How to File an Asbestos Lawsuit
If you or someone close to you 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 know your options and begin the process.
In a mesothelioma case, the defendants are the asbestos exposure companies. These companies usually are no longer in existence however, they could have established trusts to compensate victims.
Statute of limitations
A statute of limitations is a law which sets the maximum time limit for someone to start a lawsuit or take legal action. This limit can vary by the state and the type of case. In most personal injury cases, the statute of limitations clock begins to tick at the time of the incident or injury. However, asbestos victims are unique in that many don’t know they have mesothelioma, a serious disease, until years after their exposure to the toxic substance. This is why it’s important to contact an attorney for mesothelioma as soon as you can after an announcement of diagnosis.
A mesothelioma lawyer can assist patients determine the details of their case and ensure that their legal rights are secured. When the mesothelioma lawyer has become certain they have a valid case they can file the proper claim for compensation. It could be a personal injuries lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos victims must be aware of the deadlines and locations where they can file claims. Even when they do not meet a deadline an attorney for mesothelioma may be able to help clients explore other avenues for compensation. This could include filing additional lawsuits and making claims against the asbestos trust fund.
It is also crucial to remember that a mesothelioma case can go through many stages before reaching a settlement or trial. During the course of litigation, mesothelioma victims and their attorneys must identify asbestos legal-related companies and products that are accountable. It could take months or even years to complete.
The attorneys will then collect evidence such as medical records, employment histories, and product identification. The attorneys also need to calculate damages, which include future medical expenses, lost income, emotional distress, and loss of companionship. The lawyer will determine the best way to maximize the amount of compensation they can offer their client.
Settlement amounts for mesothelioma are usually kept secret because of confidentiality agreements. However, some figures appear on the public at times in time. In 2018 the family received a settlement of $630,000 from multiple defendants for the death of an Redding mechanic due to asbestos-related lung carcinoma. This was the second settlement following one in 2017. These figures do not represent the typical settlement amount for mesothelioma. However they do show the value that patients receive.
How to File a Claim
Mesothelioma is a complicated, terminal illness that requires expensive treatment and can put families in financial straits. The compensation from an asbestos lawsuit could be used to pay medical bills that can prolong the life of a patient and provide support for loved ones. It also helps with funeral costs and other expenses.
Each case is unique and many factors can affect the potential value of an claim. During a free mesothelioma case review, an experienced lawyer will determine the extent to which asbestos exposure has affected your health and decide on the best way to claim compensation on behalf of you.
A mesothelioma lawyer will make a claim with the responsible party for financial compensation. This could be a multinational corporation or an insurance company that has taken over the responsibility of a bankrupt manufacturer of asbestos. The attorney will assist in completing the form and ensure that it is filed within the deadline to comply with the law of the state.
The statutes of limitations for each state define a specific timeframe within which mesothelioma sufferers have to take legal action. It is crucial to consult with an attorney for mesothelioma as soon as possible because once the statute of limitations passes and you are no longer in a position to claim any compensation for your illness.
The mesothelioma lawsuit filing process usually takes between two and four years from start to end. A multi-disciplined team of lawyers will be there to assist you throughout the way, including gathering and analyzing medical records as well as interviewing witnesses, conducting research and preparing for trial.
Most asbestos cases reach a settlement before going to trial. If you aren’t satisfied with the settlement amount your lawyer will not hesitate in taking your case to trial.
Compensation for mesothelioma typically covers past and future medical expenses, funeral expenses, lost wages, loss companionship and other losses incurred with the disease. Veterans with mesothelioma, or other asbestos-related diseases, should be eligible for VA benefits to help pay for treatment and care.
If you are a veteran diagnosed with mesothelioma or other cancers, contact a national mesothelioma law firm for a no-cost consultation. A team of mesothelioma lawyers will determine if you’re qualified to file a mesothelioma claim against companies that exposed you to asbestos lawyer during your time in the military.
Settlements
Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both can assist in covering the cost of treating mesothelioma, and also address other issues like loss of income or loss of life.
In a settlement negotiated by a manufacturer of asbestos, the company agrees to pay a victim a certain amount of money. This is reached through discussions between the victim’s lawyer and the asbestos company accountable for their exposure.
A knowledgeable mesothelioma lawyer will examine your employment history and asbestos product exposure to identify the defendants in your case. The defendants could be one or more companies that sold or made asbestos-containing products at your workplace site. These companies exposed workers to Asbestos case in a way they knew about and did not warn of the dangers until workers passed away from the disease.
Since many asbestos settlement manufacturers went bankrupt after being flooded with lawsuits, most asbestos cases are settled through trust funds. Trusts have more than $30 billion in funds to aid mesothelioma sufferers. Lawyers for the victim can help them determine which trust fund they should submit their claim to.
The average mesothelioma settlement is $1 million to $2 million. However, the higher a jury verdict, the more the victim is likely to receive. During the trial phase, mesothelioma lawyers will present evidence like medical records, employment histories, expert testimony and other documents to prove their client’s case.
Despite asbestos exposure, victims are able to get justice through filing mesothelioma claims. They can hold negligent asbestos companies accountable for exposing loved family members to this deadly disease and seek compensation to pay the cost of medical treatment and lost wages.
Mesothelioma is an extremely painful, life-threatening disease that is not always cureable. Compensation from a mesothelioma case can bring closure to victims’ families, and ensure that they receive the financial support required to live their lives as fully as they can.
Because mesothelioma is so severe and deadly, the patients must act swiftly. Finding a law firm that has a successful track record in pursuing mesothelioma cases is crucial. Check with family members who have been diagnosed with the disease, your doctor or other sources for recommendations of lawyers in your area.
Trials
Many asbestos compensation-related illnesses sufferers receive compensation through settlements. However certain cases end up going to trial. A trial can take several years and require an impartial jury to determine the award amount. A judge can decide to accelerate the process if the victim is in very serious situation. Trials can be more expensive than settlements.
During a mesothelioma lawsuit attorneys compile evidence to prove asbestos exposure. They will also determine the companies and manufacturers responsible for the asbestos exposure. Mesothelioma lawyers will try to recover damages for the victim and their family members. These damages include compensatory and punitive damages. In addition, they seek to seek compensation for the victim’s loss of enjoyment from life and income loss.
The majority of victims and their families prefer to settle instead of go to trial. Settlements are less stressful than trials and allow victims to receive their compensation sooner. A mesothelioma lawyer will 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 certain cases, it may even cover funeral costs. A lawyer can determine if a victim is eligible for damages by reviewing their mesothelioma diagnose, their military and employment history and their family history. They can also examine asbestos trust funds for compensation from manufacturers and employers.
A legal team representing an asbestos victim may also be able to pursue benefits through the Department of Veterans Affairs. This could give veterans access to the best mesothelioma physicians around the world, as well as financial assistance. However, seeking benefits from the VA doesn’t limit the right of a veteran to file an action against the asbestos companies that are responsible for their exposure and mesothelioma.
In the majority of mesothelioma cases the defendants don’t want a full-blown court trial. They are afraid of the possible verdict amount especially if the case is involving punitive damages. Additionally, the long history of verdicts against asbestos companies will make it difficult to prove their the liability in court.