How to File an Asbestos Lawsuit

You could be able to make a claim if you or someone you know has been diagnosed with a disease related to asbestos. An experienced mesothelioma lawyer can help you understand the options available to you and help begin the process.

The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies might not exist anymore, but they could have established trusts to compensate victims.

Statute of limitations

A statute of limitation is a law which sets the maximum time limit for someone to start a lawsuit or take legal action. This limit varies by state and the type of case. In the majority of personal injury cases, the statute of limitations begins to run at the time the injury or accident occurs. However, asbestos victims are unique in that many do not realize they have mesothelioma, a serious disease, until years after exposure to the deadly substance. This is why it's so important to contact a mesothelioma attorney immediately following a diagnosis.

A qualified mesothelioma lawyer can assess the details of a victim's case and make sure their rights are protected. After the mesothelioma attorney is convinced they have a solid case and is confident that they have a strong case, they can file the appropriate claim for compensation. This could be a personal injury lawsuit, wrongful deaths suit or asbestos trust fund claim.

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

It is also important to remember that a mesothelioma lawsuit can go through a variety of stages before reaching a settlement or trial. During the course of litigation, mesothelioma victims and their attorneys must identify asbestos-related companies and products that are accountable. This could take months or even years to complete.

The attorneys will then collect evidence, including medical records, employment histories, and product identification. The attorneys must also determine damages, which can include future medical expenses, lost income, emotional distress and loss of companionship. The attorney will determine the best way to maximize compensation for their client.

Settlement amounts for mesothelioma are usually kept secret due to confidentiality agreements. Sometimes, however, certain figures are made public. In 2018 the family received a settlement of $630,000 from multiple defendants for the death of a Redding mechanic who died of asbestos-related lung cancer. This was the second settlement following one in 2017. Although these figures aren't indicative of the overall mesothelioma payout but they do show the huge value that victims can receive from their claims.

Filing a Claim

Mesothelioma is a complicated, terminal illness that requires expensive treatment and can put families under financial strain. The money derived from an asbestos lawsuit can be used to pay medical bills that extend life and help loved ones. It also helps pay funeral costs and other expenses.

Each case is unique and there are many factors that can impact the value of an claim. In a free evaluation of your mesothelioma case, an experienced lawyer will determine your asbestos exposure and the most effective method to pursue compensation for you.

A mesothelioma lawyer will submit an action for financial compensation with the responsible party which may include a multi-national corporation or an insurance company who has assumed the responsibility from a bankruptcy asbestos manufacturer. The lawyer will assist you in filling out the paperwork and making sure it is filed within the deadline set by the law of the state.

Each state's statutes of limitations set a different timeline within which mesothelioma victims must pursue legal action. It is crucial to consult with an attorney for mesothelioma as quickly as possible because once the statute of limitations passes and you are no longer in a position to claim any compensation for your condition.

The mesothelioma lawsuit filing process typically takes between two and four years from beginning to finish. A multi-disciplinary team of lawyers will be there to assist you every step of the way, including collecting and analyzing medical data as well as interviewing witnesses conducting research, and making preparations for trial.

Most asbestos cases reach 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.

Compensation for mesothelioma usually covers future and past medical expenses, funeral costs and lost wages, as well as loss of companionship and other losses that are associated with the disease. Veterans suffering from mesothelioma, as well as other asbestos-related illnesses, should be eligible for VA benefits to pay for treatment and medical expenses.

Contact a law firm in the United States that specializes in mesothelioma for free consultation. A dedicated team of mesothelioma lawyers will determine if your eligible to file a mesothelioma lawsuit against companies that exposed you to asbestos while working in the military.

Settlements

Asbestos victims can be compensated through settlements or verdicts negotiated by the victim. Both can assist in covering the cost of treating mesothelioma as well as other issues such as loss of income or quality of life.

In a negotiated settlement an asbestos producer agrees to compensate the victim with an amount that is negotiated. This is reached through negotiations between the lawyer of the victim and the asbestos company accountable for their exposure.

A knowledgeable mesothelioma lawyer will examine your employment history and asbestos exposure to identify the defendants in your case. The defendants could be one or more companies that produced or sold asbestos-containing products on your work site. These companies exposed workers to asbestos knowingly and did not warn of the dangers until workers passed away from the disease.

Because many of the asbestos producers went under after they were inundated with lawsuits, most asbestos cases are now settled using trust funds. Trusts are able to hold more than $30 billion in funds to aid mesothelioma sufferers. Lawyers for the victim can help them determine which trust fund they should make a claim with.

The mesothelioma average settlement ranges from $1 million to $2 million. However, the higher a jury verdict, the more a victim can expect to receive. During the trial phase mesothelioma lawyers provide evidence, such as medical records, employment history as well as expert testimony and other documents to prove their client's case.

Despite exposure to asbestos, those affected can still seek justice by filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and offer compensation to cover medical expenses and lost wage.

Mesothelioma can be an extremely painful, life-threatening condition that isn't always curable. The compensation from a successful mesothelioma lawsuit can bring closure to victims' families and ensure they get the financial help they require to live their lives as fully as they can.

Because mesothelioma is a serious and deadly, the victims must act quickly. It is important to find a law firm with a track record of successfully seeking mesothelioma compensation claims. Ask family members, your doctor, or any other sources to recommend lawyers in your area.

Trials

Many sufferers of asbestos-related illnesses receive compensation via a settlement. However, some cases are eventually taken to trial. A trial can last several years and the jury has to decide on the amount of compensation. If the victim is extremely sick, a judge could choose to accelerate the process. Trials can be more expensive than settlements.

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

Most victims and their family members prefer to settle rather than go to trial. Settlements are generally less stressful than trials and may enable the victim to receive their compensation much earlier. A mesothelioma lawyer will prepare their client for a trial, if necessary, to maximize the amount of compensation received by their client.

The compensation from a mesothelioma lawsuit can assist victims in paying their medical expenses, lost wages and other documented expenses associated with the disease. In certain cases, it can even pay for funeral expenses. A lawyer can determine whether a victim is eligible for damages by reviewing their mesothelioma diagnose, their military and employment history and their family history. They can also examine asbestos trust funds to determine the compensation of employers and manufacturers.

The legal team representing asbestos victims may also look into seeking benefits from the Department of Veterans Affairs. This can give veterans access to some of the best mesothelioma doctors in the world and additional financial support. However, seeking benefits from the VA does not restrict a veterans right to file a lawsuit against the asbestos companies that are responsible for their exposure and mesothelioma.

In most mesothelioma lawsuits, the defendants do not want to see the case progress to an entire trial. They are afraid of the potential verdict, especially if a trial involves punitive damages. Additionally, the long history of asbestos companies being convicted will make it difficult for them to deny the liability in court.