How to File an Asbestos Lawsuit

You may be able to file a lawsuit when you or someone you love has been diagnosed with a disease related to asbestos. A qualified mesothelioma attorney can help you understand your options and assist you to start the process.

The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies usually are no longer in existence, but they may have set up trusts to pay victims.

Statute of Limitations

A statute of limitations is a law that defines the maximum time one must legally take legal action and make a claim. The time limit varies by state and case type. In most personal injury cases the statute of limitation clock begins to tick at the time of the incident or injury. Asbestos sufferers are unique in that they may not be aware of a serious disease like mesothelioma until years after exposure. This is why it's so important to get in touch with an attorney for mesothelioma as soon as you can after the diagnosis.

A qualified mesothelioma attorney will be able to determine the specifics of a patient's case and make sure 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 a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.

Asbestos victims must be aware of their filing dates and filing locations. Even if victims miss the deadline, a mesothelioma lawyer may be able help them find alternative options for compensation. This could include filing additional lawsuits and submitting claims against the asbestos trust fund.

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

Then, the attorneys must gather evidence, including medical documents, employment and labor history, and asbestos 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 decide on the best method to maximize the amount of compensation they can offer their client.

The exact mesothelioma settlement amounts are usually kept secret due to confidentiality agreements. However, occasionally certain amounts are made public. For example, in 2018 the family of a Redding mechanic who passed away from asbestos-related lung cancer received an agreement worth $630,000 with several defendants. This was the family's second settlement following a payout in 2017. These figures do not represent the typical settlement amount for mesothelioma. However they do show the value that patients receive.

How to File a Claim

Mesothelioma is a nebulous, terminal illness that requires expensive treatment and can put families under financial stress. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and support their loved family members. It also helps pay funeral costs and other expenses.

Each case is unique and many factors can affect the potential value of any claim. During a free review of your mesothelioma claim an experienced lawyer will assess your asbestos exposure and the best method to pursue compensation for you.

A mesothelioma attorney will file a claim for financial compensation with the responsible party which could be a multinational corporation or an insurance company who has assumed the responsibility from a bankruptcy asbestos manufacturer. The lawyer will assist you to complete the required documents and ensure that they are filed on time to comply with the laws of your state.

The statute of limitations for each state provides a distinct time frame within which mesothelioma patients must take legal action. It is important to work with a mesothelioma lawyer as soon as you can because once the statute of limitations passes, you will not be legally entitled to any compensation for your illness.

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

Most asbestos cases settle before trial. If, however, you are not satisfied with the amount of settlement your lawyer will not hesitate to take the case to trial on your behalf.

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

Contact a law firm in the United States that specializes in mesothelioma for free consultation. A team of mesothelioma attorneys will determine if your mesothelioma claim may be filed against a company who exposed you to asbestos during your military service.

Settlements

Asbestos victims may receive compensation through negotiated settlements or verdicts. Both of these can help pay for the cost of treating mesothelioma and address other issues like loss of income or quality of life.

In a negotiated settlement an asbestos producer agrees to pay a victim the amount they have agreed to. Negotiations are conducted between the victim's lawyer and the asbestos company responsible for the victim's exposure.

A knowledgeable mesothelioma lawyer will review your work background 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 frequently exposed workers to asbestos but did not warn them of the dangers until their deaths due to the disease.

Most asbestos cases are resolved by trust funds since many asbestos producers went bankrupt after being flooded by lawsuits. Trusts have more than $30 billion in funds to aid mesothelioma patients. Lawyers for the victim can assist them in determining which trust fund to submit their claim to.

The average mesothelioma settlement is between $1 million and $2 million. However, the higher a jury verdict, the more the victim will receive. During the trial phase mesothelioma lawyers are required to present evidence such as medical records, employment histories, expert testimony and other documentation to prove their client's case.

Even after exposure to asbestos, victims are able to get justice through filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for the exposure of their loved ones to this preventable illness and provide them with compensation to cover their medical expenses and lost earnings.

Mesothelioma is a painful, life-threatening condition that is not always cureable. The compensation from a successful mesothelioma lawsuit will bring closure to families of the victims and provide them with the financial help they require to live their lives as full as they can.

The seriousness and death of mesothelioma demands that patients act promptly. Finding a law firm which has a track record of success in pursuing mesothelioma cases is crucial. Ask family members, your doctor, or other sources to recommend attorneys in your region.

Trials

Many victims of asbestos-related illnesses receive compensation via an agreement. However certain cases end up going to trial. The trial could last for several years, and a jury must determine the amount of compensation. A judge may decide to accelerate the process in cases where the victim is in very serious condition. 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 seek to recover damages on behalf of the victim and their families. These damages include punitive and compensatory damages. Additionally, they will seek to get compensation for the victim's loss of enjoyment in life and the loss of income.

Most victims and their families prefer to settle rather than go to trial. Settlements are less stressful than trials and allow victims to receive their money faster. A mesothelioma lawyer can prepare their client for a trial, if needed, to maximize the recovery of their client.

The compensation from a mesothelioma lawsuit can help patients pay for their medical bills, lost wages, and other expenses that are associated with the disease. In some cases, it can even cover funeral costs. An attorney can determine the victim's eligibility to receive damages by looking over his or her mesothelioma diagnoses or employment and military records and family history. They can also examine asbestos trust funds to determine the compensation of employers and manufacturers.

An asbestos victim's legal team may also look into applying for benefits through the Department of Veterans Affairs. This will allow veterans access to some of the best mesothelioma doctors around the world, as well as financial support. The VA will not restrict the right of a vet to sue asbestos companies that caused their exposure and mesothelioma.

In most mesothelioma lawsuits, the defendants do not want to see the case progress to an entire trial. They will be scared of the potential verdict amount especially if the case involves punitive damages. The long history of verdicts involving asbestos companies makes it difficult for them deny liability during trial.