How Long Does an Asbestos Claim Take?

The time required to settle an asbestos lawyers claim or give compensation can differ. The process typically takes a period of 18 months.

The victims or their loved ones must begin the process by hiring an experienced asbestos attorney. The lawyer will be able to determine the amount of compensation a victim is eligible for.

Statute of limitations

A statute of limitations sets the maximum time frame for legal claims. It is crucial that asbestos victims or their families file a claim prior to the statute of limitations expiring. If you don't complete this step, it could affect the amount of compensation you are entitled to. A mesothelioma attorney can help determine whether the statute of limitation is appropriate for your particular case. Statutes vary according to state and the type of claim, such as personal injury or the death of a loved one.

Mesothelioma and other asbestos-related diseases have a long latency period which means that patients may not notice symptoms or even know they have a condition until decades after exposure. This is why the statute of limitations clock doesn't necessarily begin when an individual experiences their first symptoms. Instead, the clock may begin when a physician could have reasonably known that asbestos exposure was the primary factor to be blamed for the illness.

Certain states also allow the statute of limitations to be extended. This stops the clock but only for a short period of time. This is typically the case where the eligible claimant is a minor or lacks legal capacity. A judge or other person may also stop the clock in cases where there was a fraudulent concealment by the defendant.

An experienced mesothelioma attorney will study the different aspects that affect the time limit for a specific asbestos claim and include the nature of case, location of the employer or exposure and the amount of diseases diagnosed. Depending on their circumstances, victims may be eligible to extend their time limit, or seek out alternative compensation options including veterans' benefits, workers compensation, or trust funds.

People who are exposed to asbestos should consult a mesothelioma lawyer as soon as possible to discuss their situation. The best mesothelioma lawyers are prepared to travel to meet with clients and their families, and operate on a contingency basis. To start, fill out an assessment of your case now for free. It takes only about a minute and our attorneys will contact you shortly thereafter to discuss your possible claim.

Filing a Claim

Many people who are affected by asbestos have questions about what it is that it takes to file a mesothelioma lawsuit. It can take some time, but experienced lawyers are ready to speed up the process. They have connections to mesothelioma specialists, and they are able to gather evidence and identify liable defendants.

A qualified mesothelioma attorney will review your medical background, employment history and asbestos-related papers to determine your eligibility for compensation. They can also help you determine the best avenues for recovery, such as bankruptcy trusts, Department of Veterans Affairs and asbestos insurance companies.

A lawyer will also help you interview witnesses and gather evidence to build a convincing case. They will determine the time it took for you to become sick after exposure to asbestos. They will also collect any additional evidence, like the results of a biopsy to confirm the diagnosis of mesothelioma.

The initial consultation with a lawyer is completely free. Once they have gathered all the relevant information and documents, your lawyer will then begin to file a complaint in civil court or through an asbestos trust. In some instances the complaint could include a request for compensation damages, such as an amount of money for suffering and pain or medical expenses. You or a loved one could also be eligible for punitive damages in addition to compensatory damages.

While in other areas of personal injury law, the statute of limitations "clock" starts when an accident occurs, it does not apply to asbestos cases. You must act fast due to the long latency period of mesothelioma asbestos-related illnesses, as well as other asbestos-related diseases.

When your lawyer submits an action, the responsible party or asbestos trust will be given the opportunity to respond. In some cases they will resolve the matter without having to go to court. If the parties are unable to come to an agreement, a mesothelioma case will be commenced. The time for litigation can be several years. It is essential to consult an experienced attorney early and act quickly.

Negotiating a Settlement

While the timeframe of an asbestos claim can vary from case to case, there are key factors that can help victims and their families know the length of time they'll need to seek compensation. Asbestos victims must file claims before the statute of limitations expires. They should also consult an attorney to ensure the claim is solid.

Asbestos lawyers are skilled in dealing with litigation, and can help clients receive the compensation they are entitled to. They can assist victims to build an argument that is strong enough to hold asbestos companies that are negligent accountable for their negligence. This could include identifying the kinds and locations of asbestos exposure and gathering evidence of the financial losses caused by their exposure.

Mesothelioma lawyers are also well-versed of the effect mesothelioma and other asbestos illnesses can have on a victim's quality of life. They will be able to account for this in an appeal for damages and will help victims negotiate fair settlement offers.

In the discovery stage lawyers for mesothelioma share information with asbestos companies' lawyers after the lawsuit has been filed. This could take a few months. When both parties have this information, it is common for them to try and reach an agreement outside of court which will lead to an asbestos settlement. The majority of mesothelioma cases settle because the businesses do not want to go to trial and shell out huge amounts of money.

The attorney for the victim will look over the settlement offer from an organization and may suggest a different one. If the victim accepts a company's settlement offer, they must sign and notarize a statement of consent before pursuing further compensation. They can also refuse or counter the offer, and continue to pursue compensation using other methods such as taking the company to trial.

Asbestos victims may be able to get compensation through an asbestos trust fund, rather than by filing a lawsuit. These funds are established by asbestos producers to pay claims quickly without the necessity of lengthy trials. However, asbestos trusts may be unable to pay and are not accessible to all victims.

Trial

If you're a mesothelioma patient or the spouse who survived victims the legal process to receive compensation can be long. You must prove that you suffered injuries resulting from asbestos exposure caused by negligence and the defendants must admit they are liable for the harm that you sustained. You also may qualify for compensatory damages designed to pay for the monetary value of your suffering, including medical expenses loss of income, emotional stress. You can also seek punitive damage to punish the company for their wrongful actions and prevent others from doing the same thing.

It's important to know the place you worked and what asbestos-containing products you used. Many sufferers of mesothelioma or other asbestos-related diseases are exposed to multiple types of asbestos. It could take a long time before symptoms begin to manifest and you're diagnosed with an asbestos-related illness. This period of latency is a major factor in asbestos statutes of limitations that limit the time you are required to file an asbestos lawsuit.

Most asbestos claims are resolved through settlements with asbestos companies. Your lawyer can negotiate settlement terms that include a lump sum payment as well as ongoing reimbursement for medical expenses in the future.

An important part of your case is the discovery phase, during which you and the defendants share information regarding the case. This process can be time consuming and is an essential part of the preparation for trial.

Once the case is set for trial, a jury and/or judge will hear your testimony and determine how much you're entitled to in your lawsuit. The amount of compensation you'll receive is unpredictable, although your lawyers can present a strong argument on your behalf.

In rare cases, asbestos lawsuits may be tried. This could prolong the duration of your lawsuit and you could not receive more money than the case if you settled. Your lawyer will inform you the pros and cons of a trial and help make a decision to suit your specific situation. Asbestos victims have received millions of dollars in verdict awards. However, this does not guarantee that you will get the same amount.