How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related illness and you are eligible, you could be able to make an
asbestos lawsuit. A mesothelioma lawyer can help you to determine your options and begin the process.
The plaintiffs in a mesothelioma suit are the companies who exposed you to asbestos. These companies could no longer exist but may have established trusts to compensate victims.
Statute of limitations
A statute of limitations is a law that sets the time limit for when an individual must pursue legal action and file a lawsuit. This limit can vary by the state and the type of case. In the majority of personal injury cases, the statute of limitations begins to run at the time the accident or injury occurs. However, asbestos sufferers are different in that a lot of them don't realize they suffer from a serious illness like mesothelioma until years after their exposure to the toxic substance. It's important to contact an attorney as soon following a diagnosis as soon as you can.
A mesothelioma lawyer can help victims determine the specifics of their case and ensure that their rights are secured. When the lawyer is sure that they have a strong case, they will file the appropriate compensation claim. This could be a personal injury lawsuit, wrongful death suit or an asbestos trust fund claim.
Asbestos victims should be aware of their filing dates and filing locations. Even when they do not meet the deadline an attorney for mesothelioma may be able to help clients explore other avenues for compensation. This could include additional lawsuit filing locations and asbestos trust fund claims.
It is also important to keep in mind that mesothelioma lawsuits can go through a variety of stages before settling or trial. During the litigation, mesothelioma victims and their attorneys must identify
asbestos settlement-related companies and products that are responsible. It could take months or even years to complete.
The attorneys must then gather evidence such as medical records, employment histories and product identification. The attorneys also need to calculate damages, which could include future medical expenses and lost income, as well as emotional distress and loss of companionship. The lawyer will then determine the best way to achieve the maximum amount of compensation for their client.
Settlement amounts for mesothelioma are usually kept secret due to confidentiality agreements. However, some figures do get public from time to time. In 2018, the family received $630,000 from a variety of defendants for the death of a Redding mechanic due to asbestos-related lung carcinoma. This was the second settlement for this family after a previous settlement in 2017. While these numbers don't represent the total mesothelioma average but they do show the huge benefit that victims can derive from their claims.
How to File a Claim
Mesothelioma is a complex, terminal illness that requires costly treatments and frequently puts families under financial strain. Compensation from an
asbestos case lawsuit allows patients to pay for life-extending medical bills and support their loved ones. It also helps pay for funeral costs and expenses.
Each case is different and there are many factors that can impact the potential value of an claim. During a free review of your mesothelioma claim an experienced lawyer will assess your asbestos exposure and the best method to pursue compensation for you.
A mesothelioma lawyer can file a claim with the responsible party for financial compensation. This could be a multinational corporation or an insurance company that has taken over the responsibility of a bankrupt manufacturer of asbestos. The attorney will assist you in filling out the paperwork and ensuring that it is filed before the deadline set by the law of the state.
Each state's statute of limitations sets a different deadline within which mesothelioma patients have to take legal action. It is important to consult with a mesothelioma attorney as soon as you can, because the statute of limitation will run out and you will not be able to recover compensation for your condition.
The mesothelioma lawsuit process usually takes between two and four years from start to end. A multi-disciplined legal team will assist you through every step in the process, from gathering medical records, interviewing witness, conducting research, and preparing for the trial.
Most asbestos cases reach an agreement prior to going to trial. If, however, you are not satisfied with the amount of settlement your lawyer will not hesitate to go to trial on your behalf.
Mesothelioma compensation usually will cover future and past medical expenses, funeral costs and lost wages, as well as loss of companionship, and other costs associated with the disease. In addition veterans who are diagnosed with mesothelioma or an asbestos-related illness should apply for benefits through the VA to help pay for their treatment and care.
Contact a national law firm that specializes in mesothelioma to arrange a free consultation. A dedicated team of mesothelioma experts will determine if you're eligible to file a mesothelioma lawsuit against the companies that exposed you to asbestos law (
published here) during your time in the military.
Settlements
Asbestos victims can receive compensation through negotiated settlements or verdicts. Both can help cover the cost of treating mesothelioma as well as other issues such as loss of income or the quality of life.
In a settlement negotiated, a manufacturer of asbestos will pay a victim a certain amount of money. This is reached through discussions between the victim's lawyer and the asbestos manufacturer responsible for their exposure.
A knowledgeable mesothelioma lawyer will examine your employment history and asbestos exposure to determine the defendants in your case. One or more companies could be the defendants if they sold or manufactured asbestos-containing products on your site. These companies exposed workers to asbestos in a way they knew about and did not warn of the dangers until they died from the disease.
Since a lot of asbestos producers went bankrupt due to the flood of lawsuits, most asbestos cases are now settled using trust funds. Trusts are able to hold more than $30 billion to help mesothelioma sufferers. The victim's mesothelioma attorney can assist them in determining which trust fund to file a claim with.
The mesothelioma settlement average is between $1 million and $2 million. The more money a victim can receive, the more substantial the verdict by the jury. During the trial, mesothelioma lawyers will present evidence such as medical records, employment histories and expert testimony, as well as other documentation to prove their client's case.
Despite asbestos exposure, victims are able to get justice through filing mesothelioma claims. They can hold negligent asbestos firms accountable for exposing loved relatives to this ailment and provide compensation to cover the cost of medical treatment and lost wages.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. Compensation from a mesothelioma case can bring closure to victims' families, and ensure that they receive the financial assistance required to live their lives as fully as they can.
The severe and fatality of mesothelioma requires victims to take action promptly. It is crucial to locate a law firm with a track record of successfully seeking mesothelioma compensation claims. Consult with family members who have been diagnosed with the disease, your doctor or other sources for recommendations on attorneys in your region.
Trials
Many people suffering from asbestos-related diseases are awarded compensation through settlements.