How to File an Asbestos Lawsuit
You could be able to file a lawsuit when you or someone you love has been diagnosed with a disease that is related to asbestos. A mesothelioma lawyer who is experienced can help you understand 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 may not exist anymore, but they could have established trusts that compensate victims.
Statute of limitations
A statute of limitations is a law that sets the maximum time limit 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. For most personal injury cases, the statute of limitations clock starts ticking at the moment of the injury or accident. However, asbestos sufferers 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 toxic substance. This is why it's so important to contact mesothelioma lawyers immediately following the diagnosis.
A qualified mesothelioma lawyer can determine all specifics of a patient's case and make sure their rights are protected. Once the mesothelioma lawyer is convinced they have a solid case they can file a claim for compensation. It could be a personal injury lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos victims must be aware of their filing dates and filing locations. Even if they miss the deadline, a mesothelioma lawyer may be able to assist them explore other avenues of compensation. This includes filing additional lawsuits and submitting claims against the asbestos trust fund.
It is important to remember that mesothelioma lawsuits can undergo several stages prior to either a settlement or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must identify asbestos companies and products that are responsible. This could take months or even years to complete.
The attorneys then have to gather evidence, which includes medical records, employment and labor history and asbestos product identification. The attorneys also need to calculate damages, which include future medical expenses as well as lost income, emotional distress, and loss of companionship. The attorney will determine the best strategy to maximize the amount of compensation they can offer their client.
Confidentiality agreements usually prevent the exact amount of mesothelioma compensation from being revealed. Occasionally, however certain numbers are made public. In 2018, the family received $630,000 from a variety of defendants for the death of a Redding mechanic who died of asbestos-related lung carcinoma. This was the family's second settlement following the payout in 2017. Although these figures aren't indicative of the overall average mesothelioma settlement amount, they illustrate the significant value that patients can get from their claims.
How to File a Claim
Mesothelioma, a terminal disease that is complicated and requires expensive treatment, can cause families to be in financial straits. The compensation from asbestos lawsuits allows patients to pay for life-long medical expenses and provide for their loved family members. It also helps pay for funeral costs and other expenses.
Each case is different and a variety of factors can impact the potential value of a claim. In a no-cost mesothelioma case review, an experienced lawyer will assess how asbestos exposure affected your health and will determine the best avenue to claim compensation on behalf of you.
A mesothelioma lawyer can make a claim with the responsible party to receive financial compensation. This could be a multinational company or an insurer that has assumed the responsibility of a bankrupt manufacturer of asbestos. The attorney will assist you in completing the paperwork and making sure it is filed by the deadline to comply with state law.
The statute of limitations for each state has a specific time frame within which mesothelioma patients must file legal actions. It is important to work with a mesothelioma lawyer as soon as you can because once the statute of limitations expires, you will not be able to recover any compensation for your condition.
The process of bringing a mesothelioma case can take between two and four year. A multi-disciplinary team of lawyers will help you every step of the way, including gathering and analyzing medical records and interviews with witnesses, conducting research and making preparations for trial.
Most asbestos cases reach an agreement prior to going to trial. If you are not happy with the settlement amount, your lawyer will not hesitate in taking your case to trial.
Compensation for mesothelioma typically covers past and future medical expenses, funeral costs and lost wages, as well as loss of companionship and other losses incurred with the disease. In addition those who have been 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 care.
If you are a veteran diagnosed with mesothelioma or other cancers, contact mesothelioma lawyers from across the country for a no-cost consultation. A dedicated team of mesothelioma experts will determine if you're qualified to file a mesothelioma attorney suit against companies that exposed you to asbestos during your time in the military.
Settlements
Asbestos victims can receive compensation via negotiated settlements or verdicts. Both can help cover the costs of treating mesothelioma as well as other issues such as loss of income or the quality of life.
In a negotiated settlement, an asbestos manufacturer agrees to compensate a victim with an amount that is negotiated. Negotiations are conducted between the victim's attorney and the asbestos company that is responsible for the victim's exposure.
A knowledgeable mesothelioma lawyer will review your work history and asbestos product exposure to determine the defendants in your case. The defendants could be a number of companies that sold or made asbestos-containing products at your workplace site. These companies often knowingly exposed workers to asbestos, but did not warn workers of the dangers until their deaths due to the disease.
The majority of asbestos cases are settled through trust funds, since many asbestos producers went bankrupt when they were inundated by lawsuits. Trusts are able to hold more than $30 billion in funds to aid mesothelioma patients. The mesothelioma lawyer for the victim can help them determine which trust fund to file a claim with.
The mesothelioma settlement average is between $1 million and $2 million. The more money a victim can receive, the greater the verdict of the jury. In the trial phase, mesothelioma lawyers will present evidence like medical records, employment histories and expert testimony, as well as other evidence to support their client's case.
Despite exposure to asbestos, those affected can still seek justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for the risk of exposing their loved ones this deadly disease and provide them with compensation to cover medical expenses and lost wages.
Mesothelioma is an incredibly painful, life-threatening illness that isn't always cureable. Compensation from a successful mesothelioma suit can bring closure to the victims' families and ensure they get the financial help they require to live their lives as full as possible.
Since mesothelioma can be so serious and deadly, the victims need to act fast. It is important to find a law firm with a track record of successfully seeking mesothelioma compensation claims. Ask family members, your doctor, or any other sources to recommend lawyers in your area.
Trials
Many people suffering from asbestos-related diseases are awarded compensation through a settlement. However, some cases will go to trial. The trial could last for several years and the jury has to determine the amount of compensation. A judge could decide to accelerate the process if the victim is in a very serious situation. Trials are usually more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure in mesothelioma cases. They will also identify the companies and manufacturers responsible for that exposure. Mesothelioma lawyers will try to recover damages for the victim and their family. These damages include compensatory and punitive damages. In addition, they will seek to recover compensation for the victim's loss of enjoyment from life and income loss.
Most victims and their families prefer to settle their claims rather than go to trial. Settlements are generally less stressful than trials and enable the victim to receive their compensation much sooner. A mesothelioma lawyer will prepare their client for a trial, if needed, to maximize the compensation of their client.
Compensation for mesothelioma can help victims cover their medical bills, lost income and other documented expenses related to the disease. In some cases, compensation can cover funeral expenses. An attorney can determine the victim's entitlement to damages by examining his or her mesothelioma-related diagnoses or employment and military records and family history. They can also examine asbestos trust funds for compensation from employers and manufacturers.
A legal team representing an asbestos victim may also be able to pursue benefits through the Department of Veterans Affairs. This will allow veterans access to the best mesothelioma physicians in the world and additional financial support. However, seeking benefits from the VA does not limit the rights of veterans to bring an action against asbestos companies that are responsible for their exposure and mesothelioma.
In most mesothelioma cases, defendants aren't looking forward to a full-blown court trial. They will be afraid of the potential verdict, especially if a trial involves punitive damages. The long history of verdicts involving asbestos-related companies makes it difficult to deny liability during trial.