How to File an Asbestos Lawsuit

You may be able to file a lawsuit when you or someone you love has been diagnosed with a condition that is related to asbestos. A mesothelioma lawyer can help you know your options and begin the process.

In a mesothelioma case the defendants are asbestos-exposure companies. These companies are usually are no longer in existence, but they may have established trusts to pay victims.

Statute of Limitations

A statute of limitation is a law which sets the maximum time limit for a person to bring a lawsuit or to take legal action. This limit varies by state and type of case. For most personal injury cases the statute of limitation clock starts ticking at the time of the injury or accident. However, asbestos-related victims are different in that a lot of them don't know they have mesothelioma, a serious disease, until years after their exposure to the deadly substance. It's important to contact an attorney as soon after a diagnosis as is possible.

A mesothelioma lawyer can assist victims determine the specifics of their case and ensure that their legal rights are protected. After the mesothelioma attorney is certain they have a valid case they can file a claim for compensation. This could be an injury lawsuit for personal injuries or wrongful death lawsuit, or an asbestos compensation trust fund claim.

asbestos claim victims need to be aware of deadlines and the locations where they can file their claims. Even when they do not meet a deadline an attorney for mesothelioma may be able to assist victims explore other avenues for compensation. This could include filing additional lawsuits and making claims against the asbestos trust fund.

It is also important to keep in mind that a mesothelioma case may go through several stages before settling or trial. During the litigation process, victims must work with their mesothelioma lawyers to identify responsible asbestos-related companies and products. This process could be a long and lengthy process that can take months or years.

The attorneys will then collect evidence such as medical records, employment histories and product identification. Attorneys will also need to calculate damages. This includes future medical expenses, loss of income emotional distress, loss of companionship. The attorney will decide on the best way to maximize the amount of compensation they can offer their client.

Confidentiality agreements usually prevent the exact amounts of mesothelioma compensation from being disclosed. However, some figures do become 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 a $630,000 settlement with multiple defendants. This was the second settlement for this family after a previous settlement in 2017. Although these figures aren't representative of the mesothelioma payout however, they show the substantial value that patients can get from their claims.

Making a Claim

Mesothelioma, a terminal disease that is complicated and requires costly treatment can put families in financial straits. The compensation from asbestos lawsuits can be used to pay for medical bills that can prolong the life of a patient and support loved family members. It also helps pay funeral costs and other expenses.

However, every case is unique and there are numerous variables that could impact the value of a claim. During a free mesothelioma case review, a skilled lawyer will determine how asbestos litigation exposure affected your health and will determine the best avenue to seek compensation on your behalf.

A mesothelioma lawyer can submit a claim for financial compensation with the responsible party which may include a multi-national firm or an insurance company who has assumed liability from a bankrupt asbestos manufacturer. The lawyer will assist you in completing the paperwork and making sure it is filed within the deadline in order to be in compliance with the law of the state.

Each state's statutes of limitations provide a distinct timeframe within which mesothelioma patients have to take legal actions. It is important to work with an attorney for mesothelioma as soon as you can because once the statute of limitations passes and you are no longer legally entitled to any compensation for your condition.

The process of bringing a mesothelioma case can take between two and four year. A multi-disciplined team of lawyers will help you through every step of the way, from collecting and analyzing medical data, interviewing witnesses, conducting research and getting ready for trial.

Most asbestos cases reach a settlement before going to trial. If you are not happy with the amount of settlement, your lawyer will not hesitate in taking your case to trial.

Compensation for mesothelioma usually covers past and future medical expenses, funeral costs as well as lost wages, loss of companionship and other losses that are associated with the disease. In addition those who have been diagnosed with mesothelioma or an asbestos-related illness should apply for benefits through the VA to help pay for their treatment and medical expenses.

If you're a former soldier diagnosed with mesothelioma or other cancers, contact a mesothelioma lawyer in the United States for a free legal consultation. A team of mesothelioma attorneys 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-related victims can be compensated through negotiated settlements or verdicts. Both can help with the costs associated with treating mesothelioma as well as addressing other issues like loss of income and loss of life.

In a settlement negotiated, an asbestos manufacturer agrees to pay a victim the amount they have agreed to. Negotiations are conducted between the victim's attorney and the asbestos company responsible for the victim's 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 any of the companies that manufactured or sold asbestos-containing products on your work site. These companies often knowingly exposed workers to asbestos but did not warn workers of the dangers until their deaths from asbestos-related diseases.

Since many asbestos manufacturers went bankrupt after they were inundated with lawsuits, most asbestos cases are settled through trust funds. These trusts have over $30 billion in funds that can help mesothelioma victims. The lawyer of the victim can help them determine which trust fund to submit their claim to.

The average mesothelioma settlement is $1 million to $2 million. The more money a victim will receive, the more substantial the verdict of the jury. During the trial, mesothelioma lawyers will present evidence, such as medical records, employment history as well as expert witness testimony and other evidence to prove their clients their case.

Despite exposure to asbestos litigation, those affected are able to pursue justice by filing mesothelioma lawsuits. They are able to hold negligent asbestos litigation companies accountable for exposing their loved relatives to this ailment and offer compensation to cover medical expenses and lost wage.

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

Since mesothelioma can be so serious and deadly, the victims must act swiftly. It is important to find an attorney firm that has experience of successfully litigating mesothelioma cases. Ask family members who have been diagnosed with the disease, your physician or other sources for recommendations on attorneys in your region.

Trials

Many asbestos-related disease victims receive compensation through settlements. However some cases are eventually taken to trial. A trial could take a few years and requires an impartial jury to determine the amount of the award. If the victim is seriously sick, a judge could choose to accelerate the process. Trials often result in higher amounts than settlements.

In a mesothelioma case attorneys compile evidence to prove exposure to asbestos. They will identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will attempt to recover damages for the victim and their family. These damages can include compensatory and punitive damages. In addition, they seek to recover compensation for the victim's loss of enjoyment of life and the loss of income.

The majority of victims and their families prefer to settle instead of go to trial. Settlements tend to be less stressful than a trial and allow the victim to access their compensation earlier. However, an experienced mesothelioma lawyer will plan for a trial, if needed, to maximize their client's compensation.

Compensation from a mesothelioma case can assist victims in paying their medical bills, lost wages and other expenses that are associated with the disease. In some cases, it can even pay for funeral expenses. A lawyer can determine if a victim is eligible for compensation by looking over their mesothelioma diagnosis, their military and employment history and their family history. They can also look over asbestos trust funds for compensation from employers and manufacturers.

An asbestos victim's legal team may also look into seeking benefits from the Department of Veterans Affairs. Veterans can gain access to the best mesothelioma specialists in the world, as well as additional financial support. However, seeking benefits from the VA doesn't limit the rights of veterans to bring an action against the asbestos companies responsible for their exposure and mesothelioma.

In most mesothelioma cases, defendants do not want a full-blown court trial. They are afraid of the potential verdict particularly if the trial includes punitive damages. The long record of verdicts against asbestos-related companies makes it difficult to prove their liability in trial.