How the Mesothelioma Claims Process Works

Compensation amounts vary from case to case. Knowing your options for asbestos compensation and the mesothelioma claim process is crucial.

Companies that went bankrupt because they were exposed to asbestos set up trusts to compensate victims. Asbestos trust funds use schedules and payment percentages to determine the value of each asbestos claim is worth.

Gathering Evidence

A person suffering from a serious illness brought on by asbestos has the right to seek compensation. A lawyer who specializes in asbestos litigation can guide you through the legal system and protect your rights.

The gathering of evidence that is relevant is a vital first step to a successful asbestos claim. This can include medical records, your employment record and any documentation pertaining to your asbestos exposure. This information is crucial for your lawyer to be able to present a convincing argument on your behalf.

In addition to medical records, an experienced mesothelioma lawyer can assist you in gathering and interviewing witnesses who can provide additional evidence of your exposure to asbestos-containing products. It is usually the case that asbestos-related diseases like mesothelioma are caused by exposure to a variety of kinds of asbestos-containing products over a prolonged amount of time.

Once your attorney has gathered all the relevant evidence, they will file the initial complaint on your behalf in the court or with an asbestos trust. The complaint will detail the details of your case and assert that the defendants named in the lawsuit were negligent in selling an item that was not dangerous for the intended use.

The defendants in asbestos cases will have the opportunity to respond to the initial complaint and present their evidence. This is known as the discovery phase and includes depositions, interrogatories, and request for documents. This is a crucial aspect of the process because it lets both parties gather information they may not have been aware of prior to filing an action.

A lawyer may also begin preparing for trial at this point. This may include preparing witnesses who will testify about your or your loved ones' exposure and how it led to their illnesses. If the parties are unable to reach a settlement in pre-trial motions, a lawyer may prepare arguments for trial.

In many states there is a limit to compensation to those who have been diagnosed with asbestos-related diseases. You may only have a few months depending on the statute of limitations in your state to file a lawsuit against mesothelioma or any other asbestos attorney-related disease.

How to File a Claim

After your lawyer has gathered all the evidence necessary, they will file an asbestos lawsuit with the asbestos trust fund or the manufacturer who are accountable for your exposure. Your lawyer can help you claim disability compensation through the VA in the event that you are a vet. State laws, also referred to as statutes of limitation, set the time frame within which you must file an asbestos lawsuit. A mesothelioma lawyer can make sure that your claim is in compliance with all legal requirements and is filed in an efficient manner.

Once the asbestos lawyers have filed a claim and have been notified by the defendants of the lawsuit and request financial compensation. They will argue that the asbestos companies are responsible for the victim's injuries because they produced the asbestos-containing products at issue and did not warn their employees about the dangers posed by these hazardous materials. If the defendants accept a settlement offer they will pay the victim the amount agreed upon. If they do not agree with the settlement, they can fight the claim and take it to trial.

Your lawyer will work with you to achieve the best outcome for your case. They will build a strong case to reach an out of court settlement with the asbestos firms or get your trial decision. Most cases are settled prior to trial.

In addition to pursuing compensation from asbestos-related claims with the asbestos trust funds, your lawyer may also file a wrongful death claim on behalf of loved ones who have passed away due to an asbestos-related illness. This type of claim could be filed by the estate of an asbestos victim who passed away to hold asbestos companies accountable for the death of their loved one.

The lawsuits for wrongful death are similar to personal injuries lawsuits. Your New York mesothelioma lawyer will gather the same evidence as they would in a personal injury case but their main goal is to hold negligent asbestos firms accountable for the death of a victim. The lawyers at Sokolove Law have extensive experience in cases of wrongful death and are determined to get victims the highest amount of compensation for their losses.

Negotiating a Settlement

Once your attorney has gathered evidence and files a claim, liable parties will be given the opportunity to respond. In most cases, companies in asbestos-related industries will try to deny your claims. They do this by collecting details about your health, employment records and other documents to to discredit the facts of your case. Our attorneys are prepared for this and will fight to ensure that you receive the highest amount of compensation.

It is not uncommon for victims to be offered an agreement prior to going to trial. It makes sense for some businesses to settle with victims and put the case behind them in order to avoid negative publicity, the cost of a long trial, and the possibility that they might lose the case completely. Our mesothelioma lawyers are experienced and can help you decide whether or not to accept a settlement. Accepting a settlement will end your rights to seek additional damages in the future. This is not an option to take lightly.

We can also assist with determining what kind of damages you are entitled to. Certain elements of an asbestos settlement, like punitive damages can be taxed. Our lawyers can provide a thorough explanation of how taxable damages function and what you can expect from your settlement.

The typical asbestos settlement is at least $1 million. However, it can differ from case to case. Our legal team will do everything possible to get you the maximum amount of compensation, whether it's through an insurance settlement or a trust.

We can assist you in filing for an VA claim when you were exposed to asbestos during your military service for financial assistance to pay for treatment or other expenses. Veterans may also pursue separate mesothelioma lawsuits against the companies that manufactured and sold asbestos-containing products to our military.

We will determine if you're eligible to claim compensation and help you file your claim within the stipulated deadlines. After your lawyer has filed the required paperwork, it could be only a matter time before you receive a settlement through an asbestos trust or an insurance settlement for a company. If your case goes to court, it may take up to a year before you receive compensation.

Trial

Before going to court attorneys create a strong case in the trial phase. This involves gathering evidence through interrogatories and document requests. Also, depositions are required. A mesothelioma lawyer will prepare to present your case before a judge or jury.

A successful lawsuit depends on proving that the defendants were bound by an obligation of care for the victim. This usually means proving that the victim was hurt because of negligent conduct like not warning of risks, not using proper safety equipment and other similar actions. It is also possible to seek punitive damages, which could be awarded for especially egregious negligence.

Most asbestos victims are diagnosed with mesothelioma or other diseases caused by exposure to asbestos at work. These asbestos-related diseases can have a significant impact on the quality of a person's life and the lives of their loved ones. The process of claiming is vital to ensure that affected families receive the benefits and compensation they deserve.

Typically, those suffering from an asbestos-related illness must file a mesothelioma lawsuit or lawsuit against the company which exposed them to asbestos lawsuits. However, some individuals who have been diagnosed with mesothelioma have been exposed outside of the workplace. This can be the case when they are exposed in an army facility or the use of asbestos-containing items in the home. This type of mesothelioma claim is different from other types and requires the assistance of an expert mesothelioma lawyer.

After identifying the responsible companies, a mesothelioma lawyer compiles all the evidence that support your diagnosis and confirms that the asbestos-related illness was caused by the specific company or manufacturers of the products involved in your case. After all the relevant information has been taken into account and verified, the lawyer can make mesothelioma claims against several companies.

In the course of litigation asbestos victims are entitled to accept, counter or deny any settlement offer that is presented. An asbestos lawyer can counsel a client about accepting or refusing a settlement offer, but the decision is ultimately the responsibility of the individual victim. If a person decides to reject a settlement, the case will continue toward trial. As an alternative, mesothelioma patients can seek compensation through asbestos lawyer trust funds.