How to File an Asbestos Lawsuit

If you or someone close to you has been diagnosed with an asbestos-related disease and you are eligible, you could be able to make an asbestos lawsuit. A mesothelioma lawyer can help you understand your options and start the process.

The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies may be gone, but they may have established trusts that compensate victims.

Statute of limitations

A statute of limitations is a law that defines the maximum time limit for someone to bring a lawsuit or to take legal action. The time limit is different for each state and type of case. For the majority of personal injury cases the statute of limitations begins to run at the date of the injury or accident. However, asbestos victims are unique in that many don't know they have a serious illness like mesothelioma until years after exposure to the deadly substance. This is why it's important to speak with a mesothelioma attorney as soon as you can after a diagnosis.

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

Asbestos sufferers should be aware of their filing dates and filing locations. Even if they miss the deadline, a mesothelioma lawyer might be able to assist them explore alternative avenues of compensation. This includes filing additional lawsuits or claims against the asbestos trust fund.

It is important to remember that mesothelioma cases can undergo several stages prior to either a settlement or trial. In the course of litigation, the victims and their mesothelioma attorneys must determine asbestos-related companies and products that are responsible. This may take months or even years to complete.

The attorneys then have to collect evidence, such as medical documents, 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 most compensation for their client.

The exact mesothelioma settlement amounts are often kept secret due to confidentiality agreements. However, occasionally certain numbers are made public. In 2018, the family received $630,000 from several defendants in connection with the death of an Redding mechanic from asbestos-related lung cancer. This was the second settlement for this family after a previous settlement in 2017. These figures do not represent the average settlement amount for mesothelioma, but they do demonstrate the value of what patients receive.

Filing a Claim

Mesothelioma is a debilitating illness that is difficult to treat and requires expensive treatment, can cause families to be in financial distress. The compensation from asbestos lawsuits allows patients to pay for life-long medical bills and support their loved ones. It also helps to cover funeral costs and other expenses.

Every case is unique and many factors can affect the potential value of a claim. During a free review of your mesothelioma lawsuit an expert lawyer will evaluate your asbestos exposure and the most effective way to pursue compensation for you.

A mesothelioma lawyer will make an action for financial compensation with the responsible party, which may include a multi-national firm or an insurance company that has taken on the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist you complete the necessary documents and ensure that they are timely filed to ensure compliance with state laws.

Each state's statutes of limitations define a specific timeframe within which mesothelioma victims have to take legal actions. It is recommended that you seek out a mesothelioma lawyer as soon as you can, because the time limit will run out and you'll be unable to claim compensation for your condition.

The mesothelioma lawsuit filing process typically takes between two and four years from start to finish. A multi-disciplinary legal team will aid you through every step that includes gathering medical records, interviewing witness, conducting research, and preparing for trial.

The majority of asbestos cases settle for an agreement before going to trial. However, if you're not satisfied with the settlement amount your lawyer will not hesitate to take the case to trial on behalf of you.

The mesothelioma compensation typically covers future and past medical expenses, funeral expenses and lost wages, as well as loss of companionship and other losses incurred with the disease. Veterans suffering from mesothelioma or other asbestos-related illnesses, should be eligible for VA benefits to help pay for treatment and medical expenses.

If you are a veteran diagnosed with mesothelioma or other cancers, contact mesothelioma lawyers from across the country to get a no-cost legal consultation. A team of mesothelioma lawyers will determine if your mesothelioma claim may be filed against a company who exposed you to asbestos during your service in the military.

Settlements

Asbestos victims can receive compensation through negotiated settlements or verdicts. Both of them can assist with the expenses of treating mesothelioma, as well as addressing other issues like loss of income and quality of life.

In a negotiated settlement 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 company responsible for their exposure.

A mesothelioma lawyer will look at your work history and asbestos exposure to determine who the defendants are in your case. The defendants could be one or more companies that manufactured or sold asbestos-containing products at your workplace site. These companies frequently exposed workers to asbestos and did not warn them of the dangers until their deaths from the disease.

Since a lot of asbestos producers went under due to the flood of lawsuits, most asbestos cases now settle through trust funds. These trusts have over $30 billion in funds that can help mesothelioma sufferers. The lawyer of the victim can help them determine which trust fund to file their claim with.

The median mesothelioma settlement ranges from $1 million to $2 million. The more money a victim can receive, the bigger the verdict by the jury. During the trial, mesothelioma attorneys will provide evidence, including medical records and employment histories, expert witness testimony, and other documents, to prove their clients' case.

Even after exposure to asbestos, victims are able to pursue 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 seek compensation to pay medical expenses and lost wages.

Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always cureable. The compensation from a mesothelioma lawsuit can bring closure to the victims families and ensure that they receive the financial assistance required to live their lives as fully as they can.

Because mesothelioma is so severe and deadly, the patients need to act fast. It is important to find an attorney with an established track record of success in seeking mesothelioma compensation claims. Ask your family members, your doctor, or other sources for recommendations of attorneys in your region.

Trials

Many asbestos-related disease victims receive compensation through settlements. However some cases will go to trial. A trial can take several years and requires a jury to decide the amount of the settlement. A judge could decide to speed up the process if the victim is in a very serious situation. Trials usually result in higher awards than settlements.

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

Most victims and their families prefer to settle rather than go to trial. Settlements are less stressful than trials and permit victims to receive their payouts earlier. A mesothelioma lawyer will prepare their client for trial, if necessary, to maximize the recovery of their client.

The compensation from a mesothelioma lawsuit can help victims pay for their medical bills, lost wages and other expenses that are associated with the disease. In some instances, it could even pay for funeral expenses. A lawyer can determine if a victim is eligible for damages by reviewing their mesothelioma diagnosis, their employment and military histories as well as their family history. They can also check asbestos trust funds to determine if manufacturers or employers have compensated victims.

A legal team representing an asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. Veterans can gain access to the best mesothelioma specialists around the world, and also additional financial assistance. The VA does not limit the right of a veteran to sue asbestos companies which caused their exposure, and mesothelioma.

In most mesothelioma cases defendants do not want a full-blown court trial. They will be scared of the possible verdict amount especially if the case is involving punitive damages. In addition, the lengthy history of asbestos companies being convicted will make it difficult to prove their the responsibility at trial.