How to File an Asbestos Lawsuit

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

The plaintiffs in a mesothelioma suit are the companies that exposed you to asbestos. These companies may 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 an individual has to pursue legal action and bring a lawsuit. This limit varies by state and also the type of case. In most personal injury cases the statute of limitations clock begins to tick when the injury or accident occurs. Asbestos victims are different in that they may not be aware of a serious disease like mesothelioma until years after exposure. It is crucial to speak with an attorney as soon following a diagnosis as soon as you can.

A mesothelioma lawyer can help patients determine the details of their case and ensure their legal rights are secured. When the mesothelioma lawyer has become certain they have a valid case they can file the proper claim for compensation. This could be an injury lawsuit for personal injuries or wrongful death suit, or an asbestos claim trust fund claim.

Asbestos victims must be aware of the deadlines and the locations where they can file claims. Even if they miss an important deadline, a mesothelioma lawyer might be able to assist clients explore other avenues for compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.

It is crucial to keep in mind that mesothelioma cases may go through multiple stages prior to either a settlement or trial. In the course of litigation, the victims and their mesothelioma attorneys must identify asbestos-related companies and products responsible. It could take months or even years to complete.

Then, the attorneys must gather evidence, which includes medical records, labor and employment history and 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.

Exact mesothelioma settlement amounts are often kept private because of confidentiality agreements. Occasionally, however certain numbers are released. For example, in 2018 the family of a Redding mechanic who passed away from lung cancer caused by asbestos received an amount of $630,000 from multiple defendants. This was the second settlement after one in 2017. While these numbers aren't representative of the mesothelioma payout however, they show the substantial value that patients can get from their claims.

Making a Claim

Mesothelioma, a terminal illness that is difficult to treat and requires costly treatment can put families in financial trouble. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and also support their loved ones. It also helps pay for funeral costs and other expenses.

Each case is unique and many factors can affect the potential value of any claim. When you receive a free mesothelioma claim review, a knowledgeable lawyer will evaluate the impact asbestos exposure had on your health and will determine the best way to claim compensation on behalf of you.

A mesothelioma lawyer will submit a claim for financial compensation with the responsible party which may include a multi-national company or an insurance company that has assumed the responsibility from a bankruptcy asbestos manufacturer. The attorney will help you complete the required paperwork and ensure that it is 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 important to work with a mesothelioma lawyer as soon as you can, because if the statute of limitations expires the victim will not be legally entitled to any compensation for your condition.

The process of submitting a mesothelioma lawsuit can take between two and four year. A multi-disciplined team of lawyers will assist you every step of the way, such as collecting and analyzing medical data, interviewing witnesses conducting research, and getting ready for trial.

Most asbestos cases settle prior to trial. If you are not happy with the settlement amount, your lawyer will not hesitate in taking your case to trial.

Mesothelioma compensation typically covers past and future medical expenses, funeral costs, lost wages, loss of companionship, and other costs associated with the disease. In addition veterans who are diagnosed with mesothelioma or an asbestos-related illness should seek benefits through the VA to pay for their treatment and medical expenses.

Contact a national law firm that specializes in mesothelioma for an initial consultation for no cost. A dedicated team of mesothelioma experts will determine if your eligible to file a mesothelioma suit against the companies that exposed you to asbestos litigation while serving in the military.

Settlements

Asbestos victims can receive compensation via negotiated settlements or verdicts. Both can help cover the cost of treating mesothelioma as well as other issues, such as loss of income or the quality of life.

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

A mesothelioma attorney will examine your background and asbestos exposure to determine who the defendants are in your case. The defendants could be one or more companies that sold or made asbestos-containing products at your workplace site. These companies exposed workers to asbestos in a way they knew about and did not warn of the dangers until they died from the disease.

Since many asbestos producers went under due to the flood of lawsuits, the majority of asbestos cases are now settled using trust funds. Trusts are able to hold more than $30 billion in funds to aid mesothelioma victims. Lawyers for the victim can assist them in determining which trust fund they should make a claim with.

The mesothelioma settlement average is between $1 and $2 million. The more money a victim will receive, the bigger the jury verdict. During the trial phase, mesothelioma lawyers will provide evidence, such as medical records, employment histories and expert testimony, as well as other evidence to support their client's case.

Even after exposure to asbestos, victims can still seek justice by filing a mesothelioma lawsuit. They can make negligent asbestos companies accountable for the risk of exposing their loved ones this preventable illness and offer them compensation to cover their medical expenses and lost earnings.

Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always cureable. Compensation from a mesothelioma case can bring closure to victims' families, and ensure that they receive the financial aid needed to live as fully as they can.

The severe and fatality of mesothelioma requires victims to act swiftly. Finding a law firm that has proven success in the pursuit of mesothelioma cases is crucial. Consult with relatives who have been diagnosed with the disease, your physician or other sources for recommendations on attorneys in your area.

Trials

Many sufferers of asbestos-related illnesses are awarded compensation through settlements. Some cases do end in the courtroom. A trial can last several years and a jury has to decide the amount of compensation. If the victim is extremely ill, a judge may decide to speed up the process. Trials typically result in greater awards than settlements.

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

The majority of victims and their families prefer to settle rather than going to trial. Settlements are usually less stressful than a trial and may allow the victim to access their compensation much sooner. A mesothelioma lawyer will prepare their client for trial, if necessary, to maximize the amount of compensation received by their client.

Compensation for mesothelioma may help victims cover their medical expenses, lost income, and other expenses that are attributed to the disease. In some cases, compensation may cover funeral expenses. An attorney can determine the victim's entitlement to damages by looking over his or her mesothelioma diagnoses as well as employment and military histories and family histories. They can also check asbestos trust funds to see if manufacturers or employers have paid compensation.

A legal team representing the asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. Veterans will have access to the best mesothelioma specialists in the world, and also additional financial support. However, seeking benefits from the VA does not limit the rights of veterans to file an action against the asbestos claim 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 potential verdict, especially if a trial includes punitive damages. The long history of verdicts against asbestos law companies makes it difficult to deny liability during trial.