How to File an Asbestos Lawsuit

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

In a mesothelioma case, the defendants are the asbestos-exposure companies. These companies could be gone, but they may have established trusts that compensate victims.

Statute of limitations

A statute of limitations is a law that determines the maximum amount of time someone must pursue legal action and file a lawsuit. The duration of this limitation varies according to the state and the kind of case. For the majority of personal injury cases, the statute of limitations clock begins to tick at the time of the accident or injury. Asbestos sufferers are unique in that they may not be aware of a serious illness like mesothelioma for years after exposure. This is why it’s important to contact an attorney for mesothelioma as soon as you can after an announcement of diagnosis.

A mesothelioma attorney can help victims determine the specifics of their case and ensure that their legal rights are protected. When the lawyer is sure that they have a strong case they will file the appropriate compensation claim. This could be a personal injuries lawsuit, wrongful death suit, or asbestos trust fund claim.

Asbestos victims must be aware of their filing dates and filing locations. Even even if they fail to meet the deadline, a mesothelioma lawyer might be able to assist clients explore other avenues for compensation. This could include filing additional lawsuits and submitting claims against the asbestos trust fund.

It is also important to keep in mind that mesothelioma lawsuits can go through a variety of stages before reaching a settlement or trial. During the litigation process, victims must work with their mesothelioma attorneys to determine the responsible asbestos-related companies and their products. It could take months or even years to complete.

The attorneys should gather evidence, including medical records, labor and employment history and asbestos product identification. The attorneys will also have to calculate damages. This includes future medical expenses, loss of income emotional distress, loss of companionship. The attorney will determine the best strategy to maximize the amount of compensation they can offer their client.

Exact mesothelioma settlement amounts are often kept secret due to confidentiality agreements. However, some figures do get public from time to time. For instance, in the year 2018 the family of a Redding mechanic who passed away from asbestos-related lung cancer received an agreement worth $630,000 with several defendants. This was the second settlement for the family following a prior payout in 2017. Although these figures aren’t representative of the mesothelioma average however, they show the substantial value that victims can receive from their claims.

Making a Claim

Mesothelioma is a fatal illness that is difficult to treat and requires costly treatment, can put families in financial trouble. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and support their loved family members. It also helps with funeral costs and other expenses.

Each case is unique and a variety of factors can impact the potential value of a claim. When you receive a free mesothelioma claim review, a skilled lawyer will assess the extent to which asbestos exposure has affected your health and determine the best method to pursue compensation on your behalf.

A mesothelioma lawyer will submit a claim for financial compensation with the responsible party, which may include a multi-national corporation or an insurance company that has taken on liability from a bankrupt asbestos manufacturer. The lawyer will assist you in completing the paperwork and making sure it is filed by the deadline set by state law.

The statutes of limitation in each state set a different timeline within which mesothelioma victims must pursue legal action. It is crucial to consult with a mesothelioma lawyer as soon as you can, because if the statute of limitations passes 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-disciplinary team of lawyers will be there to assist you every step of the way, from collecting and analyzing medical data as well as interviewing witnesses conducting research, and making preparations for trial.

Most asbestos cases settle before trial. If you aren’t satisfied with the settlement amount your lawyer will not hesitate in taking your case to trial.

Mesothelioma compensation usually covers future and past medical expenses, funeral costs, lost wages, loss of companionship and other expenses related to the disease. In addition, veterans diagnosed with mesothelioma or an asbestos-related illness should seek benefits through the VA to help pay for their treatment and medical expenses.

Contact a law firm in the United States that specializes in mesothelioma to arrange a free consultation. A team of mesothelioma lawyers will determine if your mesothelioma lawsuit may be filed against a company who exposed you to asbestos during your service in the military.

Settlements

Asbestos victims can receive compensation via negotiated settlements or verdicts. Both can help cover the costs of treating mesothelioma and address other issues like loss of income or the quality of life.

In a settlement negotiated, a manufacturer of asbestos agrees to pay a victim a certain amount of money. This is reached through negotiations between the lawyer of the victim and the asbestos law company responsible for their exposure.

A mesothelioma attorney will examine your work history and asbestos exposure to determine who the defendants in your case are. One or more companies could be defendants when they manufactured or sold asbestos-containing products on your worksite. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until workers passed away from the disease.

Most asbestos cases are now resolved by trust funds since many asbestos producers went bankrupt after being hit by lawsuits. Trusts that have more than $30 billion in funds that can help mesothelioma victims. The victim’s mesothelioma attorney can help them determine which trust fund to file a claim with.

The mesothelioma average settlement is between $1 and $2 million. The more money a victim can receive, the greater the verdict of the jury. During the trial phase mesothelioma lawyers present evidence like medical records, employment histories and expert testimony, as well as other evidence to support their client’s case.

Despite exposure to asbestos, those affected are able to seek justice by filing mesothelioma lawsuits. They can make negligent asbestos companies accountable for exposing their loved ones to this disease that is preventable and provide them with compensation to cover medical expenses and lost wages.

Mesothelioma can be a life-threatening, painful and debilitating condition that isn’t always curable. Compensation from a mesothelioma lawsuit that is successful can bring closure to families of the victims and ensure they get the financial support they need to live their lives as fully as they can.

Since mesothelioma can be so serious and deadly, the victims must act swiftly. It is essential to find a law firm with experience of successfully pursuing mesothelioma claims. Ask your family members, doctor, or other sources to recommend lawyers in your area.

Trials

Many people suffering from asbestos-related diseases are awarded compensation through an agreement. However, some cases will go to trial. A trial could take a few years and require jurors to decide on the award amount. A judge could decide to accelerate the process if the victim is in a very serious situation. Trials are usually more expensive than settlements.

During a mesothelioma lawsuit attorneys gather evidence to prove asbestos exposure. They will also identify the companies and manufacturers that are responsible for asbestos exposure. Mesothelioma attorneys will seek damages for the victim as well as their family. These damages can include punitive and compensatory damages. In addition, they seek to get compensation for the victim’s loss of enjoyment from life and income loss.

Most victims and their families prefer to settle rather than going to trial. Settlements tend to be less stressful than a trial and can enable the victim to receive their compensation much earlier. However, a knowledgeable mesothelioma lawyer will plan for a trial, if needed, to maximize the amount of compensation their client receives.

Compensation for mesothelioma can assist patients with medical bills, lost income and other expenses that are related to the disease. In some cases, it may even cover funeral expenses. A lawyer can determine a victim’s eligibility for damages by reviewing their mesothelioma diagnosis, work and military history as well as their family history. They can also examine asbestos compensation trust funds to determine compensation from manufacturers and employers.

A legal team representing an asbestos claim victim may also look into pursuing benefits through the Department of Veterans Affairs. This could give veterans access to some of the best mesothelioma doctors around the world as well as financial assistance. However, seeking benefits from the VA doesn’t limit the right of a veteran to file an action against the asbestos-related companies responsible for their exposure and mesothelioma.

In most mesothelioma lawsuits defendants will not want to see the case progress to a full-blown trial. They will be afraid of the potential verdict amount, especially if a trial includes punitive damages. The long record of verdicts against asbestos-related companies makes it difficult to deny liability during trial.