How to File an Asbestos Lawsuit

You may be able to make a claim if you or someone you know has been diagnosed with a condition related to asbestos. A qualified mesothelioma attorney can assist you in understanding your options and assist you to start the process.

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

Statute of Limitations

A statute of limitations is a law that sets the maximum period of time for a person to start a lawsuit or take legal action. The time limit varies by state and case type. In most personal injury cases the statute of limitations begins to run when the accident or injury occurs. However, asbestos-related victims are unique in the sense that many don't know they have mesothelioma or another serious illness until a long time after exposure to the toxic substance. This is why it's important to contact a mesothelioma attorney as soon as you can after an announcement of diagnosis.

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

Asbestos victims must be aware of deadlines and places where they can file their claims. Even if victims fail to meet a deadline a mesothelioma attorney may be able help them explore alternative avenues of compensation. This includes filing additional lawsuits and submitting claims against the asbestos trust fund.

It is crucial to keep in mind that mesothelioma lawsuits can go through several stages before a settlement or a trial. During the course of litigation, victims and their mesothelioma attorneys must determine asbestos-related companies and products that are accountable. The process can take months or even years.

The attorneys then have to collect evidence, such as medical documents, employment and labor history as well as asbestos 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 decide the best way to achieve the maximum amount of compensation for their client.

Confidentiality agreements usually prevent the exact amounts of mesothelioma-related compensation from being disclosed. Occasionally, however certain numbers are released. In 2018 the family received a settlement of $630,000 from multiple defendants for the death of an Redding mechanic from asbestos-related lung carcinoma. This was the second settlement for the family after a previous settlement in 2017. While these figures aren't representative of the mesothelioma average but they do show the huge benefit that victims can derive from their claims.

Making a Claim

Mesothelioma is a complicated, terminal illness 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 cover funeral costs and other expenses.

Each case is unique and there are many factors that can impact the potential value of any claim. During a free mesothelioma case review, a knowledgeable lawyer will assess how asbestos exposure affected your health and decide on the best avenue to claim compensation on behalf of you.

A mesothelioma lawyer may submit a claim to the responsible party to receive financial compensation. This could be a multinational company or an insurance company that has taken over the responsibility of a bankrupt manufacturer of asbestos. The attorney will assist you in completing the paperwork and ensure that it is filed within the deadline in order to be in compliance with state law.

The statute of limitations for each state sets a different time frame within which mesothelioma patients must file legal actions. It is recommended that you consult a mesothelioma attorney as early as you can, because the statute of limitation expires and you will not be able to get compensation for your illness.

The mesothelioma lawsuit process typically takes between two and four years from start to the end. A multi-disciplined legal team will assist you in every step of the process in the process, from gathering medical records, interviewing witness, conducting research, and preparing for the trial.

Most asbestos cases are settled with a settlement before going to trial. If, however, you are not satisfied with the amount of settlement, your lawyer will not hesitate to take the case to trial on your behalf.

Mesothelioma compensation usually will cover future and past funeral expenses, medical expenses as well as lost wages, loss of companionship and other losses related to the disease. In addition those who have been who are diagnosed with mesothelioma, or any other asbestos-related disease should apply for benefits through the VA to pay for their treatment and care.

If you are a veteran diagnosed with mesothelioma, call mesothelioma lawyers from across the country to get a no-cost legal consultation. A team of mesothelioma lawyers will determine if your mesothelioma lawsuit can be filed against companies who exposed you to asbestos during your service in the military.

Settlements

Asbestos-related victims can be compensated via negotiated settlements or verdicts. Both of these can help offset the costs associated with treating mesothelioma as well as addressing other issues like loss of income or quality of life.

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

A mesothelioma lawyer who is knowledgeable will examine your employment background and asbestos exposure to determine the defendants in your case. The defendants could be a number of companies that produced or sold asbestos-containing products on your work 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 from the disease.

Because many of the asbestos manufacturers went bankrupt after they were inundated with lawsuits, most asbestos cases are settled through trust funds. Trusts are able to hold more than $30 billion in funds to help mesothelioma patients. The victim's mesothelioma attorney can assist them in determining which trust fund to file their claim with.

The average mesothelioma settlement is between $1 million and $2 million. The more money a victim can receive, the bigger the verdict by the jury. During the trial, mesothelioma lawyers will provide evidence, including medical records and employment history, expert witness testimony, and other documents, to prove their clients claim.

Even after exposure to asbestos, victims are able to seek justice by filing mesothelioma claims. They can hold negligent asbestos companies accountable for exposing their loved ones to this disease that is preventable and offer them compensation to cover their medical expenses and lost wages.

Mesothelioma is an incredibly painful, life-threatening illness 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 needed to live as fully as they can.

The seriousness and death of mesothelioma demands that patients take action swiftly. It is crucial to locate an attorney firm that has a track record of successfully pursuing mesothelioma claims. Ask family members, your doctor, or other sources to recommend attorneys in your region.

Trials

Many asbestos-related disease victims receive settlements to compensate them. However certain cases will go to trial. The trial could last for several years, and a jury must decide the amount of compensation. A judge may decide to accelerate the process if the victim is in a extremely serious condition. Trials can be more expensive than settlements.

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

The majority of victims and their families prefer to settle instead of going to trial. Settlements are usually less stressful than a trial and let the victim access their compensation much sooner. However, a seasoned mesothelioma lawyer will plan for a trial, if needed, to maximize their client's recovery.

The money received from a mesothelioma cancer case can help patients pay for their medical expenses, lost wages and other expenses that are attributed to the disease. In certain cases, it can even cover funeral costs. An attorney can determine the victim's eligibility to receive damages by examining his or her mesothelioma diagnoses as well as employment and military histories and family history. They can also examine asbestos trust funds to determine whether employers or manufacturers have paid compensation.

A legal team representing the asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. Veterans have access to the top mesothelioma specialists in the world, and also additional financial assistance. The VA does not limit the right of a veteran to sue asbestos-related companies who caused their exposure and mesothelioma.

In most mesothelioma lawsuits the defendants would prefer not to see the case progress to an entire trial. They will be scared of the possible verdict amount, particularly if a case involves punitive damages. In addition, the long history of verdicts against asbestos companies will make it difficult to prove their the responsibility at trial.