Mesothelioma Lawsuits
A mesothelioma lawsuit could help asbestos victims and their loved ones receive compensation to pay for medical expenses. However, large corporations may employ stall tactics to delay or refuse claims.
Mesothelioma lawyers know how to identify these strategies and defeat them. The majority of mesothelioma lawsuits are settled outside of court, instead of going to trial.
Asbestos Litigation
In the United States victims and their family members can seek compensation for asbestos exposure from the companies responsible. The compensation awarded in
mesothelioma lawsuits can assist in paying for life-extending treatments or lost wages as a result of being not able to work, and past and future suffering and pain.
mesothelioma law firm attorneys can help determine which asbestos-related companies are responsible and can file a claim for mesothelioma.
Mesothelioma victims must have documented exposure to asbestos in order to be eligible for financial compensation. A mesothelioma lawyer may review the individual's work and military records to determine possible sources of exposure. Lawyers can also assist with obtaining medical records and other documents. After the paperwork has been filed defendants will be informed of the lawsuit. They typically deny any responsibility and claim that the plaintiff was not exposed to asbestos.
The defendants will be ordered to respond within 30 days. If the defendants are unable to accept a settlement, the case will be tried. A jury and judge will decide if the victim is entitled to mesothelioma-related settlement or verdict. Typically, a judge will decide to approve a settlement. However, there are cases in which there is no verdict.
If a trial isn't able to produce a settlement agreement, the defendants may try to reduce or dismiss damages granted. Attorneys may present expert testimony to support a summary judgement motion that demonstrates that asbestos products manufactured by the defendant are not responsible for the plaintiff's injuries. The attorneys may also submit evidence of other sources of asbestos exposure to show the defendant is not to blame.
Many mesothelioma patients have a family history of exposure to asbestos. People who lived in workplaces or homes where their loved ones worked may have been exposed to asbestos in secondhand form. This kind of asbestos exposure is called secondary asbestos exposure. Many mesothelioma-related claims involve this kind of exposure. If a mesothelioma patient dies before a settlement or verdict is reached, the estate can continue the lawsuit as the wrongful-death claim. This compensation could be used to cover funeral expenses and loss of consortium lost income, as well as past and future suffering and pain.
Statute of limitations
Asbestos victims have a right to financial compensation from companies that mined asbestos or made products with asbestos, or shipped these materials. In the United States, victims and their family members can file claims against these corporations in federal and state courts. However asbestos litigation can be complicated due to a variety of factors. This includes the statute of limitations, or the legal deadline for filing a claim.
The statute of limitation determines the time frame within which victims can bring lawsuits or trust fund claims. This time period can vary by state and claim type. A mesothelioma lawyer can assist clients to understand the statute of limitations in their state and make sure that deadlines are not missed.
In the majority of personal injury cases the clock starts to tick at the time of the incident. However, mesothelioma and the other asbestos-related diseases have a latency period of 20 to 50 years. The result is that patients may not even know they are suffering from a disease until decades after exposure. Mesothelioma sufferers need to act fast to file an insurance claim.
In some states the statute of limitations starts on the date of diagnosis or the death of a mesothelioma victim. This ensures that the victim's or their family's right of compensation does not expire.
The number of parties that may be liable can also affect the statutes of limitations. For example for a construction worker who was exposed to asbestos at multiple sites is likely to have more potential at-fault parties than an healthcare practitioner who was exposed to asbestos over the course of a few months of repair work in an medical facility.
Additionally, mesothelioma patients as well as their families who do not comply with the deadline for filing a claim can still receive compensation through other ways. For instance, certain states have asbestos trust funds that are able to pay claims without the need for litigation. In addition, veterans suffering from asbestos-related diseases may be eligible to receive compensation from the Veterans Administration. These programs have different conditions for eligibility and time limits as compared to mesothelioma suits. Therefore, it is important to speak with an experienced mesothelioma attorney as soon as possible to evaluate all options available for pursuing compensation.
Motions for Preference
From the moment you file your complaint until you receive compensation, a mesothelioma case can be a lengthy process. A mesothelioma lawyer with experience can help patients file a claim and gather evidence to back their case. The legal team can also negotiate with the defendants on behalf of the client to reach a fair settlement or trial verdict.
Although the majority of mesothelioma cases are settled outside of the courtroom, it can take a long time for litigation to be concluded. A trial is a possibility for many victims who are in poor health to receive the compensation they deserve.
In the final stages of the disease, mesothelioma sufferers often ask for a preference to speed up their trials. This allows them to receive their full compensation amount earlier than they would in the absence of a trial preference motion.
To qualify for trial preferences under California law, a plaintiff must show that their "substantial interest in the litigation" are at risk because they are not able to attend an in-person court trial. The Ellis decision further dilutes this requirement, and it can be expected that plaintiffs will continue to test the limits of trial preference statutes in an attempt to get their cases heard earlier.
Defendants opposing a preference motion should be prepared to provide the strongest evidence in support of their case. The legal team must prepare by examining case files and preparing statements of witnesses, as well as gathering documents to justify their argument. They can prepare for any depositions which will occur.
Asbestos companies typically opt to settle mesothelioma cases rather than risk the possibility of an unjustified verdict in court. This can save them millions of dollars and help avoid negative publicity. This doesn't mean that the victim will be awarded an amount that is fair. If a mesothelioma victim dies while a lawsuit is pending, their family could continue the case as a wrongful-death action.
The mesothelioma verdict of a jury could result in settlements for medical expenses including lost wages, and damages for wrongful death. An attorney for mesothelioma can put together an argument that is strong against asbestos-producing companies that caused the victim to be exposed to mesothelioma, and secure the best outcome for the families of victims.
Trial
A lawsuit that goes to trial could result in substantial financial compensation. However, the outcome of trial is contingent on many factors, including the mesothelioma type, the place to which victims were exposed, and the degree of evidence of exposure is.