How to File an Asbestos Lawsuit

If you or a loved one has been diagnosed with an asbestos-related disease and you are eligible, you could be able to bring an asbestos lawsuit. A mesothelioma lawyer can assist you to understand your options and start the process.

In a mesothelioma-related case, the defendants are the asbestos-exposure companies. These companies often have gone out of business, but they may have set up trusts to compensate victims.

Statute of Limitations

A statute of limitations is a law that defines the maximum time someone must take legal action and make a claim. The time limit varies by state and case type. In most personal injury cases the statute of limitations clock begins to tick at the time the injury or accident occurs. Asbestos sufferers are unique in that they may not be aware of a serious disease such as mesothelioma for a long time after exposure. This is why it's important to get in touch with a mesothelioma attorney as soon as possible after a diagnosis.

A qualified mesothelioma lawyer can determine all specifics of a patient's case and ensure that their legal rights are protected. Once the mesothelioma lawyer is convinced they have a solid 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 must be aware of their filing dates and filing locations. Even if victims fail to meet a deadline a mesothelioma attorney could be able to help clients explore other avenues for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.

It is also crucial to keep in mind that a mesothelioma case can go through many stages before reaching a settlement or trial. During the course of litigation, mesothelioma victims and their attorneys must identify asbestos-related companies and products that are accountable. This process can be a long and lengthy process that can take months or years.

The attorneys must then gather evidence including medical records, employment history and product identification. The attorneys must also determine damages, which can include future medical expenses as well as lost income, emotional distress, and loss of companionship. The attorney will decide on the best strategy to maximize the amount of compensation they can offer their client.

Confidentiality agreements typically prevent the exact amount of mesothelioma compensation from being disclosed. However, some figures do get public from time to time. For instance, in 2018, the family of a Redding mechanic who passed away from asbestos lawyer-related lung cancer received an agreement worth $630,000 with several defendants. This was the second settlement that this family received following a settlement in 2017. Although these figures aren't representative of the mesothelioma payout but they do show the huge value that victims can receive from their claims.

How to File a Claim

Mesothelioma is a fatal illness that is complex and requires costly treatment, can cause families to be in financial trouble. Compensation from asbestos lawsuits allows patients to pay for life-long medical expenses and provide for their loved ones. It also helps pay for funeral costs and other expenses.

Each case is different and there are many factors that can impact the value of any claim. During a free review of your mesothelioma case an experienced lawyer will assess your asbestos exposure and the best method of pursuing compensation for you.

A mesothelioma lawyer will make a claim with the responsible party for financial compensation. This could be a multinational company or an insurance company that has taken over responsibility from a bankrupt manufacturer of asbestos. The attorney will assist you in filling out the paperwork and ensuring that it is filed by the deadline to comply with the law of the state.

The statutes of limitations for each state provide a distinct timeframe within which mesothelioma patients must pursue legal actions. It is important to work with an attorney for mesothelioma as soon as you can because once the statute of limitations expires the victim will not be able to recover any compensation for your condition.

The mesothelioma lawsuit process usually takes between two and four years from beginning to the end. A multi-disciplined legal team will aid you in every step of the process that includes gathering medical records, interviewing witnesses conducting research, and preparing for the trial.

Most asbestos cases reach a settlement before going to trial. If, however, you are not satisfied with the amount of settlement the lawyer will not be afraid to go to trial on behalf of you.

Compensation for mesothelioma usually will cover future and past medical expenses, funeral expenses, lost wages, loss companionship, and other losses associated with the disease. Additionally, veterans diagnosed with mesothelioma or an asbestos case-related illness should apply for benefits through the VA to pay for their treatment and care.

If you're a veteran diagnosed with mesothelioma, contact mesothelioma lawyers from across the country for a no-cost consultation. A team of mesothelioma attorneys will determine if your mesothelioma case may be filed against a company who exposed you to asbestos during your military service.

Settlements

Asbestos victims may receive compensation via negotiated settlements or verdicts. 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, a manufacturer of asbestos agrees to pay a victim a certain amount. Negotiations are conducted between the victim's lawyer and the asbestos company responsible for the victim's exposure.

A mesothelioma lawyer with experience will review your work background and asbestos exposure to determine the defendants in your case. The defendants could be a number of companies that produced or sold asbestos-containing products on your work site. These companies frequently exposed workers to asbestos and did not warn them of the dangers until after their deaths from asbestos-related diseases.

Since a lot of asbestos producers went bankrupt after being flooded with lawsuits, most asbestos cases are settled through trust funds. Trusts that have more than $30 billion in funds to aid mesothelioma victims. The lawyer of the victim can assist them in determining which trust fund they should submit their claim to.

The median mesothelioma settlement ranges from between $1 million and $2 million. The more money a victim can receive, the greater the jury verdict. During the trial phase mesothelioma lawyers provide evidence, such as medical records, employment histories, expert testimony and other evidence to support their client's case.

Despite exposure to asbestos, those affected can still get justice through filing mesothelioma claims. They can hold negligent asbestos companies accountable for the risk of exposing their loved ones this preventable illness and offer them compensation to cover medical expenses and lost earnings.

Mesothelioma is a painful, life-threatening condition that isn't always cureable. Compensation from a mesothelioma case can bring closure to the victims' families, and ensure that they receive the financial assistance required to live their lives as fully as they can.

Because mesothelioma is so severe and deadly, the patients must act swiftly. Finding a law firm which has proven success in pursuing mesothelioma cases is crucial. Ask your family members, doctor, or other sources for recommendations of attorneys in your area.

Trials

Many asbestos-related illnesses sufferers receive compensation through settlements. However some cases end up going to trial. A trial can take several years and requires jurors to decide on the amount of the award. If the victim is seriously sick, a judge could choose to accelerate the process. Trials usually result in higher awards than settlements.

Attorneys will gather evidence to prove asbestos exposure in mesothelioma cases. They will also identify the companies and manufactures that are responsible for the asbestos exposure. Mesothelioma attorneys will seek damages for the victim as well as their family members. These damages can include compensatory and punitive damages. They will also seek to recover compensation for the loss of income and enjoyment of life.

The majority of victims and their families prefer to settle their claims rather than go to trial. Settlements are generally less stressful than trials and can let the victim access their compensation much sooner. However, an experienced mesothelioma lawyer will prepare for a trial, if needed, to maximize their client's recovery.

Compensation for mesothelioma can assist patients with medical expenses, lost income, and other expenses that are related to the disease. In some instances, it could even cover funeral expenses. A lawyer can determine a victim's eligibility for compensation by looking over their mesothelioma diagnosis, military and employment history and their family history. They can also review asbestos trust funds to determine compensation from employers and manufacturers.

An asbestos victim's legal team may also look into pursuing benefits from the Department of Veterans Affairs. Veterans have access to the best mesothelioma experts in the world, as well as additional financial support. The VA does not limit the rights of a veteran to sue asbestos-related companies who caused 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 involves punitive damages. Additionally, the long history of verdicts against asbestos companies will make it difficult for them to deny the responsibility at trial.