How to File an Asbestos Lawsuit

You may be able to file a lawsuit if you or someone you love has been diagnosed with a condition connected to asbestos. A mesothelioma lawyer will help you to determine your options and begin the process.

In a mesothelioma-related case, the defendants are the asbestos-exposure companies. These companies could not exist anymore, but they could have established trusts that compensate victims.

Statute of Limitations

A statute of limitation is a law which sets the maximum amount of time allowed for someone to start a lawsuit or take legal action. The time limit is different for each state and also the type of case. For most personal injury cases, the statute of limitations begins to run at the date of the accident or injury. However, asbestos-related victims are different in that a lot of them don't realize they suffer from mesothelioma, a serious disease, until years after their exposure to the deadly substance. This is why it's important to get in touch with an attorney for mesothelioma immediately following the diagnosis.

A qualified mesothelioma attorney will be able to determine the specifics of a patient's case and ensure their rights are protected. Once the mesothelioma lawyer is convinced they have a solid case and is confident that they have a strong case, they can file a claim for compensation. This could be a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.

Asbestos sufferers should be aware of their filing dates and filing locations. Even when they do not meet the deadline an attorney for mesothelioma may be able to help victims explore other avenues for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.

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

Then, the attorneys must gather evidence, including medical records, employment and labor history as well as asbestos product identification. Attorneys will also need to calculate damages. This includes future medical expenses as well as loss of income emotional distress, loss companionship. The attorney will decide on the best strategy to maximize the amount of compensation they can offer their client.

Settlement amounts for mesothelioma are usually kept secret because of confidentiality agreements. Occasionally, however, certain figures are made public. In 2018 the family received $630,000 from multiple defendants for the death of a Redding mechanic who died of asbestos-related lung cancer. This was the family's second settlement following the payout in 2017. These figures don't represent the typical settlement amount for mesothelioma. However, they do show the value of what patients receive.

How to File a Claim

Mesothelioma is a complex, terminal illness that requires expensive treatments and can put families in financial straits. The money derived from asbestos lawsuits can be used to pay for medical bills that extend life and provide support for loved relatives. It also helps to cover funeral costs and expenses.

Each case is unique and many factors can affect the value of any claim. When you receive a no-cost review of your mesothelioma lawsuit an experienced lawyer will assess your asbestos exposure and the most effective way to pursue compensation for you.

A mesothelioma lawyer can file an action for financial compensation with the responsible party, which could be a multinational corporation or an insurance company that has assumed responsibility for a bankruptcy asbestos manufacturer. The attorney will help you complete the required paperwork and ensure it is filed on time to comply with the laws of your state.

Each state's statute of limitation has a specific time frame within which mesothelioma patients have to take legal action. It is recommended that you consult with a mesothelioma attorney as early as you can, because the time limit expires and you won't be able recover compensation for your condition.

The mesothelioma lawsuit process usually takes between two and four years from start to the end. A multi-disciplinary legal team will assist you at every step that includes gathering medical records, interviewing witnesses as well as conducting research and preparing for the trial.

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

Mesothelioma compensation usually will cover future and past funeral expenses, medical expenses and lost wages, as well as loss of companionship and other losses related to the disease. Veterans suffering from mesothelioma or other asbestos-related diseases, should also apply for VA benefits to pay for treatment and care.

Contact a national law firm that specializes in mesothelioma for an initial consultation for no cost. A dedicated team of mesothelioma attorneys will determine if your eligible to file a mesothelioma suit against the companies that exposed you to asbestos during your time in the military.

Settlements

Asbestos victims may receive compensation through negotiated settlements or judgments. Both of them can assist with the costs associated with treating mesothelioma, as well in addressing other issues such as loss of income and quality of life.

In a settlement negotiated the asbestos manufacturer will pay a victim a negotiated amount of money. This is reached through negotiations between the lawyer of the victim and the asbestos manufacturer responsible for their exposure.

A mesothelioma lawyer will review your work history and asbestos exposure to determine who the defendants in your case are. The defendants could be one or more companies that produced or sold asbestos-containing products at your workplace site. These companies exposed workers to asbestos in a way they knew about and did not warn of the dangers until they passed away from the disease.

Because many of the asbestos producers went under after being flooded with lawsuits, most asbestos cases are now settled using trust funds. These trusts hold over $30 billion in funds to aid mesothelioma patients. The victim's attorney can assist them in determining which trust fund they should make a claim with.

The mesothelioma average settlement ranges from between $1 million and $2 million. However, the larger a jury verdict, the more a victim can expect to receive. During the trial phase mesothelioma lawyers present evidence like medical records, employment histories, expert testimony and other documents to prove their client's case.

Even after exposure to asbestos, victims are able to seek justice by filing mesothelioma lawsuits. They are able to hold negligent asbestos companies accountable for exposing their loved family members to this deadly disease and provide compensation to cover the cost of medical treatment and lost wages.

Mesothelioma can be an extremely painful, life-threatening condition that isn't always curable. The financial compensation resulting from a mesothelioma-related case can bring closure to victims' families, and ensure that they receive the financial aid required to live as full as they can.

Because mesothelioma is a serious and deadly, the victims must act swiftly. It is essential to find an attorney with a track record of successfully litigating mesothelioma cases. Consult with family members who have been diagnosed with the disease, your physician or other sources for recommendations of attorneys in your area.

Trials

Many asbestos-related disease victims receive settlements to compensate them. However some cases end up going to trial. The trial could last for several years and the jury has to determine the amount of compensation. If the victim is extremely sick, a judge could decide to accelerate the process. Trials can be more expensive than settlements.

In a mesothelioma case attorneys compile evidence to prove asbestos exposure. They will identify the companies and manufacturers responsible for the exposure. Mesothelioma lawyers will seek to recover damages for the victim and their families. These damages can include punitive and compensatory damages. They will also seek to recover compensation for the victim’s lost income and enjoyment of life.

The majority of victims and their families prefer to settle rather than going to trial. Settlements are less stressful than trials and permit victims to receive their compensation sooner. However, an experienced mesothelioma attorney will prepare for a trial, if needed, to maximize their client's recovery.

Compensation for mesothelioma can aid victims in paying their medical expenses, lost income, and other expenses that are related to the disease. In certain cases, it may even cover funeral costs. A lawyer can determine whether a victim is eligible for damages by reviewing their mesothelioma diagnosis, their military and employment history as well as their family history. They can also examine asbestos trust funds to determine if manufacturers or employers have compensated victims.

A legal team representing the asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. This will allow veterans access to the most renowned mesothelioma specialists around the world as well as financial assistance. The VA will not restrict the right of a vet to sue the asbestos companies which caused their exposure, and mesothelioma.

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