How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related illness, you may be eligible to bring an asbestos lawsuit. A mesothelioma lawyer who is experienced can help you understand the options available to you and help start the process.
The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies may be gone, but they may have established trusts to compensate victims.
Statute of Limitations
A statute of limitation is a law that defines the maximum amount of time allowed for someone to file a lawsuit or take legal action. The time limit is different for each state and also the type of case. For the majority of personal injury cases, the statute of limitations begins to run at the time of the injury or accident. Asbestos sufferers are unique in that they might not be aware of a serious illness like mesothelioma for years after exposure. This is why it's important to speak with mesothelioma lawyers as soon as possible after the diagnosis.
A mesothelioma lawyer can assist patients determine the details of their case and ensure that their legal rights are secured. When the mesothelioma lawyer has become certain they have a valid case they can file the appropriate claim for compensation. This could be a personal injuries lawsuit, wrongful deaths suit or asbestos trust fund claim.
Asbestos sufferers should be aware of their filing locations and deadlines. Even if they miss the deadline, a mesothelioma lawyer could be able to help clients explore other avenues for compensation. This includes additional lawsuit filing locations and
asbestos attorney trust fund claims.
It is also crucial to keep in mind that a mesothelioma case can go through a variety of stages before settling or trial. During the litigation process patients must work with their mesothelioma lawyers to find responsible asbestos-related companies and their products. 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 also need to determine damages, which can include future medical expenses and lost income, as well as emotional distress, and loss of companionship. The lawyer will determine the best method to maximize the amount of compensation they can offer their client.
The exact mesothelioma settlement amounts are often kept secret due to confidentiality agreements. However, some figures do appear on the public at times in time. For example, in 2018, the family of a Redding mechanic who died from
asbestos case-related lung cancer received a $630,000 settlement with multiple defendants. This was the family's second settlement following the payout in 2017. These figures do not represent the typical settlement amount for mesothelioma. However, they do show the value of what patients receive.
How to File a Claim
Mesothelioma is a complicated, terminal illness that requires expensive treatment and often puts families under financial stress. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical expenses and provide for their loved family members. It also helps pay funeral costs and other expenses.
Each case is different and there are many factors that can impact the value of an claim. In a no-cost mesothelioma case review, a skilled lawyer will assess the impact asbestos exposure had on your health and determine the best avenue to claim compensation on behalf of you.
A mesothelioma lawyer may file a claim with the responsible party for financial compensation. This could be a multinational corporation, or an insurer who has assumed the responsibility of a bankrupt manufacturer of asbestos. The lawyer will assist you in filling out the paperwork and ensure that it is filed within the deadline in order to be in compliance with state law.
The statute of limitations for each state sets a different deadline within which mesothelioma patients must take legal action. You should consult with a mesothelioma attorney as soon as you can, because the statute of limitation expires and you will not be able to get compensation for your condition.
The process of filing a mesothelioma suit can take between two and four year. A multi-disciplined team of lawyers will help you every step of the way, including gathering and analyzing medical records, interviewing witnesses conducting research, and preparing for trial.
Most asbestos cases settle prior to 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 covers past and future medical expenses, funeral costs as well as lost wages, loss of companionship and other losses incurred with the disease. Additionally veterans who are diagnosed with mesothelioma or another asbestos-related illness should apply for benefits through the VA to help pay for their treatment and healthcare.
Contact a national law firm that specializes in mesothelioma to arrange a free consultation. A team of mesothelioma lawyers will determine if your mesothelioma claim can be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos Law-related victims can be compensated via negotiated settlements or verdicts. Both can assist in covering the costs of treating mesothelioma and address other issues such as loss of income or loss of life.
In a negotiated settlement the asbestos manufacturer will pay a victim a negotiated amount of money. This is reached through negotiations between the victim's lawyer and the asbestos company accountable for their exposure.
A mesothelioma lawyer will look at your work history and asbestos exposure to determine who the defendants in your case are. The defendants could be any of the companies that sold or made asbestos-containing products at 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 compensation producers went bankrupt after they were inundated with lawsuits, most
asbestos attorney cases now settle through trust funds. Trusts that have more than $30 billion in funds that can help mesothelioma patients. The victim's mesothelioma attorney can assist them in determining which trust fund to file their claim with.
The mesothelioma average settlement ranges from between $1 million and $2 million. However, the larger a jury verdict, the more the victim is likely to receive. During the trial, mesothelioma lawyers will provide evidence, including medical records and employment history and expert witness testimony and other documents, to prove their clients their case.
Despite asbestos exposure, victims can still pursue justice by filing mesothelioma claims. They can hold negligent asbestos companies accountable for exposing their loved ones to this disease that is preventable and pay compensation to cover medical expenses and lost wages.
Mesothelioma can be an extremely painful, life-threatening condition that isn't always curable. The compensation from a mesothelioma lawsuit can bring closure to victims families, and help ensure that they receive the financial assistance required to live their lives as fully as they can.
Because mesothelioma is so severe and fatal, those who suffer must act quickly. It is important to find a law firm with a track record of successfully pursuing mesothelioma claims. Ask your family members, doctor, or any other sources to recommend lawyers in your area.
Trials
Many victims of asbestos-related illnesses receive compensation via a settlement. However some cases end up going to trial. A trial can take several years and requires an impartial jury to determine the amount of the award.