How to File an Asbestos Lawsuit
You may be able file a lawsuit in the event that you or someone you love has been diagnosed with a disease related to asbestos. A qualified
mesothelioma attorney can help you understand the options available to you and help begin the process.
The defendants in a mesothelioma lawsuit are the companies who exposed you to asbestos. These companies are usually are no longer in existence however they may have established trusts to compensate victims.
Statute of limitations
A statute of limitations is a law that sets the time limit for when one must legally take legal action and file a lawsuit. The duration of this limitation varies according to the state and also the type of case. In most personal injury cases the statute of limitations starts to run at the point that the injury or accident occurs. However, asbestos-related victims are unique in the sense that many don't know they have a serious illness like mesothelioma until a long time after exposure to the dangerous substance. This is why it's important to contact a mesothelioma attorney immediately following an announcement of diagnosis.
A qualified mesothelioma attorney will be able to determine the specifics of a victim's situation and ensure their legal rights are secured. After the mesothelioma attorney is convinced they have a solid case and is confident that they have a strong case, they can file a claim for compensation. This could be a personal injuries lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos victims should be aware of their filing locations and deadlines. Even if they miss a deadline a mesothelioma attorney could be able to help them explore alternative avenues of compensation. This could include additional lawsuit filing locations and asbestos trust fund claims.
It is important to remember that mesothelioma lawsuits can go through multiple stages prior to the settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos companies and products that are responsible. This may take months or even years to complete.
The attorneys then need to gather evidence such as medical records, employment history and product identification. The attorneys also need to calculate damages, which include future medical expenses as well as lost income, emotional distress, and loss of companionship. The lawyer will then decide the best method to get the maximum amount of compensation for their client.
Confidentiality agreements usually prevent the exact amount of mesothelioma compensation from being disclosed. Sometimes, however certain numbers are released. For instance, in the year 2018, the family of a Redding mechanic who died from asbestos-related lung cancer received an agreement worth $630,000 with multiple defendants. This was the second settlement following a payout in 2017. Although these figures don't represent the total mesothelioma payout but they do show the huge benefit that victims can derive from their claims.
Filing a Claim
Mesothelioma is a complicated, terminal illness that requires expensive treatments and often puts families in financial straits. Compensation from asbestos lawsuits allows patients to pay for life-extending medical bills and also support their loved family members. It also helps pay for funeral costs and expenses.
Each case is unique and there are many factors that can impact the potential value of any claim. In a no-cost mesothelioma case review, an experienced lawyer will assess the impact asbestos exposure had on your health and determine the best method to seek compensation on your behalf.
A
mesothelioma attorney will file a claim for financial compensation with the responsible party which may include a multi-national corporation or an insurance company who has assumed liability from a bankrupt asbestos manufacturer. The attorney will help you complete the necessary paperwork and ensure it is filed on time to comply with state laws.
The statutes of limitations for each state define a specific timeframe within which mesothelioma sufferers must pursue legal actions. You should consult a mesothelioma attorney as soon as you can, since the statute of limitations will run out and you will not be able to get compensation for your condition.
The process of bringing a mesothelioma case can take between two and four year. A multi-disciplinary team of lawyers will be there to assist you throughout the way, such as collecting and analyzing medical data and interviews with witnesses conducting research, and making preparations for trial.
Most asbestos cases are settled with 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.
Compensation for mesothelioma typically will cover future and past medical costs, funeral expenses and lost wages, as well as loss of companionship and other losses incurred with the disease. In addition veterans who are who are diagnosed with mesothelioma, or any other asbestos-related illness should seek benefits through the VA to pay for their treatment and care.
Contact a national law firm that specializes in mesothelioma law for free consultation. A dedicated team of mesothelioma attorneys will determine if you're eligible to file a
mesothelioma lawsuit against the companies that exposed you to asbestos while working in the military.
Settlements
Asbestos victims can receive compensation through settlements or verdicts negotiated by the victim. Both can assist in covering the costs of treating mesothelioma as well as other issues such as loss of income or the quality of life.
In a settlement that is negotiated, an asbestos manufacturer agrees to compensate a victim with a negotiated amount of money. Negotiations are carried out between the attorney of the victim and the asbestos company that is responsible for the victim's exposure.
A knowledgeable
mesothelioma lawyer will review your work background and asbestos exposure to identify the defendants in your case. The defendants could be any of the companies that produced or sold asbestos-containing products at your workplace site. These companies exposed workers to asbestos in a way they knew about and did not warn of the dangers until they passed away from the disease.
Most asbestos cases are now resolved through trust funds, since asbestos producers have gone bankrupt after being hit by lawsuits. These trusts have over $30 billion in funds to aid mesothelioma patients. The victim's mesothelioma attorney can help them determine which trust fund to file their claim with.
The mesothelioma average settlement ranges from $1 million to $2 million. However, the larger a jury verdict, the greater amount the victim is likely to receive. During the trial, mesothelioma lawyers will provide evidence, such as medical records and employment history, expert witness testimony, and other documentation to prove their clients' case.
Despite exposure to asbestos, those affected can still get justice through filing mesothelioma claims. They can make negligent asbestos companies accountable for the exposure of their loved ones to this deadly disease and provide them with compensation to cover medical expenses and lost earnings.
Mesothelioma can be an extremely painful, life-threatening condition that isn't always curable. Compensation from a successful mesothelioma lawsuit can bring closure to the families of the victims and ensure they get the financial help they require to live their lives as full as they can.
The severe and fatality of mesothelioma requires victims to take action quickly. Finding a law firm that has a track record of success in pursuing mesothelioma cases is crucial.