How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related illness you might be able to bring an asbestos lawsuit. An experienced mesothelioma lawyer can help you understand the options available to you and help start the process.
The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies often are no longer in existence, but they may have established trusts to compensate victims.
Statute of Limitations
A statute of limitations is a law that determines the time limit for when one has to legally take legal action and bring a lawsuit. The time limit varies by the state and the type of case. In the majority of personal injury cases, the statute of limitation clock begins to tick when the accident or injury occurs. Asbestos victims are different in that they might not be aware of a serious disease such as mesothelioma for a long time after exposure. It’s important to contact an attorney as soon after receiving a diagnosis as is possible.
A qualified mesothelioma attorney can assess the details of a victim’s situation and make sure their legal rights are secured. If the lawyer is convinced that they have a strong case they will make the appropriate compensation claim. This could be a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.
Asbestos sufferers should be aware of their filing dates and filing locations. Even when they do not meet an important deadline an attorney for mesothelioma may be able to assist clients explore other avenues for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.
It is important to remember that mesothelioma cases may undergo several stages prior to the settlement or trial. During the litigation process, victims must work with their mesothelioma lawyers in order to find responsible asbestos-related companies and their products. This process can take months or years.
The attorneys should gather evidence, which includes medical records, employment and labor history and asbestos product identification. The attorneys must also calculate damages, which could include future medical expenses and lost income, as well as emotional distress and loss of companionship. The lawyer will then determine the best strategy for achieving the maximum amount of compensation for their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma-related compensation from being disclosed. Occasionally, however certain amounts are released. In 2018 the family received a settlement of $630,000 from several defendants in connection with the death of a Redding mechanic due to asbestos-related lung carcinoma. This was their second settlement after the payout in 2017. While these figures don’t represent the total mesothelioma average but they do show the huge value that victims can receive from their claims.
Making a Claim
Mesothelioma is a nebulous terminal disease that requires expensive treatments and frequently puts families in financial straits. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and support their loved ones. It also helps pay funeral costs and other expenses.
Every case is unique and a variety of factors can impact the value of an claim. When you receive a free mesothelioma claim review, an experienced lawyer will determine the extent to which asbestos exposure has affected your health and will determine the best method to claim compensation on behalf of you.
A mesothelioma attorney will submit a claim for financial compensation with the responsible party which could be a multinational firm or an insurance company who has assumed liability from a bankrupt asbestos manufacturer. The attorney will assist you in completing the form and ensuring that it is filed before the deadline set by the law of the state.
Each state’s statute of limitation sets a different deadline within which mesothelioma patients have to take legal action. It is essential to speak with an attorney for mesothelioma as soon as you can because once the statute of limitations expires and you are no longer in a position to claim any compensation for your condition.
The mesothelioma lawsuit process usually takes between two and four years from start to the end. A multi-disciplined team of lawyers will be there to assist you through every step of the way, including collecting and analyzing medical data as well as interviewing witnesses, conducting research and getting ready for trial.
The majority of asbestos cases settle for 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.
Mesothelioma compensation typically will cover future and past funeral expenses, medical expenses as well as lost wages, loss of companionship and other costs associated with the disease. In addition veterans who are diagnosed with mesothelioma or an asbestos-related illness should seek benefits through the VA to pay for their treatment and care.
If you are a veteran diagnosed with mesothelioma or other cancers, contact a mesothelioma lawyer in the United States to get a no-cost legal consultation. A team of mesothelioma attorneys will determine if your mesothelioma claim can be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims can be compensated through settlements or verdicts negotiated by the victim. Both of these can help pay for the costs of treating mesothelioma as well as other issues like loss of income or loss of life.
In a settlement by a manufacturer of asbestos attorney, the company agrees to pay a victim a specific 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 one or more companies that manufactured or sold asbestos-containing products at your work site. These companies exposed workers to asbestos in a way they knew about and did not warn of the dangers until workers died from the disease.
Since a lot of asbestos producers went bankrupt after they were inundated with lawsuits, most asbestos cases are settled through trust funds. These trusts hold over $30 billion to aid mesothelioma sufferers. A mesothelioma lawyer can help them determine which trust fund to file their claim with.
The mesothelioma average settlement is between $1 million and $2 million. However, the higher a jury verdict, the more a victim can expect to receive. In the trial phase mesothelioma lawyers provide evidence, such as medical records, employment history, expert testimony and other documents to prove their client’s case.
A mesothelioma case 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 offer compensation to cover the cost of medical treatment and lost wages.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn’t always cureable. Compensation from a mesothelioma lawsuit that is successful can bring closure to families of the victims and ensure that they receive the financial help they require to live their lives as fully as they can.
The severe and fatality of mesothelioma demands that patients respond quickly. It is important to find an attorney firm that has an established track record of success in litigating mesothelioma cases. Ask your family members, your doctor, or other sources for recommendations of attorneys in your area.
Trials
Many asbestos-related illness victims receive compensation through settlements. However, some cases end up going to trial. A trial can take several years and require jurors to decide on the amount of the award. If the victim is seriously sick, a judge might choose to accelerate the process. Trials usually result in higher awards than settlements.
Attorneys will collect evidence to prove asbestos exposure in mesothelioma cases. They will also identify companies and manufacturers responsible for the asbestos exposure. Mesothelioma lawyers will try to recover damages for the victim and their families. These damages include punitive and compensatory damages. They will also seek compensation for the victim’s lost income and enjoyment of life.
Most victims and their families prefer to settle their claims rather than go to trial. Settlements are less stressful than trials and allow victims to receive their compensation sooner. However, an experienced mesothelioma lawyer will plan for a trial if necessary to maximize their client’s recovery.
The money received from a mesothelioma cancer case can help patients pay for their medical bills, lost wages and other expenses that are associated with the disease. In certain instances, compensation can be used to pay for funeral expenses. A lawyer can determine if a victim is eligible for compensation by looking over their mesothelioma diagnose, their work and military history as well as their family history. They can also review asbestos trust funds to determine compensation from employers and manufacturers.
The legal team representing asbestos victims will also think about applying for benefits through the Department of Veterans Affairs. This can give veterans access to the best mesothelioma doctors around the world as well as financial assistance. The VA will not restrict the rights of a veteran to sue asbestos companies that caused their exposure and mesothelioma.
In most mesothelioma lawsuits defendants will not want to see a case reach a full-blown trial. They are scared of the potential verdict particularly if the trial involves punitive damages. The long history of verdicts in favor of asbestos companies makes it difficult to prove their liability in trial.
