How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related disease and you are eligible, you could be able to bring an asbestos lawsuit. An experienced mesothelioma lawyer can assist you in understanding your options and help you start the process.
The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies may be gone, but they may have established trusts to compensate the victims.
Statute of limitations
A statute of limitations is a law that determines the maximum time an individual has to legally take legal action and bring a lawsuit. The time limit is different for each state and the type of case. In most personal injury cases the statute of limitation clock begins to tick at the point that the injury or accident occurs. However, asbestos-related victims are unique in that many don't realize they suffer from a serious illness like mesothelioma until years after their exposure to the dangerous substance. This is why it's so important to speak with mesothelioma lawyers as soon as you can after the diagnosis.
A qualified mesothelioma lawyer can assess the details of a victim's situation and ensure that their rights are secured. When the mesothelioma lawyer has become convinced they have a solid case they can file the proper claim for compensation. This could be a personal injury lawsuit, wrongful deaths suit or asbestos trust fund claim.
Asbestos victims should be aware of their filing dates and filing locations. Even if they miss the deadline an attorney for mesothelioma may be able to help them explore other avenues of compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.
It is also crucial to keep in mind that a mesothelioma lawsuit can go through many stages before reaching a settlement or trial. During the course of litigation, plaintiffs and their mesothelioma lawyers must determine asbestos-related companies and products that are accountable. This may take months or even years to complete.
The attorneys must then gather evidence including medical records, employment histories and product identification. The attorneys will also have to calculate damages. This includes future medical expenses, loss of income, emotional distress, and loss companionship. The lawyer will then decide the best method to get the highest amount of compensation for their client.
Confidentiality agreements typically prevent the exact amount of mesothelioma compensation from being disclosed. Sometimes, however certain amounts are released. In 2018 the family received $630,000 from a variety of defendants for the death of an Redding mechanic from asbestos-related lung carcinoma. This was the second settlement for the family after a previous payout in 2017. While these numbers aren't representative of the mesothelioma average, they illustrate the significant value that patients can get from their claims.
How to File a Claim
Mesothelioma is a complicated, terminal illness that requires expensive treatment and often puts families in financial straits. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and support their loved family members. It also helps cover funeral costs and other expenses.
However, each 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 law exposure and the best way to pursue compensation for you.
A mesothelioma attorney will submit an action for financial compensation with the responsible party, which could be a multinational firm or an insurance company that has taken on responsibility for a bankruptcy asbestos manufacturer. The lawyer will assist you in completing the paperwork and ensure that it is filed by the deadline set by state law.
Each state's statute of limitation sets a different date by which mesothelioma sufferers must take legal action. It is important to consult with a mesothelioma attorney as soon as you can, since the statute of limitations expires and you will not be able to recover compensation for your illness.
The process of filing a mesothelioma suit can take between two and four year. A multi-disciplinary legal team will assist you in every step of the process that includes collecting medical records, interviewing witness, conducting research, and preparing for the trial.
Most asbestos cases settle before trial. If, however, you are not satisfied with the amount you have received your lawyer will not hesitate to go to trial on your behalf.
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. Additionally those who have been diagnosed with mesothelioma or an asbestos-related illness should seek benefits through the VA to pay for their treatment and healthcare.
If you are a veteran diagnosed with mesothelioma or other cancers, contact mesothelioma lawyers from across the country for a no-cost consultation. A team of mesothelioma attorneys will determine if your mesothelioma case can be filed against companies who exposed you to asbestos during your military service.
Settlements
Asbestos victims may receive compensation via negotiated settlements or verdicts. Both of these can help offset the costs associated with treating mesothelioma, as being able to address other issues, such as loss of income or quality of life.
In a settlement negotiated, an asbestos manufacturer agrees to pay a victim the amount they have agreed to. Negotiations are conducted between the victim's attorney and the asbestos settlement 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. One or more companies could be the defendants when they manufactured or sold asbestos-containing products at your workplace. These companies exposed workers to asbestos knowingly and failed to warn workers of the dangers until they passed away from the disease.
The majority of asbestos cases are resolved through trust funds, since many asbestos producers went bankrupt when they were inundated by lawsuits. These trusts hold over $30 billion to aid mesothelioma patients. The lawyer of the victim can help them determine which trust fund they should submit their claim to.
The mesothelioma average settlement ranges from between $1 million and $2 million. The more money a victim can receive, the bigger the verdict of the jury. During the trial, mesothelioma lawyers will provide evidence, such as medical records, employment history, expert testimony and other evidence to support their client's case.
Despite exposure to asbestos claim, those affected can still get justice through filing a mesothelioma lawsuit. They can 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 a painful, life-threatening condition 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 assistance required to live their lives as fully as they can.
The severe and fatality of mesothelioma requires victims to take action quickly. Locating a law firm that has a track record of success in pursuing mesothelioma-related cases is crucial. Check with family members who have been diagnosed with the disease, your physician or other sources for recommendations of attorneys in your region.
Trials
Many victims of asbestos-related illnesses receive compensation through settlements. However, some cases will go to trial. A trial can last several years and a jury has to determine the amount of compensation. A judge can decide to accelerate the process in cases where the victim is in a very serious situation. Trials often result in higher payouts than settlements.
During a mesothelioma lawsuit attorneys compile evidence to prove exposure to asbestos. They will also determine the companies and manufactures that are responsible for asbestos exposure. Mesothelioma lawyers will try to recover damages for both the victim and their family members. These damages include compensatory and punitive damages. In addition, they seek to get compensation for the victim's loss of enjoyment of life and income loss.
Most victims and their families prefer to settle instead of going to trial. Settlements are generally less stressful than trials and can let the victim access their compensation much earlier. However, a knowledgeable mesothelioma lawyer will prepare for a trial, if needed, to maximize the amount of compensation their client receives.
Compensation for mesothelioma could aid victims in paying their medical expenses, lost income, and other documented expenses related to the disease. In certain cases, compensation can cover funeral expenses. A lawyer can determine a victim's eligibility to claim damages by examining their mesothelioma diagnose, their employment and military histories, and their 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 think about applying for benefits through the Department of Veterans Affairs. This could give veterans access to some of the most renowned mesothelioma specialists in the world and additional financial support. However, seeking benefits from the VA does not restrict the rights of veterans to file an action against the asbestos-related companies responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits, the defendants do not want to see the case progress to a full-blown trial. They will be afraid of the possible verdict amount, especially if a trial includes punitive damages. The long history of verdicts in favor of asbestos-related companies makes it difficult for them deny liability during trial.