensation for your illness.
The process of submitting a mesothelioma lawsuit can take between two and four year. A multi-disciplinary team of lawyers will be there to assist you throughout the way, including collecting and analyzing medical records, interviewing witnesses, conducting research and preparing for trial.
Most asbestos cases reach an agreement prior to going to trial. However, if you are not satisfied with the amount you have received the lawyer will not hesitate to go to trial on behalf of you.
Compensation for mesothelioma typically covers future and past medical expenses, funeral costs and lost wages, as well as loss of companionship and other losses incurred with the disease. Additionally those who have been diagnosed with mesothelioma or another asbestos-related illness should apply for benefits through the VA to help pay for their treatment and healthcare.
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 lawsuit can be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims can be compensated through settlements or verdicts negotiated by the victim. Both can help with the costs associated with treating mesothelioma, as being able to address other issues, such as loss of income and quality of life.
In a settlement negotiated, an asbestos manufacturer agrees to compensate a 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 with experience will review your work history and asbestos product exposure to determine the defendants in your case. One or more companies could be defendants in the event that they manufactured or sold asbestos-containing products on your worksite. 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 from the disease.
Because many of the asbestos producers went bankrupt due to the flood of lawsuits, most asbestos cases are now settled using trust funds. These trusts hold over $30 billion to aid mesothelioma patients. The lawyer of the victim can assist them in determining which trust fund they should submit their claim to.
The mesothelioma average settlement is between $1 and $2 million. The more money a victim will receive, the bigger the verdict of the jury. During the trial, mesothelioma attorneys will provide evidence, including medical records and employment history, expert witness testimony, and other documents to support their clients claim.
Despite asbestos exposure, victims are able to get justice through filing mesothelioma lawsuits. They are able to hold negligent asbestos companies accountable for exposing their loved family members to this deadly disease and seek compensation to pay the cost of medical treatment and lost wages.
Mesothelioma is an extremely painful, life-threatening disease that is not always curable. The financial compensation resulting from a mesothelioma-related case can bring closure to victims families, and help ensure that they receive the financial support required to live their lives as fully as they can.
Since mesothelioma can be so serious and fatal, those who suffer must act swiftly. It is crucial to locate an attorney with an established track record of success in litigating mesothelioma cases. Consult with relatives who have been diagnosed with the disease, your physician or other sources for recommendations of attorneys in your area.
Trials
Many people suffering from asbestos-related diseases are awarded compensation through an agreement. However, some cases are eventually taken to trial. A trial can last several years, and a jury must decide the amount of compensation. A judge may decide to accelerate the process if the victim is in a extremely serious condition. Trials can be more expensive than settlements.
In a mesothelioma case attorneys compile evidence to prove asbestos exposure. They will identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will try to recover damages on behalf of the victim and their family members. These damages include punitive and compensatory damages. Additionally, they will seek to get compensation for the victim's loss of enjoyment of life and lost income.
Most victims and their family members prefer to settle their claims rather than go to trial. Settlements tend to be less stressful than a trial and let the victim access their compensation much earlier. However, an experienced mesothelioma attorney will prepare for a trial if necessary to maximize their client's recovery.
The compensation from a mesothelioma lawsuit can assist victims in paying their medical bills, lost wages, and other expenses that are attributed to the disease. In certain instances, it could even cover funeral costs. A lawyer can determine a victim's eligibility for damages by reviewing their mesothelioma diagnosis, work and military history, and their family history. They can also examine asbestos trust funds to see 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 most reputable mesothelioma specialists in the world, and also additional financial assistance. However, pursuing benefits from the VA does not limit the right of a veteran to bring an action against the asbestos companies that are 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 amount, particularly if a case involves punitive damages. The long record of verdicts involving asbestos-related companies makes it hard for them deny liability during trial.