How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related illness, you may be eligible to file an asbestos lawsuit. An experienced mesothelioma lawyer can assist you in understanding the options available to you and help begin the process.
The defendants in a mesothelioma lawsuit are the companies who exposed you to asbestos. These companies might no longer exist but may have established trusts to compensate the victims.
Statute of limitations
A statute of limitations is a law that sets the maximum amount of time one is required to take legal action and bring a lawsuit. This time frame can differ based on the state and the type of case. In most personal injury cases, the statute of limitations clock begins to tick at the moment of the incident or injury. However, asbestos sufferers are unique in the sense that many don't know they have mesothelioma or another serious illness until a long time after exposure to the toxic substance. This is why it's important to get in touch with a mesothelioma attorney as soon as possible after an announcement of diagnosis.
A mesothelioma attorney can help victims determine the specifics of their case and ensure that their legal rights are secured. When the mesothelioma lawyer has become confident they have a strong case they can file a claim for compensation. This could be a personal injury lawsuit, wrongful death suit or an asbestos trust fund claim.
Asbestos victims need to be aware of deadlines and the locations where they can file claims. Even if they miss an important deadline an attorney for mesothelioma may be able to assist victims explore other avenues for 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 a settlement or a trial. In the course of litigation, the victims and their mesothelioma attorneys must identify asbestos-related companies and products that are accountable. This process could take months or years.
The attorneys then need to gather evidence such as medical records, employment history and product identification. The attorneys also need to determine damages, which can include future medical expenses, lost income, emotional distress and loss of companionship. The lawyer will determine the best strategy to maximize compensation for their client.
Settlement amounts for mesothelioma are often kept private because of confidentiality agreements. 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 a Redding mechanic due to asbestos-related lung cancer. This was the second settlement for the family after a previous payout in 2017. While these figures aren't indicative of the overall average mesothelioma settlement amount however, they show the substantial benefit that victims can derive from their claims.
How to File a Claim
Mesothelioma is a fatal disease that is complicated and requires costly treatment, can put families in financial straits. The money derived from asbestos lawsuits can be used to pay for medical expenses that prolong life and help loved relatives. It also helps with funeral costs and other expenses.
Each case is unique and a variety of factors can impact the value of a claim. During a free review of your mesothelioma claim An expert lawyer will evaluate your asbestos exposure and the most effective method of pursuing compensation for you.
A mesothelioma lawyer may submit a claim to the responsible party to receive financial compensation. This could be a multinational corporation, or an insurer that has assumed responsibility from a bankrupt manufacturer of asbestos. The attorney will assist in completing the paperwork and making sure it is filed before the deadline to comply with state law.
Each state's statute of limitation has a specific deadline within which mesothelioma patients must take legal action. It is important to work with an attorney for mesothelioma as quickly as you can because once the statute of limitations passes, you will not be legally entitled to any compensation for your illness.
The mesothelioma lawsuit process typically takes between two and four years from start to the end. A multi-disciplined team of lawyers will help you throughout the way, from gathering and analyzing medical records as well as interviewing witnesses conducting research, and making preparations for trial.
The majority of asbestos cases settle before trial. If, however, you are not satisfied with the settlement amount your lawyer will not be afraid to go to trial on behalf of you.
Compensation for mesothelioma typically covers future and past medical expenses, funeral expenses as well as lost wages, loss of companionship, and other losses associated with the disease. Additionally, veterans 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 healthcare.
If you're a former soldier diagnosed with mesothelioma, contact a national mesothelioma law firm to get a no-cost legal consultation. A team of
mesothelioma attorneys will determine if your mesothelioma case could be filed against companies who exposed you to asbestos during your military service.
Settlements
Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both can help cover the cost of treating mesothelioma, and also address other issues, such as loss of income or the quality of life.
In a settlement negotiated by a manufacturer of asbestos, the company will pay the victim a certain amount. This is reached through negotiations between the lawyer of the victim and the asbestos manufacturer responsible for their exposure.
A mesothelioma lawyer will look at your work history and asbestos exposure to determine who the defendants are in your case. One or more companies could be defendants if they sold or manufactured asbestos-containing products at your workplace. These companies exposed workers to asbestos in a way they knew about and did not warn of the dangers until they died from the disease.
Since many asbestos producers went bankrupt after being flooded with lawsuits, most asbestos cases are settled through trust funds. Trusts that have more than $30 billion in funds that can help mesothelioma patients. The mesothelioma lawyer for the victim can assist them in determining which trust fund to file a claim with.
The median mesothelioma settlement ranges from between $1 million and $2 million. The more money a victim can receive, the greater the jury verdict. During the trial,
mesothelioma lawyers will provide evidence, such as medical records and employment history as well as expert witness testimony and other evidence to support their clients claim.
Even after exposure to asbestos, 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 preventable illness and pay compensation to cover medical expenses and lost earnings.
Mesothelioma is a painful, life-threatening condition that isn't always curable. The compensation from a mesothelioma lawsuit can bring closure to the victims families, and help ensure that they receive the financial assistance required to live as full as they can.
The seriousness and death of mesothelioma require patients to respond quickly. It is important to find an attorney with a track record of successfully litigating mesothelioma cases. Ask family members, your doctor, or any other sources to recommend lawyers in your region.
Trials
Many people suffering from asbestos-related diseases receive compensation through settlements. However, some cases end up going to trial. A trial can take several years and require jurors to decide on the amount of the settlement. A judge can decide to accelerate the process in cases where the victim is in very serious situation. Trials are usually more expensive than settlements.
Attorneys will collect evidence to prove asbestos exposure in a mesothelioma case. They will also identify the manufacturers and companies who are responsible for this exposure.
Mesothelioma lawyers will attempt to recover damages for both the victim and their families. These damages include compensatory as well as punitive damages. They will also seek to recover compensation for the loss of income and enjoyment of life.
The majority of victims and their families prefer to settle their claims rather than go to trial. Settlements are less stressful than trials and allow victims to receive their money faster. However, a knowledgeable mesothelioma lawyer will prepare for a trial if necessary to maximize their client's compensation.
Compensation for mesothelioma may help victims cover their medical bills, lost income and other documented expenses related to the disease. In some instances, compensation can be used to pay for funeral expenses. A lawyer can determine if a victim is eligible for damages by reviewing their mesothelioma diagnosis, employment and military histories, and their family history. They can also review asbestos trust funds for the compensation of employers and manufacturers.
A legal team representing the asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. Veterans have access to the best mesothelioma specialists in the world, as well as additional financial assistance. The VA will not restrict the right of a veteran to sue asbestos-related companies who caused their exposure and mesothelioma.
In most
mesothelioma lawsuits, the defendants do not want to see a case reach a full-blown trial. They will be afraid of the possible verdict amount particularly if the trial is involving punitive damages. The long history of verdicts against asbestos companies makes it difficult to deny liability during trial.