How to File an Asbestos Lawsuit
If you or someone close to you has been diagnosed with an asbestos-related illness, you may be eligible to file an
asbestos lawsuit. A mesothelioma lawyer can help you understand your options and start the process.
The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies might not exist anymore, but they could have established trusts that compensate victims.
Statute of Limitations
A statute of limitations is a law that defines the maximum time someone has to legally take legal action and bring a lawsuit. This time frame can differ based on the state and the type of case. In most personal injury cases the statute of limitations begins to run at the time the injury or accident occurs. Asbestos victims differ in that they might not be aware of a serious disease like mesothelioma until years after exposure. This is why it's so important to speak with mesothelioma lawyers immediately following a diagnosis.
A mesothelioma lawyer can assist victims understand the specifics of their case and ensure their rights are secured. If the lawyer is convinced that they have a good case they will file the appropriate compensation claim. This could be a personal injury lawsuit, wrongful deaths suit or
Asbestos legal trust fund claim.
Asbestos sufferers must be aware of the deadlines and places where they can file their claims. Even if they miss the deadline, a mesothelioma lawyer might be able to assist them explore alternative avenues of compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.
It is also important to keep in mind that a mesothelioma lawsuit may go through several stages before reaching a settlement or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must identify asbestos companies and products that are accountable. This may take months or even years to complete.
The attorneys should gather evidence, including medical records, labor and employment history, and asbestos product identification. Attorneys will also need to determine the amount of damages. This includes future medical expenses and income loss, emotional distress, and loss companionship. The lawyer will then determine the best strategy for achieving the maximum amount of compensation for their client.
Confidentiality agreements usually prevent the exact amounts of mesothelioma compensation from being disclosed. However, certain figures do become public from time to time. For instance, in the year 2018, the family of a Redding mechanic who died from lung cancer caused by asbestos was awarded an agreement worth $630,000 with several defendants. This was the second settlement that this family received following a payout in 2017. While these numbers aren't indicative of the overall mesothelioma average, they illustrate the significant value that patients can get from their claims.
How to File a Claim
Mesothelioma is a fatal disease that is complicated and requires expensive treatment, can put families in financial trouble. The compensation from asbestos lawsuits allows patients to pay for life-long medical bills and support their loved family members. It also helps pay funeral costs and other expenses.
Each case is different and many factors can affect the potential value of a claim. During a free review of your mesothelioma claim, an experienced lawyer will determine your asbestos exposure and the best way to pursue compensation for you.
A mesothelioma attorney will submit a claim for financial compensation with the responsible party which could be a multinational company or an insurance company that has assumed the responsibility from a bankruptcy asbestos manufacturer. The lawyer will assist you in filling out the paperwork and ensuring that it is filed within the deadline to comply with state law.
Each state's statutes of limitations define a specific timeframe within which mesothelioma victims must take legal action. It is recommended that you consult with a mesothelioma attorney as early as you can, because the statute of limitation will run out and you won't be able get compensation for your illness.
The mesothelioma lawsuit process typically takes between two and four years from beginning to the end. A multi-disciplinary legal team will help you through every step in the process, from collecting medical records, interviewing witness as well as conducting research and preparing for trial.
Most asbestos cases settle prior to trial. If you're not satisfied with the amount of settlement, your lawyer will not hesitate in taking your case to trial.
Mesothelioma compensation typically will cover future and past medical expenses, funeral costs as well as lost wages, loss of companionship and other losses related to the disease. In addition veterans who are diagnosed with mesothelioma or an
asbestos claim-related illness should apply for benefits through the VA to help pay for their treatment and care.
If you're a former soldier diagnosed with mesothelioma, call a national mesothelioma law firm for a free legal consultation. A dedicated team of mesothelioma experts will determine if you are eligible to file a mesothelioma lawsuit against companies that exposed you to asbestos while serving in the military.
Settlements
Asbestos victims can be compensated through settlements or verdicts that are negotiated. Both can help with the costs associated with treating mesothelioma, as well being able to address other issues, such as loss of income or quality of life.
In a settlement that is negotiated, a manufacturer of asbestos agrees to pay a victim a specific amount. Negotiations are conducted between the victim's lawyer and the asbestos company that is responsible for the victim's exposure.
A mesothelioma lawyer will look at your background and
asbestos attorney exposure to determine who the defendants in your case are. One or more companies could be defendants if they sold or manufactured
asbestos litigation-containing products at your workplace. These companies were often aware of the dangers of exposing workers to asbestos but did not warn workers of the dangers until their deaths from the disease.
Since a lot of asbestos producers went bankrupt after they were inundated with lawsuits, most asbestos cases are settled through trust funds. These trusts hold over $30 billion to help mesothelioma sufferers. A mesothelioma lawyer can help them determine which trust fund to file their claim with.
The mesothelioma average settlement ranges from between $1 million and $2 million. However, the higher a jury verdict, the more the victim is likely to receive. In the trial phase mesothelioma lawyers are required to provide evidence, such as medical records, employment histories as well as expert testimony and other documents to prove their client's case.
Despite asbestos exposure, 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 wages.
Mesothelioma is an incredibly painful, life-threatening illness that isn't always curable. The compensation from a mesothelioma lawsuit can bring closure to victims' families, and ensure that they receive the financial support required to live as full as they can.
The severity and fatality of mesothelioma demands that patients respond promptly. Finding a law firm which has a successful track record in pursuing mesothelioma-related cases is essential. Ask family members, your doctor, or any other sources for recommendations of attorneys in your area.
Trials
Many asbestos-related illnesses sufferers receive compensation through settlements. Some cases do end in court.