How to File an Asbestos Lawsuit
You could be able to file a lawsuit in the event that you or someone you know has been diagnosed with a condition related to asbestos. A mesothelioma lawyer can help you know your options and begin the process.
In a mesothelioma-related case, the defendants are the asbestos-exposure companies. These companies usually are no longer in existence, but they may have established trusts to pay victims.
Statute of Limitations
A statute of limitations is a law that sets the maximum amount of time allowed for someone to file a lawsuit or take legal action. The time limit is different for each state and the kind of case. In the majority of personal injury cases, the statute of limitation clock begins to tick at the time the injury or accident occurs. Asbestos sufferers are unique in that they may not be aware of a serious illness such as mesothelioma for a long time after exposure. This is why it's so important to get in touch with a mesothelioma attorney as soon as possible after a diagnosis.
A mesothelioma attorney can help victims understand the specifics of their case and ensure that their legal rights are protected. Once the mesothelioma lawyer is certain they have a valid case they can file a claim for compensation. It could be a personal injuries lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos sufferers must be aware of deadlines and locations where they can file their claims. Even if victims fail to meet the deadline, a mesothelioma lawyer might be able to assist them find alternative options for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.
It is important to remember that mesothelioma cases can go through multiple stages prior to a settlement or a trial. During the litigation process, the victims must collaborate with their mesothelioma lawyers in order to find responsible asbestos-related companies and their products. This process can take months or even years.
The attorneys then have to gather evidence, which includes medical documents, employment and labor history, and asbestos product identification. The attorneys will also need to calculate damages. This includes future medical expenses and income loss, emotional distress, and loss of companionship. The attorney will determine the best strategy to maximize the amount of compensation they can offer their client.
The exact mesothelioma settlement amounts are often kept secret because of confidentiality agreements. However, some figures become public from time to time. In 2018, the family received $630,000 from a variety of defendants for the death of an Redding mechanic due to asbestos litigation-related lung cancer. This was their second settlement after a payout in 2017. Although these figures aren't indicative of the overall mesothelioma average but they do show the huge benefit that victims can derive from their claims.
How to File a Claim
Mesothelioma is a complicated, terminal illness that requires expensive treatments and can put families under financial strain. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical expenses and provide for their loved family members. It also helps pay for funeral costs and expenses.
However, every case is different, and there are many variables that could affect a claim's potential value. When you receive a no-cost review of your mesothelioma lawsuit an expert lawyer will evaluate your asbestos exposure and the best way to pursue compensation for you.
A mesothelioma attorney will submit a claim for financial compensation with the responsible party which may include a multi-national corporation or an insurance company who has assumed responsibility for a bankruptcy asbestos manufacturer. The attorney will help you complete the necessary documents and ensure that they are filed on time to comply with state laws.
The statutes of limitation in each state define a specific timeframe within which mesothelioma sufferers must take legal actions. It is essential to speak with a mesothelioma lawyer as soon as possible because once the statute of limitations expires the victim will not be legally entitled to any compensation for your condition.
The mesothelioma lawsuit process usually takes between two and four years from beginning to end. A multi-disciplined team of lawyers will help you throughout the way, including gathering and analyzing medical records, interviewing witnesses, conducting research and getting ready for trial.
Most asbestos cases reach an agreement before going to trial. If you are not happy 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. In addition, veterans who are diagnosed with mesothelioma, or any other asbestos-related disease should apply for benefits through the VA to pay for their treatment and care.
If you are a veteran diagnosed with mesothelioma, call a mesothelioma lawyer in the United States for a free legal consultation. A team of mesothelioma attorneys will determine if your mesothelioma lawsuit may be filed against a company who exposed you to asbestos during your military service.
Settlements
Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both can assist in covering the cost of treating mesothelioma and address other issues such as loss of income or quality of life.
In a settlement that is negotiated the asbestos manufacturer will pay a victim a negotiated amount of money. This is reached through discussions between the victim's lawyer and the asbestos manufacturer responsible for their exposure.
A mesothelioma lawyer will review your work history and asbestos case (Read the Full Write-up) exposure to determine who the defendants in your case are. The defendants could be a number of companies that manufactured or sold asbestos-containing products at your work site. These companies frequently exposed workers to asbestos, but did not warn them of the dangers until after their deaths from asbestos-related diseases.
Because many of the asbestos producers went under after they were inundated with lawsuits, most asbestos compensation cases are now settled using trust funds. Trusts are able to hold more than $30 billion to aid mesothelioma patients. Lawyers for the victim can help them determine which trust fund to submit their claim to.
The average mesothelioma settlement is $1 million to $2 million. The more money a victim can receive, the greater the verdict of the jury. During the trial phase mesothelioma lawyers provide evidence, such as medical records, employment histories and expert testimony, as well as other evidence to support their client's case.
A mesothelioma case is a legal action filed by those who have been exposed to asbestos. They can hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and seek compensation to pay medical expenses and lost wages.
Mesothelioma can be a life-threatening, painful condition that isn't always cureable. Compensation from a successful mesothelioma suit can bring closure to the victims' families and provide them with the financial assistance they require to live their lives as fully as they can.
The seriousness and death of mesothelioma demands that patients take action promptly. Finding a law firm that has proven success in pursuing mesothelioma-related cases is essential. Ask your family members, your doctor, or other sources to recommend lawyers in your area.
Trials
Many asbestos-related illness victims receive compensation through settlements. However some cases end up going to trial. A trial can last several years, and a jury must decide on the amount of compensation. If the victim is seriously sick, a judge might choose to accelerate the process. Trials are often more expensive than settlements.
Attorneys will collect evidence to prove asbestos exposure in a mesothelioma case. They will also identify the companies and manufacturers responsible for the asbestos exposure. Mesothelioma lawyers will try to recover damages on behalf of the victim and their family members. These damages include punitive as well as compensatory damages. They will also seek compensation for the victim’s lost income and enjoyment of life.
The majority of victims and their family members prefer to settle rather than go to trial. Settlements tend to be less stressful than a trial and let the victim access their compensation much sooner. However, a knowledgeable mesothelioma lawyer will plan for a trial if necessary to maximize the amount of compensation their client receives.
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 some cases, compensation can cover funeral expenses. A lawyer can determine if a victim is eligible for compensation by looking over their mesothelioma diagnosis, military and employment history, and their family history. They can also check asbestos trust funds to determine if manufacturers or employers have paid compensation.
The legal team representing asbestos victims may also look into applying for benefits through the Department of Veterans Affairs. This can give veterans access to the best mesothelioma doctors around the world as well as financial assistance. However, the benefits of the VA doesn't limit a veterans right to bring an action against the asbestos companies that are responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits, the defendants do not want to see their case go through an entire trial. They will be scared of the potential verdict amount, particularly if a case involves punitive damages. In addition, the long history of asbestos companies being convicted will make it difficult to prove their liability at trial.