How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related condition you might be able to make an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding your options and help you begin the process.
The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies may not exist anymore, but they could have established trusts that compensate victims.
Statute of Limitations
A statute of limitations is a law that sets the time limit for when an individual is required to pursue legal action and file a lawsuit. This time frame can differ based on state and case type. In most personal injury cases the statute of limitation begins to run at the point that the accident or injury occurs. However, asbestos sufferers are unique in that many don't realize they suffer from a serious illness like mesothelioma until years after their exposure to the deadly substance. This is why it's important to speak with an attorney for mesothelioma as soon as you can after an announcement of diagnosis.
A qualified mesothelioma lawyer can determine all specifics of a victim's case and ensure their 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 lawsuit, or an asbestos trust fund claim.
Asbestos victims must be aware of the deadlines and the locations where they can file claims. Even if victims fail to meet an important deadline, a mesothelioma attorney might be able to assist clients explore other avenues for compensation. This includes filing additional lawsuits and submitting claims against the asbestos trust fund.
It is also important to remember that a mesothelioma lawsuit can go through a variety of stages before settling or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must identify asbestos companies and products that are accountable. This process can take months or years.
The attorneys then need to gather evidence including medical records, employment histories and the identification of the product. The attorneys must also calculate damages, which include future medical expenses and lost income, as well as emotional distress, and loss of companionship. The lawyer will determine the best way to maximize compensation for their client.
Confidentiality agreements typically prevent the exact amounts of mesothelioma-related compensation from being disclosed. However, some figures become public from time to time. In 2018 the family received a settlement of $630,000 from several defendants in connection with the death of a Redding mechanic from asbestos-related lung cancer. This was the second settlement after the payout in 2017. While these numbers don't represent the total average mesothelioma settlement amount however, they show the substantial benefit that victims can derive from their claims.
How to File a Claim
Mesothelioma is a nebulous terminal disease that requires expensive treatments and often puts families under financial strain. Compensation from asbestos lawsuits allows patients to pay for life-long medical bills and also support their loved family members. It also helps cover funeral costs and other expenses.
However, every case is unique and there are many factors that may influence the value of a claim. In a no-cost mesothelioma case review, a knowledgeable lawyer will determine how asbestos exposure affected your health and will determine the best method to claim compensation on behalf of you.
A mesothelioma attorney will file a claim for financial compensation with the responsible party which could be a multinational firm or an insurance company who has assumed the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist you in filling out the paperwork and ensure that it is filed before the deadline in order to be in compliance with the law of the state.
Each state's statute of limitations has a specific time frame within which mesothelioma patients have to take legal action. You should consult a mesothelioma attorney as soon as you can, because the time limit will expire and you will not be able to get compensation for your illness.
The mesothelioma lawsuit filing process typically takes between two and four years from start to the end. A multi-disciplinary 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 getting ready for trial.
Most asbestos cases reach a settlement before going to trial. However, if you're not satisfied with the settlement amount your lawyer will not be afraid to go to trial on behalf of you.
Compensation for mesothelioma typically will cover future and past medical expenses, funeral costs as well as lost wages, loss of companionship and other losses incurred with the disease. Veterans with mesothelioma, or other asbestos-related diseases, should also apply for VA benefits to help pay for treatment and care.
If you are a veteran diagnosed with mesothelioma, call 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 lawsuit against companies that exposed you to asbestos while serving in the military.
Settlements
Asbestos victims can be compensated through settlements or verdicts negotiated by the victim. Both can help with the expenses of treating mesothelioma as well being able to address other issues, such as loss of income or quality of life.
In a settlement negotiated an asbestos producer will pay a victim an amount that is negotiated. This is reached through negotiations between the lawyer of the victim and the asbestos company responsible for their exposure.
A mesothelioma lawyer will look at your background and asbestos exposure to determine who the defendants are in your case. The defendants could be one or more companies that produced or sold asbestos-containing products at your workplace site. These companies exposed workers to asbestos in a way they knew about and did not inform workers of the dangers until they passed away from the disease.
Since many asbestos producers went bankrupt after being flooded with lawsuits, most asbestos cases now settle through trust funds. Trusts are able to hold more than $30 billion in funds that can help mesothelioma victims. The lawyer of the victim can help them determine which trust fund they should file their claim with.
The average mesothelioma settlement is between $1 million and $2 million. However, the larger a jury verdict, the greater amount the victim is likely to receive. During the trial, mesothelioma lawyers will provide evidence, such as medical records and employment histories and expert witness testimony and other evidence to prove their clients their case.
Despite asbestos exposure, victims can still seek justice by filing a mesothelioma lawsuit. They can make negligent asbestos companies accountable for the exposure of their loved ones to this preventable illness and provide them with compensation to cover medical expenses and lost earnings.
Mesothelioma is an extremely painful, life-threatening disease that isn't always curable. Compensation from a successful mesothelioma suit will bring closure to families of the victims and ensure they get the financial support they need to live their lives as fully as they can.
The seriousness and death of mesothelioma require patients to act swiftly. It is important to find an attorney firm that has an established track record of success in litigating mesothelioma cases. Consult with relatives who have been diagnosed with the disease, your physician or other sources for recommendations on attorneys in your area.
Trials
Many people suffering from asbestos-related diseases receive compensation via settlements. Certain cases end up in court. A trial can last for several years and require jurors to decide on the award amount. A judge may decide to accelerate the process if the victim is in very serious situation. Trials usually result in higher awards than settlements.
Attorneys will collect evidence to prove asbestos exposure in a mesothelioma case. They will also determine the companies and manufactures that are responsible for the asbestos exposure. Mesothelioma lawyers will seek to recover damages on behalf of the victim and their family members. These damages include punitive as well as compensatory damages. Additionally, they will seek to recover compensation for the victim's loss of enjoyment of life and the loss of income.
The majority of victims and their families prefer to settle rather than go to trial. Settlements are less stressful than trials and enable victims to receive their payouts earlier. A mesothelioma lawyer can prepare their client for a trial if necessary to maximize the recovery of their client.
Compensation for mesothelioma may assist patients with medical bills, lost income and other documented expenses related to the disease. In certain instances, it could even cover funeral costs. A lawyer can determine if the victim's entitlement to damages by looking over his or her mesothelioma-related diagnoses as well as employment and military histories and family history. They can also examine asbestos trust funds for compensation from employers and manufacturers.
An asbestos victim's legal team may also look into seeking benefits from the Department of Veterans Affairs. Veterans can gain access to the most reputable asbestos and mesothelioma mesothelioma experts in the world, and also additional financial assistance. The VA does not limit the right of a vet to sue asbestos-related companies that caused their exposure and mesothelioma.
In the majority of mesothelioma cases the defendants don't want an extensive court trial. They are scared of the possible verdict amount especially if the case involves punitive damages. The long history of verdicts in favor of asbestos companies makes it difficult to prove their liability in trial.