How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related disease you might be able to file an asbestos lawsuit. An experienced mesothelioma lawyer can help you understand your options and help you begin the process.
The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies might not exist anymore, but they could have established trusts to compensate the victims.
Statute of limitations
A statute of limitations is a law that sets the time limit for when an individual has to pursue legal action and make a claim. The time limit varies by state and case type. For most personal injury cases the statute of limitations begins to run at the moment of the injury or accident. Asbestos sufferers are unique in that they might not be aware of a serious disease such as mesothelioma lawsuits for a long time after exposure. This is why it’s so important to contact mesothelioma lawyers immediately following the diagnosis.
A mesothelioma lawyer can assist victims understand the specifics of their case and ensure that their legal rights are protected. Once the mesothelioma lawyer is certain they have a valid case, they can file the appropriate claim for compensation. 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 claims. Even if they miss a deadline a mesothelioma attorney may be able help them find alternative options for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.
It is crucial to keep in mind that mesothelioma cases can undergo several stages prior to either a settlement or trial. During the course of litigation, plaintiffs and their mesothelioma lawyers must identify asbestos-related companies and products that are accountable. This may take months or even years to complete.
The attorneys then have to gather evidence, which includes medical records, labor and employment history as well as asbestos product identification. The attorneys will also have to calculate damages. This includes future medical expenses and income loss emotional distress, loss of companionship. The attorney will then determine the best way to achieve the highest amount of compensation for their client.
Exact mesothelioma settlement amounts are often kept secret due to confidentiality agreements. Sometimes, however certain numbers are released. In 2018 the family received a settlement of $630,000 from several defendants in connection with the death of an Redding mechanic who died of asbestos-related lung carcinoma. This was the second settlement for this family following a payout in 2017. While these figures 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 complex, terminal illness that requires expensive treatment and often puts families under financial stress. The benefits of an asbestos lawsuit can be used to pay for medical bills that can prolong the life of a patient and help loved relatives. It also helps cover funeral costs and other expenses.
However, each case is different, and there are a myriad of factors that may impact the value of a claim. When you receive a no-cost review of your mesothelioma lawsuit, an expert lawyer will evaluate your asbestos exposure and the most effective method of pursuing compensation for you.
A mesothelioma lawyer can make an action for financial compensation with the responsible party which may include a multi-national corporation or an insurance company that has assumed liability from a bankrupt asbestos manufacturer. The lawyer will assist you in completing the form and making sure it is filed within the deadline set by the law of the state.
The statute of limitations for each state provides a distinct time frame within which mesothelioma patients have to take legal action. It is essential to speak with an attorney for mesothelioma as soon as possible because once the statute of limitations expires and you are no longer able to recover any compensation for your illness.
The mesothelioma lawsuit filing process typically takes between two and four years from start to end. A multi-disciplinary team of lawyers will help you through every step of the way, including gathering and analyzing medical records as well as interviewing witnesses conducting research, and getting ready for trial.
The majority of asbestos cases settle before trial. If, however, you are not satisfied with the settlement amount the lawyer will not be afraid to go to trial on your behalf.
Compensation for mesothelioma usually covers future and past medical expenses, funeral expenses as well as lost wages, loss of companionship and other losses incurred with the disease. Veterans with mesothelioma, or other asbestos-related diseases, should be eligible for VA benefits to pay for treatment and medical expenses.
If you’re a former soldier diagnosed with mesothelioma, call mesothelioma lawyers from across the country for a no-cost consultation. A dedicated team of mesothelioma lawyers will determine if your eligible to file a mesothelioma suit against companies that exposed you to asbestos while working in the military.
Settlements
Asbestos victims can receive compensation through settlements or verdicts negotiated by the victim. Both of these can help pay for the costs of treating mesothelioma, and also address other issues such as loss of income or quality of life.
In a negotiated settlement, an asbestos manufacturer agrees to compensate a victim with an amount that is negotiated. This is reached through negotiations between the victim’s lawyer and the asbestos company accountable for their exposure.
A mesothelioma lawyer who is knowledgeable will review your work history and asbestos product exposure to identify the defendants in your case. One or more companies could be defendants if they sold or manufactured asbestos-containing products on your worksite. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until they passed away from the disease.
Most asbestos cases are settled through trust funds, since many asbestos producers went bankrupt after being flooded by lawsuits. Trusts are able to hold more than $30 billion in funds to help mesothelioma sufferers. A mesothelioma lawyer can assist them in determining which trust fund to file a claim with.
The average mesothelioma settlement is $1 million to $2 million. However, the larger a jury verdict, the greater amount the victim is likely to receive. During the trial, mesothelioma lawyers will present evidence like medical records, employment history as well as expert testimony and other documents to prove their client’s case.
A mesothelioma lawsuit can be filed by victims who have been exposed to asbestos. They are able to hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and seek compensation to pay the cost of medical treatment and lost wages.
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 ensure that they receive the financial assistance needed to live as fully as they can.
Since mesothelioma can be so serious and fatal, those who suffer must act quickly. It is crucial to locate a law firm with experience of successfully pursuing mesothelioma attorneys claims. Ask your family members, your doctor, or any other sources for recommendations of attorneys in your area.
Trials
Many asbestos-related illness victims receive compensation through settlements. Some cases do end up in court. A trial can last several years, and a jury must determine the amount of compensation. If the victim is severely sick, a judge could decide to accelerate the process. Trials are often more expensive than settlements.
During a mesothelioma lawsuit, attorneys will compile evidence to prove asbestos exposure. They will also determine the companies and manufactures that are responsible for the asbestos exposure. Mesothelioma lawyers will seek to recover damages for the victim and their families. These damages can include compensatory and punitive damages. In addition, they seek to seek compensation for the victim’s loss of enjoyment in life and income loss.
Most victims and their families prefer to settle their claims rather than going to trial. Settlements are usually less stressful than trials and allow the victim to access their compensation much earlier. A mesothelioma lawyer can prepare their client for a trial, if needed, to maximize the amount of compensation received by their client.
Compensation for mesothelioma may help victims cover their medical expenses, lost income, and other expenses that are attributed to the disease. In some cases, compensation may cover funeral expenses. A lawyer can determine whether a victim is eligible to claim damages by examining their mesothelioma diagnose, their employment and military histories and their family history. They can also check asbestos trust funds to see if manufacturers or employers have paid compensation.
A legal team representing an asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. This could give veterans access to some of the most renowned mesothelioma specialists in the world and additional financial assistance. However, the benefits of the VA doesn’t limit the rights of veterans to file a lawsuit against the asbestos companies responsible for their exposure and mesothelioma.
In the majority of mesothelioma cases the defendants don’t want an extensive court trial. They are afraid of the potential verdict especially if the case involves punitive damages. The long history of verdicts involving asbestos companies makes it difficult to deny liability during trial.