How to File an Asbestos Lawsuit

If you or someone close to you has been diagnosed with an asbestos-related disease and you are eligible, you could be able to make an asbestos lawsuit. A mesothelioma lawyer can help you to understand your options and start the process.

In a mesothelioma lawsuit, the defendants are the asbestos exposure companies. These companies often are no longer in existence, but they may have set up trusts to compensate victims.

Statute of Limitations

A statute of limitations is a law that sets the maximum time someone has to pursue legal action and make a claim. This limit varies by state and type of case. In the majority of personal injury cases, the statute of limitations clock begins to tick at the point that the accident or injury occurs. However, asbestos litigation sufferers are unique in the sense that many don't realize they suffer from a serious illness like mesothelioma until years after their exposure to the deadly substance. It's important to contact an attorney as soon after receiving a diagnosis as soon as you can.

A mesothelioma lawyer can assist victims understand the specifics of their case and ensure that their legal rights are secured. If the lawyer is convinced that they have a strong case, they will make the appropriate compensation claim. It could be a personal injuries lawsuit, wrongful death suit, or asbestos trust fund claim.

Asbestos victims need to be aware of the deadlines and places where they can file claims. Even if they miss a deadline an attorney for mesothelioma may be able to assist 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 lawsuits can undergo several stages prior to the settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos companies and products responsible. This process can be a long and lengthy process that can take months or years.

The attorneys will then collect evidence, including medical records, employment history and the identification of the product. Attorneys will also need to determine the amount of damages. This includes future medical expenses, loss of income, emotional distress, and loss companionship. The attorney will then determine the best strategy for achieving the most compensation for their client.

Confidentiality agreements often keep the exact amount of mesothelioma compensation from being revealed. However, some figures become public from time to time. For example, in 2018 the family of a Redding mechanic who passed away from asbestos-related lung cancer received a $630,000 settlement with several defendants. This was the second settlement that this family received following a prior settlement in 2017. Although these figures don't represent the total average mesothelioma settlement amount, they illustrate the significant value that patients can get from their claims.

How to File a Claim

Mesothelioma is a nebulous, terminal illness that requires costly treatments and can put families under financial stress. Compensation from asbestos compensation lawsuits allows patients to pay for life-extending medical expenses and provide for their loved family members. It also helps pay funeral costs and other expenses.

Every case is unique and there are many factors that can impact the potential value of a claim. In a no-cost mesothelioma case review, an experienced lawyer will determine the impact asbestos exposure had on your health and decide on the best method to claim compensation on behalf of you.

A mesothelioma lawyer will submit a claim to the responsible party to receive financial compensation. This could be a multinational corporation, or an insurer that has assumed responsibility from a bankrupt producer of asbestos. The lawyer will assist you to complete the necessary documents and ensure that they are filed on time to comply with the state's laws.

Each state's statute of limitation sets a different date by which mesothelioma sufferers must file legal actions. It is recommended that you consult with a mesothelioma attorney as soon as you can because the time limit 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 end. A multi-disciplined team of lawyers will be there to assist you every step of the way, such as gathering and analyzing medical records, interviewing witnesses, conducting research and making preparations for trial.

Most asbestos cases settle prior to trial. If you are not happy with the amount of settlement, your lawyer will not hesitate to take your case to trial.

Mesothelioma compensation typically will cover future and past funeral expenses, medical expenses and lost wages, as well as loss of companionship and other expenses related to the disease. Veterans suffering from mesothelioma, as well as other asbestos-related illnesses, should be eligible for VA benefits to help pay for treatment and medical expenses.

Contact a law firm in the United States that specializes in mesothelioma law for free consultation. A team of mesothelioma attorneys 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 negotiated settlements or verdicts. Both of these can help pay for the cost of treating mesothelioma and address other issues, such as loss of income or loss of life.

In a settlement that is negotiated, a manufacturer of asbestos will pay a victim a specific amount. This is reached through negotiations between the lawyer of the victim and the asbestos company accountable for their exposure.

A mesothelioma attorney will examine your background and asbestos exposure to determine who the defendants in your case are. The defendants could be one or more companies that manufactured or sold asbestos-containing products at your work site. These companies exposed workers to asbestos knowingly and did not warn of the dangers until workers passed away from the disease.

Because many of the asbestos producers went bankrupt after being flooded with lawsuits, the majority of asbestos compensation cases are now settled using trust funds. Trusts have more than $30 billion to aid mesothelioma patients. The lawyer of the victim can assist them in determining which trust fund to file their claim with.

The average settlement for mesothelioma is between $1 million and $2 million. However, the higher a jury verdict, the more the victim will receive. During the trial, mesothelioma lawyers will provide evidence, such as medical records, employment history and expert witness testimony and other documentation, to prove their clients their case.

A mesothelioma lawsuit 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 preventable illness and pay compensation to cover medical expenses and lost earnings.

Mesothelioma is an incredibly painful, life-threatening illness that is not always cureable. Compensation from a mesothelioma case can bring closure to victims families and ensure that they receive the financial aid required to live their lives as fully as they can.

Because mesothelioma is a serious and fatal, those who suffer need to act fast. It is essential to find an attorney firm that has an established track record of success in seeking mesothelioma compensation claims. Check with relatives who have been diagnosed with the disease, your physician or other sources for recommendations of attorneys in your area.

Trials

Many asbestos-related illness victims receive settlements to compensate them. However some cases will go to trial. A trial could take a few years and requires a jury to decide the amount of the award. A judge could decide to accelerate the process if the victim is in a extremely serious condition. Trials are often more expensive than settlements.

During a mesothelioma lawsuit, attorneys will compile evidence to prove asbestos exposure. They will also identify 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 include punitive and compensatory damages. They also seek compensation for the loss of income and enjoyment of life.

Most victims and their family members prefer to settle rather than go to trial. Settlements are generally less stressful than a trial and may enable the victim to receive their compensation much sooner. A mesothelioma lawyer can prepare their client for a trial, if necessary, to maximize the amount of compensation received by their client.

Compensation for mesothelioma can aid victims in paying their medical bills, lost income and other expenses that are related to the disease. In some cases, it may even cover funeral expenses. An attorney can determine the victim's eligibility to be compensated by reviewing his or her mesothelioma-related diagnoses or employment and military records and family histories. They can also look over asbestos trust funds for the compensation of employers and manufacturers.

An asbestos victim's legal team will also think about pursuing benefits from the Department of Veterans Affairs. This will allow veterans access to the best mesothelioma physicians in the world and additional financial assistance. The VA will not restrict the right of a veteran to sue asbestos companies that caused their exposure and mesothelioma.

In most mesothelioma lawsuits the defendants would prefer not to see their case go through an entire trial. They are afraid of the possible verdict amount especially if the case involves punitive damages. The long history of verdicts involving asbestos companies makes it difficult to deny liability during trial.