How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related disease you might be able to make an asbestos lawsuit. A mesothelioma lawyer can help you to understand your options and start the process.
In a mesothelioma case, the defendants are the asbestos exposure companies. These companies are usually have gone out of business, but they may have set up trusts to pay victims.
Statute of limitations
A statute of limitations is a law that defines the maximum amount of time one has to pursue legal action and make a claim. 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 clock begins to tick at the date of the accident or injury. However, asbestos-related victims are unique in the sense that many don’t realize they suffer from mesothelioma or another serious illness until a long time after exposure to the dangerous substance. This is why it’s so important to get in touch with mesothelioma lawyers as soon as you can after an announcement of diagnosis.
A qualified mesothelioma attorneys lawyer can determine all specifics of a victim’s situation and ensure that their rights are secured. When the lawyer is sure that they have a solid case and that they have a strong case, they will make the appropriate compensation claim. It could be a personal injury lawsuit, wrongful deaths suit or asbestos trust fund claim.
Asbestos victims need to be aware of deadlines and places where they can file claims. Even if they miss the deadline, a mesothelioma lawyer may be able help clients explore other avenues for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.
It is important to remember that mesothelioma cases may undergo several stages prior to the settlement or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must determine asbestos-related companies and products responsible. This process could be a long and lengthy process that can take months or years.
The attorneys will then collect evidence such as medical records, employment histories and product identification. The attorneys also need to calculate damages, which could include future medical expenses, lost income, emotional distress, and loss of companionship. The lawyer will then determine the best strategy for achieving the highest amount of compensation for their client.
Settlement amounts for mesothelioma are often kept secret because of confidentiality agreements. However, some figures do become public from time to time. For example, in 2018, the family of a Redding mechanic who died from asbestos-related lung cancer received a $630,000 settlement with several defendants. This was the second settlement following one in 2017. These figures aren’t the amount of settlement that is typical for mesothelioma. However, they do demonstrate the value that victims receive.
How to File a Claim
Mesothelioma is a debilitating illness that is difficult to treat and requires costly treatment can leave families in financial trouble. The benefits of asbestos lawsuits can be used to pay medical bills that extend life and help loved family members. It also helps pay for funeral costs and expenses.
Each case is different, and there are numerous aspects that can impact the value of a claim. During a free mesothelioma case review, an experienced lawyer will determine the impact asbestos exposure had on your health and determine the best avenue to pursue compensation on your behalf.
A mesothelioma lawyer can file a claim for financial compensation with the responsible party which may include a multi-national firm or an insurance company who has assumed the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist you complete the necessary paperwork and ensure it is timely filed to ensure compliance with state laws.
The statutes of limitations for each state set a different timeline within which mesothelioma sufferers have to take legal action. It is recommended that you consult a mesothelioma attorney as soon as you can, because the statute of limitation will run out and you’ll be unable to get compensation for your illness.
The mesothelioma lawsuit process typically takes between two and four years from beginning to finish. A multi-disciplined team of lawyers will help you through every step of the way, from collecting and analyzing medical records and interviews with witnesses conducting research, and preparing for trial.
The majority of asbestos cases settle for an agreement before going to trial. If, however, you are not satisfied with the amount you have received, your lawyer will not be afraid to go to trial on your behalf.
Mesothelioma compensation usually covers future and past medical expenses, funeral costs, lost wages, loss of companionship and other losses related to the disease. Veterans with mesothelioma, or other asbestos-related illnesses, should also apply for VA benefits to help pay for treatment and healthcare.
If you’re a former soldier diagnosed with mesothelioma, call mesothelioma lawyers from across the country for a free legal consultation. A team of mesothelioma lawyers will determine if your mesothelioma case could be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims can receive compensation through settlements or verdicts negotiated by the victim. Both can help with the expenses associated with treating mesothelioma, as well in addressing other issues such as loss of income and loss of life.
In a settlement that is negotiated by a manufacturer of asbestos, the company agrees to pay a victim a certain amount of money. This is reached through discussions between the victim’s lawyer and the asbestos company accountable for their exposure.
A mesothelioma lawyer who is knowledgeable will go through your job history and asbestos product exposure to identify the defendants in your case. The defendants could be one or more companies that manufactured or sold asbestos-containing products on your work site. These companies exposed workers to asbestos in a way they knew about and failed to warn workers of the dangers until workers died from the disease.
The majority of asbestos cases are resolved through trust funds, since asbestos producers have gone bankrupt after being hit by lawsuits. Trusts are able to hold more than $30 billion to help mesothelioma patients. The victim’s attorney can help them determine which trust fund to submit their claim to.
The average settlement for mesothelioma is between $1 and $2 million. The more money a victim can receive, the greater the jury verdict. In the trial phase, mesothelioma lawyers will provide evidence, such as medical records, employment history and expert testimony, as well as other evidence to support their client’s case.
A mesothelioma suit can be filed by victims who have been exposed to asbestos. They can hold negligent asbestos companies accountable for the exposure of their loved ones to this disease that is preventable and provide them with compensation to cover medical expenses and lost earnings.
Mesothelioma can be a life-threatening, painful and debilitating condition that isn’t always curable. The compensation from a successful mesothelioma lawsuit will bring closure to families of the victims and ensure that they receive the financial help they require to live their lives as completely as possible.
Because mesothelioma is so severe and deadly, the victims must act swiftly. It is important to find a law firm with a track record of successfully seeking mesothelioma compensation claims. Consult with relatives who have been diagnosed with the disease, your physician or other sources for recommendations on attorneys in your region.
Trials
Many asbestos-related illnesses sufferers receive compensation through settlements. Some cases do end up in the courtroom. The trial could last for several years and the jury has to decide on the amount of compensation. If the victim is severely ill, a judge may decide to accelerate the process. Trials can be more expensive than settlements.
Attorneys will gather evidence to prove asbestos exposure during a mesothelioma case. They will identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will seek to recover damages for both the victim and their family. These damages can include punitive and compensatory damages. Additionally, they will seek to seek compensation for the victim’s loss of enjoyment from life and lost income.
Most victims and their family members prefer to settle rather than go to trial. Settlements are less stressful than trials and permit victims to receive their compensation sooner. However, a knowledgeable mesothelioma lawyer will plan for a trial if necessary to maximize their client’s recovery.
Compensation for mesothelioma could help victims cover their medical expenses, lost income, and other expenses that are related to the disease. In certain cases, compensation can cover funeral expenses. A lawyer can determine whether a victim is eligible for compensation by looking over their mesothelioma diagnosis, military and employment history and their family history. They can also examine asbestos trust funds to determine if manufacturers or employers have paid compensation.
A legal team representing the asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. Veterans have access to the most reputable mesothelioma specialists around the world, and also additional financial assistance. However, the benefits of the VA does not limit the right of a veteran to file an action against asbestos companies that are responsible for their exposure and mesothelioma.
In most mesothelioma cases, defendants aren’t looking forward to an extensive court trial. They are scared of the possible verdict amount, particularly if a case is involving punitive damages. The long record of verdicts against asbestos-related companies makes it hard to prove their liability in trial.
