Mesothelioma Lawsuits
Mesothelioma suits allow victims to be compensated for medical expenses as well as suffering and pain. An asbestos lawyer who is qualified will examine your personal information to determine which options are the best to secure compensation.
The law suits can also help to bring accountable negligent asbestos companies. Settlements can resolve cases without having to go to trial.
The Statute of Limitations
Mesothelioma victims must file their claims within their state's statute of limitations or by the deadline. Otherwise, they will lose their right to receive compensation. A mesothelioma attorney can help victims determine if they have the time to file their lawsuit.
The statute of limitations differs by state and type of asbestos claim. The deadlines for personal injury lawsuits and claims against trust funds are different. For example, some states allow only two years to file a mesothelioma lawsuit while others allow six. However, mesothelioma attorneys can often secure extensions for victims or exemptions from the statute of limitations.
Asbestos exposure typically occurs over many years. Most of the time the victim won't be aware of the harm until much later. The mesothelioma latency time can range from 40 to 60 years. Experts in asbestos law say this is why most states have a "discovery" rule for asbestos exposure cases. The discovery rule permits the statute of limitations to start when a victim discovers or should have discovered they suffered from a health condition caused by asbestos.
In addition, certain states have a statute of repose in place for asbestos claims. A statute of repose is akin to a statute or limitations however, it runs from the day asbestos exposure took place instead of the date on which the diagnosis was made.
Mesothelioma lawyers can also assist with wrongful death suits filed by the relatives of asbestos victims who have died. Wrongful-death claims are usually subject to the same laws as personal injury cases. In some cases, a wrongful death plaintiff could be eligible for punitive damages. This is rare, but can be beneficial in certain situations.
Preparation
The
mesothelioma litigation process can be daunting, especially because symptoms may not show for 20 to 50 years. A legal action can aid patients and their families obtain compensation to pay for medical expenses, lost wages and suffering and pain that comes mesothelioma.
An attorney for mesothelioma can guide victims and ensure they receive the highest amount of compensation. The process begins with the filing of a complaint that includes mesothelioma diagnosis and the list of damages demanded.
The defendants will then be given the opportunity to respond. This phase involves gathering more information and may also include a recording deposition of your lawyer in the presence. Often the mesothelioma and defendants attorneys will try to settle the matter during this phase. This will save the defendants from the cost of a trial as well as the risk of a negative jury verdict.
If a settlement is not reached, the case will proceed to the discovery stage, where both your attorneys and those of the defendants gather evidence on both sides. During this phase, the defendants could also be questioned. This could take a few months. Your attorney and you should be prepared for the next stage of the process. You will be asked about your employment history, places where asbestos exposure took place, and whether you, or a member of your family, was exposed by secondhand means.
The most efficient method of preparing for this portion of the case is to speak with a mesothelioma lawyer about your case and the history. They have access to databases with asbestos producers and can determine the extent to which you were exposed. They can also decide which companies to sue the most, which court to go with and when to file a claim to an asbestos trust fund.
Discovery
The legal process begins with gathering evidence, which could include medical records or asbestos testing results. A mesothelioma lawyer can tell you where to find the most relevant documents, and may be able to request asbestos company records through state and federal agencies.
A seasoned mesothelioma lawyer can use this information to create a strong case and build an outline of the time frame for exposure. This information can help lawyers to determine if their statute of limitations has expired and file a lawsuit on behalf of their clients.
A lawsuit may help to families and victims for the costs related to treatment for mesothelioma, which includes lost wages, medical expenses and emotional distress. A mesothelioma lawsuit that is successful can assist in resolving additional costs that Medicare and private insurance cannot cover.
It is crucial to choose mesothelioma lawyers with expertise in representing asbestos victims. The firm should offer an initial free assessment of your case and manage every aspect of the legal procedure. The firm's lawyers work on an hourly basis. This means that they will not charge upfront fees, and will only take a small portion of the settlement or verdict.
Mesothelioma lawsuits are filed under the product liability law which makes companies accountable for the production of or selling asbestos-containing products deemed to be harmful. Mesothelioma sufferers can make a personal injury claim or a claim for wrongful deaths to claim compensation. If a victim dies before their mesothelioma case is settled, the victim's estate can make a claim for wrongful death to hold the responsible party accountable for their loss. A
mesothelioma law attorney can explain how each type of lawsuit is handled and the compensation amounts available.
Trial
Although a mesothelioma lawsuit that is successful cannot completely compensate you or your loved one for the negative effects of this horrible illness, it can help pay for expensive medical bills and treatment expenses, lost income, future expenses including pain and suffering and much more. A mesothelioma attorney can help you calculate the total amount of compensation you could be entitled to receive.
A judge or jury decides whether the defendants are responsible for the mesothelioma you have suffered, and the amount of compensation you are entitled to. The jury will listen to testimony, scrutinize evidence, and examine arguments offered by your mesothelioma attorney and the defendants' attorneys before making a decision.
Asbestos survivors, and their families have the right to make companies accountable for the negligence that caused asbestos exposure. The companies must pay for the wrongful deaths of their victims, compensation for mesothelioma treatment and diagnosis, as well as compensation for future loss.
Your lawyer will go over your case carefully and identify any potential defendants. Once a list is made the attorney will file your mesothelioma claim in the proper jurisdiction. The jurisdiction is determined by where your asbestos exposure occurred and other legal factors.
After filing, the defendants have the opportunity to respond. This could take from weeks to a month. You'll prevail if they don't. Your
mesothelioma law lawyer is then going to collect evidence and other information to support the case.
Settlement
A mesothelioma suit seeks compensation for physical, emotional and financial losses that the victim has suffered. Compensation can include medical costs and lost earnings due to restrictions on employment related to treatment, loss of benefits and suffering and pain. Asbestos victims also may qualify for additional compensation based on the type and area of exposure and the companies involved.
A mesothelioma lawyer for plaintiffs will gather evidence and develop a legal argument that they can present to defendants.