How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related illness and you are eligible, you could be able to make an asbestos lawsuit. A mesothelioma lawyer will help you to determine your options and begin the process.
In a mesothelioma-related case the defendants are asbestos-exposure companies. These companies may be gone, but they may have established trusts to compensate victims.
Statute of Limitations
A statute of limitations is a law that sets the time limit for when an individual is required to legally take legal action and bring a lawsuit. The time limit varies by state and type of case. In most personal injury cases the statute of limitations clock starts ticking at the time of the incident or injury. However, asbestos sufferers are unique in that many do not realize they have mesothelioma, a serious disease, until years after exposure to the toxic substance. This is why it's important to speak with a mesothelioma attorney as soon as possible after a diagnosis.
A qualified mesothelioma attorney can assess the details of a victim's situation and ensure that their rights are secured. When the mesothelioma lawyer has become certain they have a valid case and is confident that they have a strong case, they can file the appropriate claim for compensation. It could be a personal injuries lawsuit, wrongful death suit or asbestos trust fund claim.
Asbestos sufferers should be aware of their filing deadlines and locations. 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 or claims against the asbestos trust fund.
It is important to remember that mesothelioma cases can go through several stages before a settlement or a trial. In the course of litigation, the victims and their mesothelioma attorneys must determine asbestos-related companies and products that are responsible. It could take months or even years to complete.
The attorneys will then collect evidence including medical records, employment histories, and product identification. The attorneys must also calculate damages, which include future medical expenses, lost income, emotional distress and loss of companionship. The attorney will decide on the best method to maximize the compensation of their client.
Confidentiality agreements typically prevent the exact amount of mesothelioma compensation from being disclosed. However, some figures become public from time to time. In 2018 the family received $630,000 from several defendants in connection with the death of an Redding mechanic due to asbestos-related lung cancer. This was the second settlement for the family following a prior payout in 2017. While these numbers aren't representative of the mesothelioma payout, they illustrate the significant value that victims can receive from their claims.
How to File a Claim
Mesothelioma is a nebulous terminal disease that requires expensive treatment and can put families under financial strain. Compensation from asbestos lawsuits allows patients to pay for life-long medical expenses and provide for their loved ones. It also helps pay funeral costs and other expenses.
However, each case is unique, and there are numerous factors that may impact the value of a claim. In a free evaluation of your mesothelioma case, an experienced lawyer will determine your asbestos exposure and the best way to pursue compensation for you.
A mesothelioma attorney will make an action for financial compensation with the responsible party which may include a multi-national company or an insurance company that has assumed the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist in completing the paperwork and ensuring that it is filed before the deadline to comply with the law of the state.
The statute of limitations for each state sets a different date by which mesothelioma sufferers must file legal actions. It is important to work with an attorney for mesothelioma as soon as you can, because if the statute of limitations passes and you are no longer legally entitled to any compensation for your condition.
The mesothelioma lawsuit process typically takes between two and four years from start to finish. A multi-disciplinary legal team will aid you through every step in the process, from gathering medical records, interviewing witness, conducting research, and preparing for trial.
Most asbestos cases are settled with an agreement before going to trial. However, if you're not satisfied with the amount of settlement, your lawyer will not hesitate to take the case to trial on your behalf.
Mesothelioma compensation usually will cover future and past funeral expenses, medical expenses and lost wages, as well as loss of companionship, and other losses related to the disease. Veterans suffering from mesothelioma, as well as other asbestos-related illnesses, should be eligible for VA benefits to pay for treatment and healthcare.
If you're a former soldier diagnosed with mesothelioma, call a mesothelioma lawyer in the United States for a free legal consultation. A dedicated team of mesothelioma experts will determine if you are qualified to file a mesothelioma lawsuit against the companies that exposed you to asbestos during your time in the military.
Settlements
Asbestos victims can receive compensation through settlements or verdicts that are negotiated. Both can assist in covering the costs of treating mesothelioma, and also address other issues such as loss of income or loss of life.
In a settlement that is negotiated, an asbestos manufacturer agrees to pay a victim the amount they have agreed to. Negotiations are carried out between the attorney of the victim 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. One or more companies could be defendants when they manufactured or sold asbestos-containing products on your worksite. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until workers passed away from the disease.
Because many of the asbestos producers went bankrupt due to the flood of lawsuits, the majority of asbestos cases are settled through trust funds. Trusts are able to hold more than $30 billion to help mesothelioma sufferers. A mesothelioma lawyer can help them determine which trust fund to file their claim with.
The average mesothelioma settlement is between $1 million and $2 million. The more money the victim will receive, the more substantial the verdict of the jury. During the trial, mesothelioma attorneys will present evidence, such as medical records and employment history as well as expert witness testimony and other evidence to prove their clients their case.
Even after exposure to asbestos, victims are able to get justice through filing mesothelioma claims. They can make negligent asbestos companies accountable for exposing their loved ones to this preventable illness and pay compensation to cover medical expenses and lost wages.
Mesothelioma is a painful, life-threatening condition that is not always cureable. The financial compensation resulting from a mesothelioma-related case can bring closure to victims families, and help ensure that they receive the financial aid required to live their lives as fully as they can.
Because mesothelioma is a serious and fatal, those who suffer need to act fast. It is crucial to locate a law firm with an established track record of success in litigating mesothelioma cases. Consult with family members who have been diagnosed with the disease, your physician or other sources for recommendations of attorneys in your region.
Trials
Many asbestos-related illnesses sufferers receive compensation through settlements. Some cases do end up in court. A trial can last for several years and requires a jury to decide the award amount. A judge could decide to accelerate the process in cases where the victim is in extremely serious condition. Trials usually result in higher payouts than settlements.
During a mesothelioma lawsuit, attorneys will compile evidence to prove exposure to asbestos. They will also identify companies and manufactures that are responsible for asbestos exposure. Mesothelioma lawyers will try to recover damages for both the victim and their families. These damages can include punitive and compensatory damages. They also seek compensation for the loss of 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 trials and can let the victim access their compensation much earlier. A mesothelioma lawyer can prepare their client for trial, if needed, to maximize the recovery of their client.
Compensation from a mesothelioma case can assist victims in paying their medical bills, lost wages, and other expenses that are associated with the disease. In some instances, compensation can be used to pay for funeral expenses. A lawyer can determine the victim's entitlement to damages by looking over the mesothelioma diagnosis, military and employment histories and family history. They can also check asbestos trust funds to see if manufacturers or employers have paid compensation.
The legal team representing asbestos victims will also think about applying for benefits through the Department of Veterans Affairs. This will allow veterans access to some of the best mesothelioma physicians in the world and additional financial assistance. However, seeking benefits from 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 the majority of mesothelioma cases defendants aren't looking forward to an extensive court trial. They will be afraid of the potential verdict particularly if the trial is involving punitive damages. In addition, the long history of asbestos companies being convicted will make it difficult for them to deny liability at trial.