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 bring an asbestos lawsuit. 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 that exposed you to asbestos. These companies might be gone, but they may have established trusts that compensate victims.
Statute of limitations
A statute of limitations is a law that sets the time limit for when an individual must legally take legal action and file a lawsuit. The time limit varies by state and type of case. For most personal injury cases the statute of limitations clock starts ticking at the moment of the incident or injury. However, asbestos-related victims are unique in the sense that many don't know they have a serious illness like mesothelioma until a long time after exposure to the deadly substance. This is why it's so important to get in touch with mesothelioma lawyers as soon as you can after an announcement of diagnosis.
A qualified mesothelioma lawyer can determine all specifics of a victim's case and ensure that their legal rights are secured. Once the mesothelioma lawyer is confident they have a strong case they can file a claim for compensation. It could be a personal injuries lawsuit, wrongful death suit, or asbestos trust fund claim.
asbestos compensation sufferers must be aware of the deadlines and locations where they can file their claims. Even when they do not meet the deadline, a mesothelioma lawyer may be able to help victims explore other avenues for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.
It is also important to keep in mind that a mesothelioma lawsuit can go through many stages before settling or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must identify asbestos-related companies and products that are responsible. This process can be a long and lengthy process that can take months or years.
The attorneys must then gather evidence including medical records, employment history and product identification. Attorneys will also need to calculate damages. This includes future medical expenses and income loss emotional distress, loss companionship. The lawyer will then decide the best way to achieve the most compensation for their client.
Exact mesothelioma settlement amounts are often kept secret due to confidentiality agreements. However, certain figures do appear on the public at times in time. 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 cancer. This was the second settlement that this family received following a prior settlement in 2017. These figures do not represent the average settlement amount for mesothelioma. However, they do illustrate the value of what patients receive.
How to File a Claim
Mesothelioma is a debilitating illness that is complex and requires expensive treatment, can cause families to be in financial distress. The compensation from asbestos lawsuits allows patients to pay for life-long medical bills and also support their loved family members. It also helps cover funeral costs and other expenses.
However, every case is different, and there are a myriad of variables that could affect a claim's potential value. In a free evaluation of your mesothelioma claim, an experienced lawyer will determine your
asbestos lawyer exposure and the most effective method to pursue compensation for you.
A mesothelioma lawyer will submit a claim to the responsible party for financial compensation. This could be a multinational corporation, or an insurer who has assumed responsibility from a bankrupt producer of asbestos. The attorney will assist you complete the required paperwork and ensure it is filed on time to comply with the state's laws.
The statutes of limitations for each state provide a distinct timeframe within which mesothelioma sufferers have to take legal action. It is important to work with a mesothelioma lawyer as soon as possible because once the statute of limitations expires, you will not be legally entitled to any compensation for your illness.
The mesothelioma lawsuit filing process usually takes between two and four years from beginning to the end. A multi-disciplinary team of lawyers will assist you through every step of the way, including collecting and analyzing medical records, interviewing witnesses, conducting research and getting ready for trial.
Most asbestos cases settle prior to trial. If, however, you are not satisfied with the settlement amount, your lawyer will not hesitate to go to trial on your behalf.
Compensation for mesothelioma usually covers past and future medical expenses, funeral costs and lost wages, as well as loss of companionship, and other losses associated with the disease. Veterans with mesothelioma, or other asbestos-related illnesses, must be eligible for VA benefits to pay for treatment and healthcare.
If you're a veteran diagnosed with mesothelioma, contact a national
mesothelioma law firm for a no-cost consultation. A team of mesothelioma lawyers will determine if your mesothelioma claim could be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos-related victims can be compensated via negotiated settlements or verdicts. Both can help with the expenses associated with treating mesothelioma, as being able to address other issues, such as loss of income and loss of life.
In a settlement that is negotiated the asbestos manufacturer will compensate a victim with the amount they have agreed to. Negotiations are conducted between the victim's lawyer and the asbestos company that is responsible for the victim's exposure.
A knowledgeable mesothelioma lawyer will review your work history and asbestos exposure to identify the defendants in your case. One or more companies could be defendants if they sold or manufactured asbestos-containing products on your worksite. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until they died from the disease.
Most asbestos cases are resolved by trust funds as many asbestos manufacturers went bankrupt when they were inundated by lawsuits. These trusts have over $30 billion in funds to aid mesothelioma patients. The mesothelioma lawyer for the victim can help them determine which trust fund to file their claim with.
The mesothelioma average settlement ranges from between $1 million and $2 million. The more money a victim can receive, the more substantial the verdict of the jury. In the trial phase, mesothelioma lawyers will provide evidence, such as medical records, employment histories and expert testimony, as well as other evidence to support their client's case.
Despite asbestos exposure, victims can still get justice through filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for the exposure of their loved ones to this deadly disease and pay compensation to cover medical expenses and lost earnings.
Mesothelioma is an incredibly painful, life-threatening illness that isn't always cureable. Compensation from a successful mesothelioma lawsuit will bring closure to victims' families and provide them with the financial support they need to live their lives as full as they can.
Because mesothelioma is so severe and deadly, the patients need to act fast. It is essential to find an attorney firm that has experience of successfully pursuing mesothelioma claims. Ask family members, your doctor, or any other sources to recommend attorneys in your area.
Trials
Many asbestos-related illnesses sufferers receive compensation through settlements. However, some cases will go to trial. The trial could last for several years, and a jury must determine the amount of compensation. If the victim is severely sick, a judge could choose to accelerate the process. Trials usually result in higher payouts than settlements.
During a mesothelioma lawsuit attorneys compile evidence to prove exposure to asbestos. They will also identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will try to recover damages on behalf of the victim and their families. These damages include compensatory and punitive damages. In addition, they seek to seek compensation for the victim's loss of enjoyment in life and the loss of income.
The majority of victims and their families prefer to settle their claims rather than go to trial. Settlements are generally less stressful than trials and can allow the victim to access their compensation earlier. A mesothelioma lawyer will prepare their client for a trial, if necessary, to maximize the recovery of their client.
The compensation from a mesothelioma lawsuit can assist victims in paying their medical expenses, lost wages and other expenses that are attributed to the disease. In certain cases, it may even cover funeral expenses. A lawyer can determine whether a victim is eligible to claim damages by examining their mesothelioma diagnosis, their employment and military histories as well as their family history. They can also review
asbestos lawyer trust funds to determine the compensation of employers and manufacturers.
A legal team representing an asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. This could give veterans access to some of the best mesothelioma doctors in the world and additional financial assistance. The VA will not restrict the right of a veteran to sue asbestos companies that caused 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 potential verdict amount particularly if the trial includes punitive damages. The long history of verdicts in favor of asbestos-related companies makes it difficult to deny liability during trial.
