How to File an Asbestos Lawsuit
If you or a loved one has been diagnosed with an asbestos-related illness you might be able to bring an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding the options available to you and help start the process.
In a mesothelioma case, the defendants are the asbestos-exposure companies. These companies 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 an individual is required to legally take legal action and bring a lawsuit. This time frame can differ based on the state and the type of case. In the majority of personal injury cases, the statute of limitation begins to run at the time the accident or injury occurs. However, asbestos sufferers are unique in the sense that many don’t realize they suffer from mesothelioma or another serious illness until years after exposure to the deadly substance. This is why it’s important to contact a mesothelioma attorney as soon as possible after the diagnosis.
A qualified mesothelioma attorney will be able to determine the specifics of a patient’s case and ensure that their rights are secured. After the mesothelioma attorney is certain they have a valid case they can file the appropriate claim for compensation. This could be a personal injury lawsuit or wrongful death lawsuit, or an asbestos trust fund claim.
Asbestos victims need to be aware of the deadlines and the locations where they can file claims. Even if victims fail to meet a deadline a mesothelioma attorney could be able to help clients explore other avenues for compensation. This could include filing additional lawsuits and making claims against the asbestos trust fund.
It is also important to remember that a mesothelioma lawsuit can go through a variety of stages before settling or trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos-related companies and products responsible. This could take months or even years to complete.
Then, the attorneys must gather evidence, which includes medical documents, employment and labor history and asbestos product identification. The attorneys also need to calculate damages, which could include future medical expenses as well as lost income, emotional distress and loss of companionship. The lawyer will then decide the best way to achieve the highest amount of compensation for their client.
Confidentiality agreements often keep the exact amounts of mesothelioma-related compensation from being disclosed. However, some figures appear on the public at times in time. For instance, in the year 2018, the family of a Redding mechanic who passed away from asbestos-related lung cancer received a $630,000 settlement with multiple defendants. This was the second settlement for the family after a previous payout in 2017. While these numbers aren’t representative of the mesothelioma average however, they show the substantial value that patients can get from their claims.
How to File a Claim
Mesothelioma is a complicated, terminal illness that requires costly treatments and can put families under financial stress. The money derived from asbestos lawsuits can be used to pay for medical bills that can prolong the life of a patient and help loved family members. It also helps cover funeral costs and other expenses.
Every case is unique and there are many factors that can impact the potential value of any claim. When you receive a free mesothelioma claim review, an experienced lawyer will evaluate the extent to which asbestos exposure has affected your health and will determine the best avenue to seek compensation on your behalf.
A mesothelioma lawyer will make an action for financial compensation with the responsible party, which may include a multi-national corporation or an insurance company that has assumed liability from a bankrupt asbestos manufacturer. The attorney will help you complete the required documents and ensure that they are completed in time to be in compliance with the state’s laws.
The statutes of limitation in each state provide a distinct timeframe within which mesothelioma patients must take legal action. It is important to consult a mesothelioma attorney as early as you can, since the statute of limitations will expire and you won’t be able claim compensation for your condition.
The mesothelioma lawsuit filing process typically takes between two and four years from beginning to the end. A multi-disciplined team of lawyers will help you throughout the way, from collecting and analyzing medical records as well as interviewing witnesses conducting research, and making preparations 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.
Compensation for mesothelioma typically covers past and future medical costs, funeral expenses and lost wages, as well as loss of companionship and other losses incurred with the disease. Veterans with mesothelioma, or other asbestos-related illnesses, should also apply for VA benefits to pay for treatment and medical expenses.
Contact a law firm in the United States that specializes in mesothelioma for a free consultation. A team of mesothelioma lawyers will determine if your mesothelioma case could be filed against companies who exposed you to asbestos during your military service.
Settlements
Asbestos-related victims can be compensated through settlements or verdicts negotiated by the victim. Both can assist in covering the cost of treating mesothelioma and address other issues such as loss of income or the quality of life.
In a settlement negotiated the asbestos manufacturer agrees to pay a victim an amount that is negotiated. Negotiations are conducted between the victim’s lawyer and the asbestos company that is responsible for the victim’s exposure.
A knowledgeable mesothelioma lawyer will review your work history and asbestos product exposure to determine the defendants in your case. One or more companies could be the defendants if they sold or manufactured asbestos-containing products at your workplace. These companies exposed workers to asbestos knowingly and did not warn of the dangers until workers died from the disease.
The majority of asbestos cases are resolved by trust funds since many asbestos producers went bankrupt after being flooded by lawsuits. Trusts are able to hold more than $30 billion to help mesothelioma patients. The victim’s mesothelioma attorney can help them determine which trust fund to file a claim with.
The mesothelioma average settlement is between $1 million and $2 million. The higher the jury verdict, the more a victim can expect to receive. In the trial phase mesothelioma lawyers are required to present evidence like medical records, employment histories and expert testimony, as well as other evidence to support their client’s case.
Even after exposure to asbestos, victims are able to get justice through filing a mesothelioma lawsuit. They can make negligent asbestos companies accountable for exposing their loved ones to this disease that is preventable and pay compensation to cover their medical expenses and lost earnings.
Mesothelioma is a painful, life-threatening condition that isn’t always curable. The compensation from a successful mesothelioma lawsuit can bring closure to families of the victims and ensure they get the financial support they need to live their lives as completely as they can.
Since mesothelioma can be so serious and fatal, those who suffer must act quickly. Finding a law firm which has proven success in pursuing mesothelioma cases is essential. Consult with relatives who have been diagnosed with the disease, your doctor or other sources for recommendations on lawyers in your area.
Trials
Many victims of asbestos-related illnesses receive compensation through a settlement. However certain cases will go to trial. A trial can take several years and require an impartial jury to determine the amount of the award. If the victim is extremely sick, a judge might decide to speed up the process. Trials often result in higher amounts than settlements.
In a mesothelioma case attorneys compile evidence to prove asbestos exposure. They will identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will seek damages for the victim as well as their family. These damages include compensatory and punitive damages. They will also seek compensation for the loss of income and enjoyment of life.
Most victims and their family members prefer to settle than to go to trial. Settlements are generally less stressful than trials and can enable the victim to receive their compensation much earlier. A mesothelioma lawyer can prepare their client for trial if necessary to maximize the amount of compensation received by their client.
Compensation for mesothelioma may help victims cover their medical bills, lost income and other expenses that are related to the disease. In some instances, compensation can be used to pay for funeral expenses. A lawyer can determine if a victim is eligible for compensation by looking over their mesothelioma diagnose, their military and employment history and their family history. They can also look over asbestos trust funds for compensation from manufacturers and employers.
The legal team representing asbestos victims may also look into applying for benefits through the Department of Veterans Affairs. This will allow veterans access to the most renowned mesothelioma specialists around the world as well as financial assistance. However, seeking benefits from the VA doesn’t limit the rights of veterans to file a lawsuit against the asbestos companies responsible for their exposure and mesothelioma.
In most mesothelioma cases defendants do not want a full-blown court trial. They are afraid of the potential verdict amount, especially if a trial is involving punitive damages. The long history of verdicts in favor of asbestos companies makes it difficult for them deny liability during trial.
