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 bring an asbestos lawsuit. An experienced mesothelioma lawyer can help you understand the options available to you and help begin the process.
The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies may no longer exist but may have established trusts that compensate victims.
Statute of limitations
A statute of limitations is a law that defines the maximum amount of time allowed for someone to file a lawsuit or take legal action. 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. Asbestos sufferers are unique in that they may not be aware of a serious disease like mesothelioma for years after exposure. It is crucial to speak with an attorney as soon after a diagnosis as possible.
A mesothelioma lawyer can help victims determine the specifics of their case and ensure their rights are protected. When the lawyer is sure that they have a solid case, they will file the appropriate compensation claim. This could be an injury lawsuit for personal injuries or wrongful death suit, or an asbestos trust fund claim.
Asbestos sufferers must be aware of the deadlines and places where they can file their claims. Even if victims fail to meet the deadline, a mesothelioma lawyer might be able to assist them find alternative options for compensation. This could include additional lawsuit filing locations and asbestos trust fund claims.
It is important to remember that mesothelioma cases can undergo several stages prior to a settlement or a trial. During the litigation process the victims must collaborate with their mesothelioma lawyers to determine the responsible asbestos companies and products. This may take months or even years to complete.
The attorneys will then collect evidence such as medical records, employment history, and product identification. The attorneys must also calculate damages, which could include future medical expenses, lost income, emotional distress and loss of companionship. The lawyer will determine the best method to maximize compensation for their client.
Settlement amounts for mesothelioma are often kept private due to confidentiality agreements. However, some figures get public from time to time. For instance, in the year 2018 the family of a Redding mechanic who died from lung cancer caused by asbestos received an amount of $630,000 from several defendants. This was the second settlement for this family following a settlement in 2017. These figures don’t represent the amount of settlement that is typical for mesothelioma. However, they do show the value of what patients receive.
How to File a Claim
Mesothelioma is a complex terminal disease that requires costly treatments and can put families under financial stress. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical expenses and provide for their loved ones. It also helps pay for funeral costs and expenses.
However, each case is unique, and there are numerous aspects that can affect a claim’s potential value. When you receive a no-cost review of your mesothelioma case, an expert lawyer will evaluate your asbestos exposure and the best method of pursuing compensation for you.
A mesothelioma lawyer may make a claim with the responsible party for financial compensation. This could be a multinational company or an insurer who has assumed responsibility from a bankrupt manufacturer of asbestos. The lawyer will assist you in completing the form and making sure it is filed before the deadline in order to be in compliance with the law of the state.
The statutes of limitations for each state set a different timeline within which mesothelioma victims must take legal actions. 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 able to recover any compensation for your illness.
The mesothelioma lawsuit process usually takes between two and four years from beginning to end. A multi-disciplinary team of lawyers will help you every step of the way, such as gathering and analyzing medical records and interviews with witnesses conducting research, and making preparations for trial.
Most asbestos cases settle prior to trial. If you aren’t satisfied with the settlement amount, your lawyer will not hesitate in taking your case to trial.
Mesothelioma compensation typically will cover future and past funeral expenses, medical expenses and lost wages, as well as loss of companionship and other costs associated with the disease. Veterans suffering from mesothelioma, as well as other asbestos-related diseases, should also apply for VA benefits to pay for treatment and care.
Contact a law firm in the United States that specializes in mesothelioma law for free consultation. A dedicated team of mesothelioma experts will determine if you’re eligible to file a mesothelioma claim against the companies that exposed you to asbestos compensation while serving in the military.
Settlements
Asbestos victims can receive compensation through negotiated settlements or judgments. Both can help with the costs associated with treating mesothelioma as well in addressing other issues such as loss of income or quality of life.
In a negotiated settlement the asbestos manufacturer will compensate a victim with a negotiated amount of money. This is reached through negotiations between the lawyer of the victim and the asbestos company responsible for their exposure.
A knowledgeable mesothelioma lawyer will examine your employment history and asbestos product exposure to determine the defendants in your case. The defendants could be a number of companies that sold or made asbestos-containing products at your work site. These companies exposed workers to asbestos in a way they knew about and did not inform workers of the dangers until workers died from the disease.
Because many of the asbestos producers went under due to the flood of lawsuits, the majority of asbestos cases now settle through trust funds. These trusts have over $30 billion in funds to aid mesothelioma sufferers. The victim’s attorney can help them determine which trust fund to file their claim with.
The average mesothelioma settlement is $1 million to $2 million. The more money a victim will receive, the bigger the verdict of the jury. During the trial, mesothelioma attorneys will provide evidence, such as medical records and employment histories, expert witness testimony, and other documents to support their clients their case.
Even after exposure to asbestos, victims are able to get justice through filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for the risk of exposing their loved ones this disease that is preventable and provide them with compensation to cover their medical expenses and lost wages.
Mesothelioma is an incredibly painful, life-threatening illness that is not always curable. Compensation from a successful mesothelioma lawsuit will bring closure to families of the victims and ensure they get the financial support they need to live their lives as full as possible.
The severity and fatality of mesothelioma require patients to take action swiftly. Locating a law firm that has proven success in pursuing mesothelioma cases is essential. Ask your family members, doctor, or other sources for recommendations of attorneys in your region.
Trials
Many Asbestos law-related disease victims receive settlements to compensate them. Certain cases end up in court. A trial can last for several years, and a jury must decide the amount of compensation. If the victim is extremely sick, a judge might decide to speed up the process. Trials often result in higher amounts than settlements.
In a mesothelioma suit, attorneys will compile evidence to prove asbestos exposure. They will identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will seek damages for the victim and their family. These damages include punitive and compensatory damages. They will also seek to recover compensation for the victim’s lost income and enjoyment of life.
The majority of victims and their families prefer to settle their claims rather than going to trial. Settlements tend to be less stressful than a trial and may allow the victim to access their compensation earlier. However, an experienced mesothelioma lawyer will plan 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 documented expenses related to the disease. In some instances, it could even cover funeral expenses. A lawyer can determine whether a victim is eligible for compensation by looking over their mesothelioma diagnosis, employment and military histories as well as their family history. They can also review asbestos trust funds for compensation from manufacturers and employers.
The legal team representing asbestos victims may also look into pursuing benefits from the Department of Veterans Affairs. This will allow veterans access to some of the best mesothelioma physicians around the world as well as financial assistance. However, pursuing benefits from the VA does not limit a veterans right to file an action against the asbestos companies responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits the defendants would prefer not to see a case reach a full-blown trial. They will be scared of the potential verdict amount especially if the case includes punitive damage. The long history of verdicts involving asbestos companies makes it difficult to prove their liability in trial.