How to File an Asbestos Lawsuit

If you or someone close to you has been diagnosed with an asbestos-related condition you might be able to make an asbestos lawsuit. A mesothelioma lawyer will help you know your options and begin the process.

The defendants in a mesothelioma lawsuit are the companies who exposed you to asbestos. These companies often have gone out of business however, they could 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 has to legally take legal action and make a claim. This time frame can differ based on state and type of case. For the majority of personal injury cases the statute of limitation begins to run at the moment of the accident or injury. However, asbestos victims are unique in that many do not realize they have a serious illness like mesothelioma until years after exposure to the deadly substance. It is essential to contact an attorney as soon after receiving a diagnosis as possible.

A mesothelioma lawyer can help patients determine the details of their case and ensure that their rights are secured. Once the lawyer is confident that they have a solid case they will make the appropriate compensation claim. This could be an injury lawsuit for personal injuries, wrongful death suit or an asbestos trust fund claim.

Asbestos victims should be aware of their filing locations and deadlines. Even if they miss a deadline a mesothelioma attorney could be able to help them find alternative options for compensation. This could include additional lawsuit filing locations and asbestos trust fund claims.

It is also crucial to keep in mind that mesothelioma lawsuits can go through a variety of stages before settling or trial. During the litigation process, patients must work with their mesothelioma attorneys to determine the responsible asbestos companies and their products. This may take months or even years to complete.

The attorneys must then gather evidence including medical records, employment histories, 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 lawyer will then determine the best way to achieve the highest amount of compensation for their client.

Confidentiality agreements often keep the exact amounts of mesothelioma compensation from being disclosed. Occasionally, however, certain figures are made public. For instance, in 2018 the family of a Redding mechanic who passed away from asbestos-related lung cancer received an agreement worth $630,000 with multiple defendants. This was the second settlement for the family following a settlement in 2017. While these numbers aren’t indicative of the overall average mesothelioma settlement amount but they do show the huge benefit that victims can derive from their claims.

How to File a Claim

Mesothelioma is a complex terminal disease that requires expensive treatments and can put families under financial stress. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and also 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 value of a claim. In a free evaluation of your mesothelioma claim an experienced lawyer will assess your asbestos exposure and the best way to pursue compensation for you.

A mesothelioma lawyer may file a claim with the responsible party for financial compensation. This could be a multinational company or an insurer that has assumed the responsibility of a bankrupt manufacturer of asbestos. The lawyer will assist you in completing the form and making sure it is filed within the deadline to comply with state law.

Each state’s statute of limitation sets a different deadline within which mesothelioma patients have to take legal action. You should consult with a mesothelioma attorney as early 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 usually takes between two and four years from beginning to finish. A multi-disciplinary legal team will help you through every step in the process, from gathering medical records, interviewing witnesses conducting research, and preparing for trial.

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

Compensation for mesothelioma typically covers future and past medical expenses, funeral expenses as well as lost wages, loss of companionship and other losses that are associated with the disease. Veterans suffering from mesothelioma or other asbestos-related illnesses, should be eligible for VA benefits to help pay for treatment and care.

Contact a national law firm that specializes in mesothelioma to arrange an initial consultation for no cost. A dedicated team of mesothelioma lawyers will determine if you are eligible to file a mesothelioma suit against the companies that exposed you to asbestos while serving in the military.

Settlements

Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both can help cover the cost of treating mesothelioma, and also address other issues, such as loss of income or loss of life.

In a settlement that is negotiated an asbestos producer agrees to compensate the victim with a negotiated amount of money. This is reached through negotiations between the victim’s lawyer and the asbestos company accountable for their exposure.

A mesothelioma lawyer will review your background and asbestos exposure to determine who the defendants are in your case. One or more companies could be the defendants when they manufactured or sold asbestos-containing products on your site. These companies were often aware of the dangers of exposing workers to asbestos, but did not warn workers of the dangers until after their deaths due to the disease.

Most asbestos cases are resolved through trust funds, since asbestos producers have gone bankrupt when they were inundated by lawsuits. Trusts that have more than $30 billion in funds 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 ranges from between $1 million and $2 million. The more money the victim will receive, the bigger the verdict by the jury. During the trial, mesothelioma attorneys will present evidence, such as medical records and employment history, expert witness testimony, and other documents to support their clients their case.

Despite exposure to asbestos, those affected are able to seek justice by filing mesothelioma lawsuits. They can hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and provide compensation to cover medical expenses and lost wage.

Mesothelioma can be a life-threatening, painful and debilitating condition that isn’t always cureable. The financial compensation resulting from a mesothelioma lawsuit that is successful can bring closure to the families of the victims and provide them with the financial assistance they require to live their lives as fully as possible.

Because mesothelioma is so severe and fatal, those who suffer must act quickly. It is crucial to locate an attorney firm that has experience of successfully pursuing mesothelioma claims. Ask relatives who have been diagnosed with the disease, your doctor or other sources for recommendations on attorneys in your region.

Trials

Many sufferers of asbestos-related illnesses receive compensation through settlements. Certain cases end up in the courtroom. The trial could last for several years and a jury has to determine the amount of compensation. If the victim is severely sick, a judge could choose to accelerate the process. Trials often result in higher amounts than settlements.

During a mesothelioma lawsuit attorneys gather evidence to prove exposure to asbestos. They will also identify companies and manufacturers responsible for the asbestos exposure. Mesothelioma lawyers will attempt to recover damages on behalf of the victim and their family members. These damages include compensatory and punitive damages. They will also seek compensation for the victim’s lost income and enjoyment of life.

Most victims and their families prefer to settle rather than go to trial. Settlements are less stressful than trials and enable victims to receive their compensation sooner. However, a seasoned mesothelioma lawyer will prepare for a trial if required to maximize their client’s compensation.

Compensation for mesothelioma could aid victims in paying 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 a victim’s eligibility to claim damages by examining their mesothelioma diagnosis, their employment and military histories as well as their family history. They can also look into asbestos trust funds to determine if manufacturers or employers have compensated victims.

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 some of the most renowned mesothelioma specialists in the world and additional financial support. The VA does not limit the right of a vet to sue asbestos-related companies which caused their exposure, and mesothelioma.

In most mesothelioma lawsuits, the defendants do not want to see a case reach a full-blown trial. They are scared of the potential verdict amount, particularly if a case is involving punitive damages. The long record of verdicts against asbestos companies makes it difficult for them deny liability during trial.