How to File an Asbestos Lawsuit

If you or a loved one has been diagnosed with an asbestos-related condition, you may be eligible to bring an asbestos lawsuit. A mesothelioma lawyer who is experienced can help you understand your options and help you begin the process.

The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies usually no longer exist however, they could have set up trusts to compensate victims.

Statute of Limitations

A statute of limitation is a law which sets the maximum period of time for someone to start a lawsuit or take legal action. This limit can vary by state and case type. For the majority of personal injury cases the statute of limitations clock starts ticking at the time of the injury or accident. However, asbestos-related victims are unique in that many don't realize they suffer from mesothelioma, a serious disease, until years after exposure to the dangerous substance. This is why it's important to get in touch with a mesothelioma attorney as soon as you can after a diagnosis.

A qualified mesothelioma lawyer can assess the details of a victim's case and ensure their legal rights are protected. Once the mesothelioma lawyer is convinced they have a solid case, they can file the proper claim for compensation. This could be a personal injury lawsuit, wrongful death suit or asbestos trust fund claim.

Asbestos victims should be aware of their filing deadlines and locations. Even if they miss an important deadline, a mesothelioma lawyer might be able to assist them explore other avenues of compensation. This could include additional lawsuit filing locations and asbestos trust fund claims.

It is also important to remember that a mesothelioma lawsuit can go through many stages before settling or trial. In the course of litigation, the victims and their mesothelioma attorneys must identify asbestos-related companies and products responsible. This process could take months or even years.

The attorneys then need to gather evidence such as medical records, employment histories, and product identification. The attorneys will also have to determine the amount of damages. This includes future medical expenses and income loss emotional distress, loss of companionship. The attorney will determine the best way to maximize the compensation of their client.

Exact mesothelioma settlement amounts are usually kept secret because of confidentiality agreements. However, some figures do appear on the public at times in time. 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 their second settlement following one in 2017. Although these figures don't represent the total average mesothelioma settlement amount, they illustrate the significant value that victims can receive from their claims.

How to File a Claim

Mesothelioma is a debilitating illness that is difficult to treat and requires costly treatment can leave families in financial straits. The compensation from asbestos lawsuits can be used to pay medical bills that can prolong the life of a patient and help loved family members. It also helps with funeral costs and other expenses.

However, each case is unique and there are a myriad of aspects that can influence the value of a claim. During a free mesothelioma case review, a knowledgeable lawyer will assess the impact asbestos exposure had on your health and will determine the best avenue to pursue compensation on your behalf.

A mesothelioma lawyer can submit a claim to the responsible party to receive financial compensation. This could be a multinational company or an insurer who has assumed responsibility from a bankrupt producer of asbestos. The attorney will assist you in completing the paperwork and ensure that it is filed before the deadline to comply with state law.

The statutes of limitation in each state define a specific timeframe within which mesothelioma patients must pursue legal actions. It is important to consult a mesothelioma attorney as soon as you can, because the statute of limitation will expire and you'll be unable to get compensation for your condition.

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

Most asbestos cases are settled with an agreement prior to going to trial. However, if you're not satisfied with the amount you have received, your lawyer will not be afraid to go to trial on behalf of you.

Compensation for mesothelioma typically covers future and past medical expenses, funeral costs as well as lost wages, loss of companionship, and other losses associated with the disease. In addition veterans who are diagnosed with mesothelioma or another asbestos-related disease should apply for benefits through the VA to pay for their treatment and medical expenses.

If you're a former soldier diagnosed with mesothelioma, call a mesothelioma lawyer in the United States for a no-cost consultation. A team of mesothelioma experts will determine if you are eligible to file a mesothelioma suit against companies that exposed you to asbestos during your time in the military.

Settlements

Asbestos-related victims can be compensated through negotiated settlements or judgments. Both can help with the costs associated with treating mesothelioma as well being able to address other issues, such as loss of income and loss of life.

In a settlement that is negotiated by a manufacturer of asbestos, the company agrees to pay the 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 lawyer who is knowledgeable will examine your employment history and asbestos exposure to determine the defendants in your case. The defendants could be a number of companies that produced or sold asbestos settlement-containing products on your work site. These companies frequently exposed workers to asbestos, but did not inform them of the dangers until their deaths due to the disease.

Because many of the asbestos producers went bankrupt after being flooded with lawsuits, most asbestos cases now settle through trust funds. Trusts are able to hold more than $30 billion to aid mesothelioma sufferers. The victim's attorney can assist them in determining which trust fund to submit their claim to.

The median mesothelioma settlement ranges from $1 million to $2 million. The higher the jury verdict, the greater amount a victim can expect to receive. During the trial phase, mesothelioma lawyers will present evidence like medical records, employment histories, expert testimony and 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 hold negligent asbestos companies accountable for exposing their loved relatives to this ailment and provide compensation to cover the cost of medical treatment and lost wages.

Mesothelioma is an extremely painful, life-threatening disease that is not always curable. The financial compensation resulting from a successful mesothelioma lawsuit can bring closure to victims' families and ensure that they receive the financial help they require to live their lives as full as possible.

The seriousness and death of mesothelioma requires victims to respond quickly. Finding a law firm which has proven success in pursuing mesothelioma-related cases is essential. Check with family members who have been diagnosed with the disease, your doctor or other sources for recommendations on lawyers in your area.

Trials

Many asbestos-related illnesses sufferers receive settlements to compensate them. However certain cases end up going to trial. A trial can last for several years and requires a jury to decide the amount of the award. A judge can decide to accelerate the process if the victim is in a extremely serious condition. Trials are usually more expensive than settlements.

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

Most victims and their families prefer to settle than to go to trial. Settlements are generally less stressful than a trial and can allow the victim to access their compensation much sooner. However, a knowledgeable mesothelioma attorney will prepare for a trial, if needed, to maximize their client's recovery.

The compensation from a mesothelioma lawsuit can help victims pay for their medical bills, lost wages and other expenses that are attributed to the disease. In certain cases, compensation may cover funeral expenses. A lawyer 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 histories. They can also look over asbestos trust funds to determine the compensation of employers and manufacturers.

A legal team representing the asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. This could give veterans access to some of the best mesothelioma physicians in the world and additional financial assistance. However, pursuing benefits from the VA doesn't limit a veterans right to file an action against asbestos-related companies responsible for their exposure and mesothelioma.

In most mesothelioma lawsuits, the defendants would prefer not to see a case reach a full-blown trial. They are scared of the potential verdict amount especially if the case includes punitive damage. The long history of verdicts in favor of asbestos-related companies makes it difficult for them deny liability during trial.