How to File an Asbestos Lawsuit

If you or someone close to you has been diagnosed with an asbestos-related disease, you may be eligible to make an asbestos lawsuit. A mesothelioma lawyer can help you 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 to compensate victims.

Statute of limitations

A statute of limitations is a law that sets the maximum time someone has to take legal action and file a lawsuit. The duration of this limitation varies according to the state and also the kind of case. In most personal injury cases the statute of limitations clock starts ticking at the date of the injury or accident. Asbestos victims are different in that they may not be aware of a serious illness like mesothelioma until years after exposure. This is why it's so important to speak with a mesothelioma attorney as soon as possible after the diagnosis.

A mesothelioma lawyer can assist patients determine the details of their case and ensure their rights are protected. When the mesothelioma lawyer has become convinced they have a solid case and is confident that they have a strong case, they can file the appropriate claim for compensation. It could be a personal injury 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 an important deadline, a mesothelioma lawyer may be able to assist them explore other avenues of compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.

It is also important to keep in mind that a mesothelioma lawsuit may go through several stages before settling or trial. In the course of litigation, the victims and their mesothelioma attorneys must identify asbestos-related companies and products that are responsible. The process can take months or even years.

Then, the attorneys must gather evidence, including medical records, employment and labor history, and asbestos product identification. The attorneys also need to calculate damages, which could include future medical expenses as well as lost income, emotional distress, and loss of companionship. The lawyer will then determine the best strategy for achieving the maximum amount of compensation for their client.

Confidentiality agreements often keep the exact amount of mesothelioma-related compensation from being disclosed. Sometimes, however, certain figures are made public. For example, in 2018 the family of a Redding mechanic who died from lung cancer caused by asbestos received an amount of $630,000 from multiple defendants. This was the second settlement for the family following a payout in 2017. These figures do not represent the average settlement amount for mesothelioma, but they do demonstrate the value that patients receive.

How to File a Claim

Mesothelioma is a complex, terminal illness that requires expensive treatments and frequently puts families under financial stress. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and support their loved ones. It also helps with funeral costs and other expenses.

However, each case is unique and there are a myriad of variables that could affect a claim's potential value. During a free mesothelioma case review, a knowledgeable lawyer will determine how asbestos exposure affected your health and determine the best way to seek compensation on your behalf.

A mesothelioma lawyer may make 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 attorney will assist you complete the required documents and ensure that they are completed in time to be in compliance with the laws of your state.

The statute of limitations for each state sets a different time frame within which mesothelioma patients must take legal action. You should consult a mesothelioma attorney as soon as you can because the time limit will run out and you won't be able get compensation for your illness.

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 through every step of the way, including collecting and analyzing medical records, interviewing witnesses, conducting research and getting ready for trial.

Most asbestos cases settle before trial. However, if you are not satisfied with the settlement amount your lawyer will not be afraid to go to trial on your behalf.

Mesothelioma compensation typically will cover future and past medical expenses, funeral costs, lost wages, loss of companionship, and other costs associated with the disease. In addition, veterans 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 are a veteran diagnosed with mesothelioma or other cancers, contact a national mesothelioma law firm for a free legal consultation. A dedicated team of mesothelioma attorneys will determine if you're qualified to file a mesothelioma claim against the companies that exposed you to asbestos during your time in the military.

Settlements

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

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

A mesothelioma lawyer who is knowledgeable will examine your employment history and asbestos exposure to determine the defendants in your case. One or more companies could be defendants in the event that they manufactured or sold asbestos-containing products on your worksite. These companies exposed workers to asbestos in a way they knew about and did not inform workers of the dangers until they passed away from the disease.

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

The mesothelioma average settlement ranges from $1 million to $2 million. The higher the jury verdict, the greater amount the victim is likely to receive. During the trial, mesothelioma attorneys will provide evidence, such as medical records and employment histories as well as expert witness testimony and other documentation to support their clients claim.

Despite asbestos exposure, victims are able to get justice through filing mesothelioma lawsuits. They are able to hold negligent asbestos companies accountable for exposing their loved ones to this avoidable illness and provide compensation to cover medical expenses and lost wages.

Mesothelioma is an extremely painful, life-threatening disease that is not always curable. Compensation from a mesothelioma lawsuit that is successful can bring closure to families of the victims and ensure that they receive the financial help they require to live their lives as completely as possible.

Since mesothelioma can be so serious and deadly, the patients need to act fast. It is essential to find an attorney with a track record of successfully seeking mesothelioma compensation claims. Ask your family members, doctor, or any other sources for recommendations of attorneys in your area.

Trials

Many sufferers of asbestos-related illnesses are awarded compensation through a settlement. However, some cases end up going to trial. The trial could last for several years, and a jury must decide on the amount of compensation. A judge may decide to accelerate the process in cases where the victim is in very serious situation. Trials typically result in greater payouts than settlements.

Attorneys will gather evidence to prove asbestos exposure in a mesothelioma case. They will also identify the companies and manufacturers responsible for asbestos exposure. Mesothelioma attorneys will seek damages for the victim as well as their families. These damages include punitive and compensatory damages. In addition, they will seek to seek compensation for the victim's loss of enjoyment in life and lost income.

The majority of 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. A mesothelioma lawyer can prepare their client for a trial, if needed, to maximize the amount of compensation received by their client.

The money received from a mesothelioma cancer case can help victims pay for their medical expenses, lost wages and other expenses that are associated with the disease. In certain cases, it may even cover funeral costs. A lawyer can determine a victim's eligibility to claim damages by examining their mesothelioma diagnosis, their military and employment history as well as their family history. They can also look over asbestos trust funds for compensation from employers and manufacturers.

A legal team representing the asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. This could give veterans access to some of the most renowned mesothelioma specialists in the world and additional financial support. However, pursuing benefits from the VA does not restrict a veterans right to bring an action against asbestos-related companies responsible for their exposure and mesothelioma.

In most mesothelioma cases defendants do not want a full-blown court trial. They are scared of the possible verdict amount, especially if a trial is involving punitive damages. The long history of verdicts against asbestos-related companies makes it difficult for them deny liability during trial.