How to File an Asbestos Lawsuit
You may be able to file a lawsuit if you or someone you know has been diagnosed with a disease related to asbestos. A qualified mesothelioma attorney can assist you in understanding the options available to you and help begin the process.
In a mesothelioma lawsuit the defendants are asbestos-exposure companies. These companies usually have gone out of business however they may have set up trusts to compensate victims.
Statute of limitations
A statute of limitations is a law that defines the maximum time limit for a person to file a lawsuit or take legal action. This limit can vary 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 different in that a lot of them don’t realize they suffer from mesothelioma, a serious disease, until years after their exposure to the deadly substance. This is why it’s so important to speak with a mesothelioma attorney as soon as you can after the diagnosis.
A qualified mesothelioma attorney will be able to determine the specifics of a patient’s case and ensure that their legal rights are protected. After the mesothelioma attorney is confident they have a strong case and is confident that they have a strong case, they can file the appropriate claim for compensation. This could be a personal injuries lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos sufferers should be aware of their filing deadlines and locations. Even if victims miss a deadline a mesothelioma attorney might be able to assist them explore alternative avenues of compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.
It is important to remember that mesothelioma cases may undergo several stages prior to either a settlement or trial. In the course of litigation, the victims and their mesothelioma attorneys must identify asbestos-related companies and products that are responsible. It could take months or even years to complete.
The attorneys then have to collect evidence, such as medical documents, employment and labor history and asbestos product identification. The attorneys also need to calculate damages, which could include future medical expenses as well as lost income, emotional distress and loss of companionship. The lawyer will determine the best way to maximize compensation for their client.
Confidentiality agreements usually prevent the exact amount of mesothelioma-related compensation from being disclosed. However, some figures do become public from time to time. In 2018 the family received a settlement of $630,000 from a variety of defendants for the death of an Redding mechanic due to asbestos-related lung cancer. This was the second settlement for the family following a prior settlement in 2017. These figures do not represent the average settlement amount for mesothelioma, but they do demonstrate the value that patients receive.
Filing a Claim
Mesothelioma is a complex terminal disease that requires costly treatments and often puts families in financial straits. The compensation from asbestos lawsuits allows patients to pay for life-extending medical expenses and provide for their loved ones. It also helps to cover funeral costs and other expenses.
Every case is unique and many factors can affect the value of a claim. When you receive a free mesothelioma claim review, an experienced lawyer will determine how asbestos exposure affected your health and will determine the best method to seek compensation on your behalf.
A mesothelioma lawyer will file a claim with the responsible party to receive financial compensation. This could be a multinational company or an insurer who has assumed responsibility from a bankrupt producer of asbestos. The attorney will assist you complete the necessary paperwork and ensure that it is filed on time to comply with state laws.
The statutes of limitation in each state define a specific timeframe within which mesothelioma patients have to take legal action. It is recommended that you consult a mesothelioma attorney as early as you can, because the statute of limitation will run out and you won’t be able get compensation for your illness.
The mesothelioma lawsuit filing process usually takes between two and four years from start to the end. A multi-disciplined legal team will assist you in every step of the process, including collecting medical records, interviewing witness as well as conducting research and preparing for the trial.
Most asbestos cases reach a settlement before going to trial. If, however, you are not satisfied with the settlement amount the lawyer will not be afraid to go to trial on behalf of you.
Mesothelioma compensation typically covers 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 another asbestos-related illness should seek benefits through the VA to pay for their treatment and care.
If you’re a veteran diagnosed with mesothelioma, call a national mesothelioma law firm for a free legal consultation. A team of mesothelioma lawyers will determine if your mesothelioma claim may be filed against a company who exposed you to asbestos during your military service.
Settlements
Asbestos victims can receive compensation through settlements or verdicts that are negotiated. Both can help cover the cost of treating mesothelioma and address other issues, such as loss of income or quality of life.
In a settlement negotiated an asbestos producer will compensate a victim with a negotiated amount of money. Negotiations are conducted between the victim’s lawyer and the asbestos company responsible for the victim’s exposure.
A mesothelioma lawyer will look at your background and asbestos exposure to determine who the defendants in your case are. The defendants could be one or more companies that manufactured or sold asbestos-containing products at your workplace site. These companies exposed workers to asbestos knowingly and failed to warn workers of the dangers until workers passed away from the disease.
Since many asbestos producers went bankrupt due to the flood of lawsuits, the majority of asbestos cases are now settled using trust funds. Trusts are able to hold more than $30 billion in funds to aid mesothelioma sufferers. The victim’s mesothelioma attorney can help them determine which trust fund to file their claim with.
The mesothelioma average settlement ranges from between $1 million and $2 million. However, the higher a jury verdict, the more the victim will receive. During the trial mesothelioma lawyers provide evidence, such as medical records, employment history, expert testimony and other evidence to support their client’s case.
Despite exposure to asbestos, those affected are able to get justice through filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing their loved ones to this avoidable illness and seek compensation to pay the cost of medical treatment and lost wages.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn’t always cureable. The compensation from a mesothelioma lawsuit 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.
Because mesothelioma is a serious and deadly, the patients must act swiftly. Locating a law firm that has a track record of success in the pursuit of mesothelioma cases is essential. Ask your family members, your doctor, or any other sources to recommend attorneys in your area.
Trials
Many sufferers of asbestos-related illnesses are awarded compensation through settlements. However certain cases are eventually taken to trial. A trial could take a few years and requires jurors to decide on the amount of the award. A judge may decide to accelerate the process if the victim is in very serious condition. Trials can be more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure during a mesothelioma case. They will also identify companies and manufacturers that are responsible for the asbestos exposure. Mesothelioma attorneys will seek damages for the victim as well as their family members. These damages can include punitive and compensatory damages. In addition, they will seek to recover compensation for the victim’s loss of enjoyment from life and the loss of income.
Most victims and their families prefer to settle their claims rather than go to trial. Settlements are less stressful than trials and permit victims to receive their money faster. However, an experienced mesothelioma attorney will prepare for a trial if required to maximize the amount of compensation their client receives.
Compensation for mesothelioma may aid victims in paying their medical expenses, lost income, and other expenses that are attributed to the disease. In some cases, it may even pay for funeral expenses. A lawyer can determine if the victim’s entitlement to damages by looking over his or her mesothelioma-related diagnoses as well as employment and military histories and family history. They can also review asbestos trust funds for compensation from employers and manufacturers.
A legal team representing an asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. This can give veterans access to some of the most renowned mesothelioma specialists around the world, as well as financial support. The VA will not limit the right of a veteran to sue asbestos-related companies which caused their exposure, and mesothelioma.
In most mesothelioma lawsuits the defendants do not want to see the case progress to an entire trial. They are scared of the possible verdict amount, particularly if a case is involving punitive damages. In addition, the long history of asbestos companies being convicted will make it difficult for them to deny the liability in court.