How to File an Asbestos Lawsuit
You may be able to bring a lawsuit in the event that 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 often are no longer in existence however they may have established trusts to compensate victims.
Statute of limitations
A statute of limitations is a law that sets the maximum amount of time one must legally take legal action and file a lawsuit. This limit can vary by state and case type. In the majority of personal injury cases, the statute of limitation begins to run at the time the injury or accident occurs. However, asbestos-related victims are different in that a lot of them do not realize they have mesothelioma, a serious disease, until years after exposure to the toxic substance. This is why it’s important to contact an attorney for mesothelioma as soon as possible after an announcement of diagnosis.
A qualified mesothelioma lawyer will be able to determine the specifics of a patient’s case and ensure that their legal rights are secured. When the mesothelioma lawyer has become convinced they have a solid case they can file the proper claim for compensation. This could be a personal injury lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos victims should be aware of their filing dates and filing locations. Even when they do not meet a deadline, a mesothelioma lawyer might be able to help victims explore other avenues for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.
It is also important to remember that mesothelioma lawsuits can go through a variety of stages before reaching a settlement or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must identify asbestos-related companies and products responsible. This could take months or even years to complete.
The attorneys must then gather evidence such as medical records, employment history, and 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 decide the best method to get the most compensation for their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma-related compensation from being disclosed. Sometimes, however certain amounts are released. For instance, in 2018, the family of a Redding mechanic who passed away from lung cancer caused by asbestos received an agreement worth $630,000 with multiple defendants. This was the second settlement following the payout in 2017. These figures do not represent the amount of settlement that is typical for mesothelioma, but they do show the value that patients receive.
Filing a Claim
Mesothelioma is a complicated, terminal illness that requires expensive treatments and frequently puts families in financial straits. Compensation from asbestos lawsuits allows patients to pay for life-long medical bills and support their loved ones. It also helps pay for funeral costs and expenses.
However, every case is unique and there are many variables that could affect a claim’s potential value. During a free mesothelioma case review, a skilled lawyer will determine the impact asbestos exposure had on your health and decide on the best avenue to seek compensation on your behalf.
A mesothelioma lawyer will make a claim for financial compensation with the responsible party, which may include a multi-national company or an insurance company that has assumed the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist you complete the required paperwork and ensure it is timely filed to ensure compliance with the state’s laws.
Each state’s statutes of limitations provide a distinct timeframe within which mesothelioma sufferers have to take legal action. It is important to consult with a mesothelioma attorney as soon as you can, since the statute of limitations will expire and you’ll be unable to get compensation for your illness.
The mesothelioma lawsuit filing process usually takes between two and four years from beginning to finish. A multi-disciplined legal team will help you at every step in the process, from gathering medical records, interviewing witnesses, conducting research, and preparing for trial.
The majority of asbestos cases settle before trial. If you are not happy with the settlement amount your lawyer will not hesitate in taking your case to trial.
The mesothelioma compensation typically will cover future and past medical costs, funeral expenses, lost wages, loss companionship and other losses incurred with the disease. Veterans suffering from mesothelioma, as well as other asbestos lawyers-related illnesses, must also apply for VA benefits to help pay for treatment and healthcare.
Contact a law firm in the United States that specializes in mesothelioma to arrange a free consultation. A team of mesothelioma attorneys will determine if your mesothelioma case could be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both can help with the expenses associated with treating mesothelioma, as well in addressing other issues such as loss of income and quality of life.
In a negotiated settlement the asbestos manufacturer agrees to compensate the victim with a negotiated amount of money. Negotiations are conducted between the victim’s attorney and the asbestos company responsible for the victim’s exposure.
A mesothelioma lawyer will look at your work history and asbestos exposure to determine who the defendants are in your case. The defendants could be any of the companies that produced or sold asbestos-containing products at your workplace site. These companies exposed workers to asbestos attorney knowingly and did not inform workers of the dangers until workers died from the disease.
Most asbestos cases are resolved through trust funds, as many asbestos manufacturers went bankrupt after being flooded by lawsuits. Trusts are able to hold more than $30 billion in funds to aid mesothelioma sufferers. The victim’s attorney can help them determine which trust fund they should make a claim with.
The mesothelioma average settlement is between $1 million and $2 million. The more money the victim will receive, the greater the verdict of the jury. During the trial mesothelioma lawyers present evidence like medical records, employment histories, expert testimony and other documentation to prove their client’s case.
Even after exposure to asbestos, victims are able to get justice through filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing their loved ones to this disease that is preventable and pay compensation to cover their medical expenses and lost earnings.
Mesothelioma is a painful, life-threatening condition that isn’t always curable. Compensation from a mesothelioma case can bring closure to the victims families, and help ensure that they receive the financial support required to live as full as they can.
The seriousness and death of mesothelioma requires victims to respond swiftly. It is crucial to locate a law firm with an established track record of success in seeking mesothelioma compensation claims. Ask family members, your doctor, or any other sources for recommendations of attorneys in your area.
Trials
Many people suffering from asbestos-related diseases receive compensation through an agreement. However, some cases will go to trial. The trial could last for several years and the jury has to decide on the amount of compensation. A judge may decide to accelerate the process in cases where the victim is in a very serious situation. Trials often result in higher awards than settlements.
In a mesothelioma suit, attorneys will compile evidence to prove asbestos exposure. They will also identify companies and manufacturers responsible for asbestos exposure. Mesothelioma lawyers will seek to recover damages on behalf of the victim and their family. These damages can include punitive and compensatory damages. They will also seek compensation for the loss of income and enjoyment of life.
The majority of victims and their family members prefer to settle rather than go to trial. Settlements are usually less stressful than a trial and can allow the victim to access their compensation earlier. However, an experienced mesothelioma lawyer will plan for a trial if necessary to maximize their client’s recovery.
The compensation from a mesothelioma lawsuit can assist victims in paying their medical bills, lost wages, and other expenses that are associated with the disease. In certain cases, compensation can cover funeral expenses. A lawyer can determine if a victim is eligible to claim damages by examining their mesothelioma diagnosis, work and military history as well as their family history. They can also review asbestos trust funds for compensation from manufacturers and employers.
An asbestos victim’s legal team will also consider pursuing benefits from 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 assistance. However, seeking benefits from the VA does not limit the rights of veterans to file a lawsuit against the asbestos companies responsible for their exposure and mesothelioma.
In most mesothelioma lawsuits, defendants will not want to see their case go through a full-blown trial. They are scared of the potential verdict particularly if the trial involves punitive damages. Additionally, the long history of verdicts against asbestos companies will make it difficult for them to deny the liability in court.