How the Mesothelioma Claims Process Works

Compensation amounts vary from case to case. It is crucial to understand the options for asbestos compensation and how the mesothelioma claims process is carried out.

Trusts were created by bankrupt companies who were exposed to asbestos lawsuits and wanted to pay compensation to victims. Asbestos trust funds utilize schedules and payment percentages to calculate how much each asbestos claim is worth.

Gathering Evidence

A person who suffers from a serious disease caused by asbestos is entitled to seek compensation. An experienced attorney specializing in asbestos litigation can guide you through the legal process and protect your rights.

Gathering evidence relevant to your claim is the initial step in pursuing an asbestos claim. This could include medical records, employment histories and evidence of your asbestos exposure. This information is essential for your lawyer to be able to make a strong case on your behalf.

In addition to medical records, a knowledgeable mesothelioma lawyer can assist you in gathering and interviewing witnesses who can provide additional evidence of your exposure to asbestos-containing products. It is often the case that asbestos-related diseases like mesothelioma are caused by a person's cumulative exposure to multiple different types of asbestos-containing substances over a significant amount of time.

Once your attorney has gathered all relevant evidence and evidence, they will make the initial complaint on your behalf in the court or through an asbestos trust. The complaint will detail the details of your case, and argue that the those named in the lawsuit were negligent in selling a product that was unreasonably hazardous for its intended purpose.

The defendants in asbestos cases will have the opportunity to respond to the initial complaint and offer their evidence. This is called the discovery phase, and it includes interrogatories, depositions, and document requests. This is an essential part of the process, as it allows both parties to gather information they might not have been aware of prior to filing a lawsuit.

A lawyer may also begin prepping for trial during this phase. This could include preparing witnesses who will testify about your or your loved ones' exposure and how they contracted illnesses. If the parties cannot settle a settlement through pre-trial motions, a lawyer may prepare arguments for trial.

In many states the compensation system is limited to those who have been diagnosed with asbestos-related illnesses. Based on the time limit in your state, you may have as little as few months to file a mesothelioma case or other type of asbestos lawsuit.

How to File a Claim

After your lawyer has collected all the evidence required for an asbestos lawsuit with the asbestos trust fund or with the manufacturers who are responsible for your exposure. If you are an active military member, your lawyer can also assist with filing for disability compensation with the VA. State laws known as statutes of limitations impose a time limit within which you can make an asbestos lawsuit. A mesothelioma attorney can ensure that your claim meets all legal requirements and is submitted in a timely manner.

After the asbestos lawyers have filed a lawsuit and have been notified by the defendants of the lawsuit and request financial compensation. They will argue that the asbestos companies are accountable for the injuries sustained by the victim as they manufactured the asbestos products in question, but did not warn their employees about the dangers posed by these hazardous materials. If the defendants agree to a settlement they will pay the victim the amount agreed upon. If they do not agree, they can choose to fight the claim and bring the matter to trial.

Your lawyer will work with you to achieve the best outcome for your case. They will build a solid case to win your trial or reach an agreement out of court with asbestos companies. The majority of cases are settled out of court before they reach trial.

In addition to pursuing compensation for asbestos-related claims through the asbestos trust funds, your attorney may also make a claim for wrongful death on behalf of a loved one who has died from an asbestos-related illness. This kind of claim is filed by the estate of a deceased asbestos attorneys victim to make asbestos companies accountable for their loved one's death.

Wrongful death claims are similar to personal injury lawsuits. Your New York mesothelioma lawyer will gather the same evidence as they would in a personal injury lawsuit, but their main objective is to hold negligent asbestos firms accountable for the victim’s death. The attorneys at Sokolove Law have extensive experience in wrongful death cases and are determined to get victims the most compensation for their losses.

Negotiating a Settlement

After your attorney has gathered evidence and filed a claim, liable parties are given an opportunity to respond. Companies involved in asbestos are often attempting to disprove your claim. They will collect details about your employment, health records and other documents in an attempt to discredit the facts of your case. Our lawyers are well-prepared for this and will fight to ensure that you get the maximum compensation possible.

It is not unusual that victims are offered settlements prior to going to trial. Some companies offer settlements to victims in order to put the case behind and avoid negative publicity. They also want to avoid the cost of a long trial and the risk of losing the case. Our experienced mesothelioma lawyers can help you decide whether or not you want to accept the settlement. The acceptance of a settlement is the end of your right to pursue further damages in the future, so this is not something to be taken lightly.

We can also help determine which types of damages are available to you. Certain parts of an asbestos settlement such as punitive damage could be taxed. Our lawyers can provide an in-depth explanation of how taxable damages function and what you can expect from your settlement.

The typical asbestos settlement is $1 million or more. It can differ from one case to another. Our legal team will do everything to ensure you receive the highest compensation, whether that is through an insurance settlement or a trust.

We can assist you in filing for the VA claim when you were exposed to asbestos during your military service to receive financial assistance to cover your treatment or other losses. Veterans can also pursue separate mesothelioma lawsuits versus the companies who knowingly produced and sold asbestos-containing products to our military.

We will assist you in determining whether you are eligible for compensation and submit your claim by the deadlines. Once your lawyer has filed all the documents, you should be able to receive a settlement from an asbestos trust or insurance firm within a few months. If your case goes to court, it could take at least a year before you receive compensation.

Trial

Before going to court attorneys prepare a strong case for trial. This includes gathering evidence through interrogatories, document requests and depositions, among others. A mesothelioma lawyer will also prepare to argue your case before a judge or jury.

A successful lawsuit depends on proving that the defendants owed an obligation of care for the victim. This usually means proving that the victim was hurt because of negligent conduct like not warning of the dangers, not wearing proper safety equipment and other similar actions. In addition, punitive damages can be awarded in the case of a particularly serious breach of the law.

The majority of asbestos victims have been diagnosed with mesothelioma or similar illnesses from occupational exposure to asbestos, which is a dangerous substance. These asbestos-related diseases can have severe impacts on the quality of a person's life as well as the lives of their family members. The process of claiming is essential to ensure that affected families receive the benefits and compensation they deserve.

A person who has been diagnosed with an asbestos-related disease typically has to make a mesothelioma suit or claim against the company which exposed them to asbestos. However, some people who have been diagnosed with mesothelioma were exposed outside of the workplace. This can be the case when they are exposed in a military facility or through the use of asbestos-containing products in the home. This kind of claim is different than other types and requires the assistance of mesothelioma lawyers.

A mesothelioma lawyer will compile all the information to confirm the diagnosis. They will also verify that the asbestos-related illness was caused by a specific company or makers involved in your case. After all the data is gathered, the lawyer will file a mesothelioma lawsuit against a variety of companies.

During the trial asbestos victims have the option to accept, decline or counter any settlement offer. An asbestos lawyer can counsel the client on whether to accept or rejecting a settlement offer, but the decision is ultimately up to the individual victim. If a person refuses to accept an offer of settlement the case will go to trial. As an alternative, mesothelioma patients may claim compensation through asbestos trust funds.