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 your options and assist you to start the process.
The plaintiffs in a mesothelioma suit are the companies that exposed you to asbestos. These companies often have gone out of business however they may have set up trusts to pay victims.
Statute of Limitations
A statute of limitations is a law that determines the maximum amount of time an individual has to pursue legal action and bring a lawsuit. This limit varies by state and also the type of case. In most personal injury cases, the statute of limitations clock starts ticking at the moment of the accident or injury. However, asbestos sufferers are unique in that many don't realize they suffer from a serious illness like mesothelioma until years after exposure to the dangerous substance. It is crucial to speak with an attorney as soon after a diagnosis as is possible.
A mesothelioma attorney can help patients determine the details of their case and ensure that their legal rights are secured. When the lawyer is sure that they have a solid case and that they have a strong case, they will file the appropriate compensation claim. This could be a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.
Asbestos sufferers must be aware of the deadlines and locations where they can file their claims. Even if they miss an important deadline, a mesothelioma lawyer may be able to assist them explore other avenues of compensation. This includes filing additional lawsuits and submitting claims against the asbestos trust fund.
It is also crucial to keep in mind that a mesothelioma case can go through many stages before settling or trial. During the litigation, victims and their mesothelioma attorneys must determine asbestos-related companies and products that are responsible. The process can take months or years.
The attorneys then need to gather evidence, including medical records, employment history and the identification of the product. 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 attorney will decide on the best strategy to maximize the compensation of their client.
Confidentiality agreements often keep the exact amounts of mesothelioma compensation from being disclosed. Occasionally, however certain numbers are released. For example, in 2018, the family of a Redding mechanic who died from lung cancer caused by asbestos received an amount of $630,000 from multiple defendants. This was the second settlement for the family following a prior settlement in 2017. These figures aren't the amount of settlement that is typical for mesothelioma. However, they do demonstrate the value of what patients receive.
Filing a Claim
Mesothelioma is a debilitating disease that is complicated and requires costly treatment, can put 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 with funeral costs and other expenses.
Each case is unique and a variety of factors can impact the value of an claim. In a free evaluation of your mesothelioma lawsuit an experienced lawyer will assess your asbestos exposure and the best method of pursuing compensation for you.
A mesothelioma lawyer will make a claim with the responsible party for financial compensation. This could be a multinational corporation or an insurer that has assumed responsibility from a bankrupt producer of asbestos. The attorney will assist you in filling out the paperwork and making sure it is filed within the deadline set by the law of the state.
Each state's statute of limitation sets a different deadline within which mesothelioma patients must take legal action. It is recommended that you consult with a mesothelioma attorney as soon as you can because the statute of limitation expires and you will not be able to claim compensation for your condition.
The mesothelioma lawsuit process usually takes between two and four years from beginning to finish. A multi-disciplinary team of lawyers will assist you throughout the way, including gathering and analyzing medical records as well as interviewing witnesses, conducting research and making preparations for trial.
The majority of asbestos cases settle for a settlement before going to trial. If, however, you are not satisfied with the amount of settlement your lawyer will not be afraid to go to trial on your behalf.
Mesothelioma compensation usually covers past and future medical expenses, funeral costs as well as lost wages, loss of companionship, and other costs associated with the disease. Additionally, veterans who are diagnosed with mesothelioma, or any other asbestos-related disease should apply for benefits through the VA to pay for their treatment and care.
If you are a veteran diagnosed with mesothelioma or other cancers, contact a national mesothelioma law firm for a free legal consultation. A team of mesothelioma attorneys will determine if you're eligible to file a mesothelioma suit against companies who exposed you to
asbestos while working in the military.
Settlements
Asbestos victims can receive compensation via negotiated settlements or verdicts. Both can help cover the cost of treating mesothelioma and address other issues such as loss of income or loss of life.
In a settlement by a manufacturer of asbestos, the company will pay a victim a certain amount of money. This is reached through negotiations between the lawyer of the victim and the asbestos manufacturer responsible for their exposure.
A knowledgeable mesothelioma lawyer will review your work background and asbestos exposure to determine the defendants in your case. The defendants could be one or more companies that sold or made asbestos-containing products on your work site. These companies exposed workers to asbestos knowingly and did not warn of the dangers until workers died from the disease.
Since many asbestos producers went bankrupt after being flooded with lawsuits, the majority of asbestos cases are settled through trust funds. Trusts that have more than $30 billion in funds to help mesothelioma patients. The victim's attorney can assist them in determining which trust fund to make a claim with.
The average mesothelioma settlement is $1 million to $2 million. However, the larger a jury verdict, the more money the victim will receive. In the trial phase mesothelioma lawyers present evidence like medical records, employment history, expert testimony and other documentation to prove their client's case.
Even after exposure to asbestos, victims can still pursue justice by filing a mesothelioma lawsuit. They can make negligent asbestos companies accountable for the exposure of their loved ones to this disease that is preventable and provide them with compensation to cover their medical expenses and lost wages.
Mesothelioma can be a life-threatening, painful condition that isn't always cureable. The compensation from a mesothelioma lawsuit can bring closure to victims families, and help ensure that they receive the financial assistance needed to live as fully as they can.
The seriousness and death of mesothelioma demands that patients take action promptly. It is important to find an attorney with experience of successfully seeking mesothelioma compensation claims. Check with relatives who have been diagnosed with the disease, your doctor or other sources for recommendations of attorneys in your area.
Trials
Many victims of asbestos-related illnesses receive compensation through settlements.