How to File an Asbestos Lawsuit

You may be able file a lawsuit if you or someone you know has been diagnosed with a condition related to asbestos. An experienced mesothelioma lawyer can help you understand your options and assist you to start the process.

In a mesothelioma-related case, the defendants are the asbestos exposure companies. These companies may be gone, but they may have established trusts that compensate victims.

Statute of limitations

A statute of limitations is a law that sets the maximum period of time for someone to bring a lawsuit or to take legal action. The time limit is different for each state and type of case. For most personal injury cases the statute of limitation clock begins to tick at the moment of the incident or injury. However, asbestos victims are different in that a lot of them don't realize they suffer from a serious illness like mesothelioma until a long time after exposure to the toxic substance. It's important to contact an attorney as soon after receiving a diagnosis as is possible.

A qualified mesothelioma lawyer can determine all specifics of a victim's situation and make sure their legal rights are protected. Once the mesothelioma lawyer is certain they have a valid case they can file a claim for compensation. It could be a personal injury lawsuit, wrongful deaths suit, or asbestos trust fund claim.

Asbestos victims should be aware of their filing locations and deadlines. Even if victims fail to meet a deadline a mesothelioma attorney may be able help them find alternative options for compensation. This includes filing additional lawsuits and submitting claims against the asbestos trust fund.

It is also crucial to remember that mesothelioma lawsuits can go through a variety of stages before settling or trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must determine asbestos lawyer-related companies and products that are accountable. It could take months or even years to complete.

The attorneys then have to gather evidence, which includes medical records, employment and labor history, and asbestos product identification. The attorneys also need to calculate damages, which could include future medical expenses as well as lost income, emotional distress and loss of companionship. The attorney will then determine the best way to achieve the most compensation for their client.

Settlement amounts for mesothelioma are often kept secret due to confidentiality agreements. However, some figures do get public from time to time. In 2018 the family received a settlement of $630,000 from multiple defendants for the death of a Redding mechanic from asbestos-related lung cancer. This was the second settlement following the payout in 2017. These figures aren't the amount of settlement that is typical for mesothelioma. However, they do illustrate the value that patients receive.

Filing a Claim

Mesothelioma is a debilitating disease that is complicated and requires costly treatment, can put families in financial trouble. The compensation from an asbestos lawsuit could be used to pay medical bills that extend life and support loved relatives. It also helps to cover funeral costs and expenses.

Each case is unique and a variety of factors can impact the value of a claim. In a free evaluation of your mesothelioma case, an experienced lawyer will assess your asbestos exposure and the best way to pursue compensation for you.

A mesothelioma lawyer can make a claim with the responsible party for financial compensation. This could be a multinational corporation, or an insurance company that has taken over responsibility from a bankrupt manufacturer of asbestos. The attorney will help you complete the required documents and ensure that they are completed in time to be in compliance with the laws of your state.

Each state's statutes of limitations define a specific timeframe within which mesothelioma sufferers have to take legal actions. It is essential to speak with an attorney for mesothelioma as soon as possible because once the statute of limitations passes and you are no longer able to recover any compensation for your illness.

The mesothelioma lawsuit process typically takes between two and four years from beginning to end. A multi-disciplined legal team will assist you in every step of the process, including collecting medical records, interviewing witnesses as well as conducting research and preparing for trial.

Most asbestos cases settle before trial. However, if you are not satisfied with the amount you have received your lawyer will not be afraid to go to trial on your behalf.

Mesothelioma compensation typically will cover future and past medical expenses, funeral costs and lost wages, as well as loss of companionship and other losses related to the disease. In addition, veterans who are diagnosed with mesothelioma, or any other asbestos-related illness should apply for benefits through the VA to help pay for their treatment and medical expenses.

Contact a national law firm that specializes in mesothelioma law for free consultation. A team of mesothelioma experts will determine if you're eligible to file a mesothelioma claim against the companies that exposed you to asbestos while working in the military.

Settlements

Asbestos victims may receive compensation through negotiated settlements or verdicts. Both can help with the expenses of treating mesothelioma, as in addressing other issues such as loss of income and quality of life.

In a settlement negotiated in a settlement, an asbestos manufacturer will pay a victim a certain amount. This is reached through discussions between the victim's lawyer and the asbestos manufacturer responsible for their exposure.

A mesothelioma lawyer with experience will review your work 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 at 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 due to the flood of lawsuits, the majority of asbestos cases are settled through trust funds. Trusts have more than $30 billion in funds to aid mesothelioma sufferers. The mesothelioma lawyer for the victim can help them determine which trust fund to file their claim with.

The mesothelioma average settlement ranges from $1 million to $2 million. The more money a victim can receive, the bigger the verdict of the jury. During the trial, mesothelioma attorneys will provide evidence, such as medical records and employment history, expert witness testimony, and other documents, to prove their clients' case.

Despite exposure to asbestos, those affected can still get justice through filing mesothelioma lawsuits. They can make negligent asbestos companies accountable for exposing their loved ones to this disease that is preventable and provide them with compensation to cover medical expenses and lost wages.

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

The severity and fatality of mesothelioma requires victims to act quickly. It is important to find a law firm with experience of successfully seeking mesothelioma compensation claims. 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 sufferers of asbestos-related illnesses are awarded compensation through an agreement. Some cases do end up in the courtroom. The trial could last for several years and the jury has to determine the amount of compensation. If the victim is extremely sick, a judge might decide to accelerate the process. Trials often result in higher payouts than settlements.

In a mesothelioma case, attorneys will compile evidence to prove asbestos exposure. They will also determine the companies and manufactures that are responsible for the asbestos exposure. Mesothelioma lawyers will attempt to recover damages on behalf of the victim and their family members. These damages can include compensatory and punitive damages. They will also seek compensation for the victim’s lost income and enjoyment of life.

The majority of victims and their families prefer to settle rather than going to trial. Settlements are usually less stressful than trials and may enable the victim to receive their compensation much sooner. However, a seasoned mesothelioma lawyer will plan for a trial if necessary to maximize their client's recovery.

Compensation for mesothelioma can assist patients with medical bills, lost income and other expenses that are attributed to the disease. In certain cases, it can even pay for funeral expenses. An attorney can determine the victim's eligibility to be compensated by looking over his or her mesothelioma-related diagnoses as well as employment and military histories and family history. They can also look into asbestos trust funds to determine whether employers or manufacturers have paid compensation.

An asbestos victim's legal team will also consider seeking benefits from the Department of Veterans Affairs. This can give veterans access to the best mesothelioma doctors around the world, as well as financial assistance. However, seeking benefits from the VA does not restrict the right of a veteran to file an action against the asbestos 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 afraid of the possible verdict amount, particularly if a case involves punitive damages. The long history of verdicts against asbestos-related companies makes it difficult to deny liability during trial.