How to File an Asbestos Law Lawsuit

If you or a loved one has been diagnosed with an asbestos-related condition, you may be eligible to file an asbestos lawsuit. A mesothelioma lawyer can assist you understand your options and start the process.

In a mesothelioma lawsuit the defendants are asbestos-exposure companies. These companies usually no longer exist however, they could have established trusts to pay victims.

Statute of Limitations

A statute of limitations is a law that defines the maximum time one is required to pursue legal action and make a claim. This time frame can differ based on state and type of case. In the majority of personal injury cases, the statute of limitation starts to run when the injury or accident occurs. However, asbestos-related victims are different in that a lot of them do not realize they have mesothelioma or another serious illness until a long time after exposure to the toxic substance. It's important to contact an attorney as soon after receiving a diagnosis as possible.

A qualified mesothelioma lawyer can assess the details of a victim's situation and ensure that their rights are protected. After the mesothelioma attorney 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 should be aware of their filing dates and filing locations. Even if victims fail to meet an important deadline, a mesothelioma attorney could be able to help them find alternative options for compensation. This could include filing additional lawsuits and submitting claims against the asbestos trust fund.

It is also crucial to keep in mind that a mesothelioma case can go through many stages before reaching a settlement or trial. During the litigation process patients must work with their mesothelioma attorneys to find responsible asbestos companies and products. This process could be a long and lengthy process that can take months or years.

The attorneys then need to gather evidence such as medical records, employment history and 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 decide on the best way to maximize compensation for their client.

Settlement amounts for mesothelioma are often kept secret due to confidentiality agreements. However, occasionally certain numbers are made public. In 2018 the family received $630,000 from multiple defendants for the death of a Redding mechanic who died of asbestos-related lung cancer. This was the second settlement following the payout in 2017. These figures do not represent the typical settlement amount for mesothelioma, but they do show the value of what patients receive.

How to File a Claim

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

Each case is unique and a variety of factors can impact the potential value of any claim. In a no-cost mesothelioma case review, a knowledgeable lawyer will determine how asbestos exposure affected your health and determine the best way to seek compensation on your behalf.

A mesothelioma lawyer may make a claim with the responsible party to receive financial compensation. This could be a multinational corporation, or an insurer who has assumed responsibility from a bankrupt producer of asbestos. The attorney will help you complete the required paperwork and ensure it is timely filed to ensure compliance with the state's laws.

Each state's statute of limitation sets a different deadline within which mesothelioma patients must take legal action. It is important to work with an attorney for mesothelioma as soon as you can because once the statute of limitations expires and you are no longer legally entitled to any compensation for your condition.

The process of submitting a mesothelioma lawsuit can take between two and four years. A multi-disciplinary legal team will help you at every step in the process, from collecting medical records, interviewing witness as well as conducting research and preparing for the trial.

The majority of asbestos cases settle before trial. However, if you are not satisfied with the amount of settlement your lawyer will not hesitate to go to trial on your behalf.

Mesothelioma compensation typically will cover future and past funeral expenses, medical expenses and lost wages, as well as loss of companionship and other expenses related to the disease. Veterans suffering from mesothelioma, as well as other asbestos-related illnesses, must also apply for VA benefits to pay for treatment and medical expenses.

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

Settlements

asbestos case-related victims can be compensated through negotiated settlements or verdicts. Both of them can assist with the expenses associated with treating mesothelioma, as being able to address other issues, such as loss of income or quality of life.

In a settlement negotiated, a manufacturer of asbestos will pay the victim a certain amount of money. Negotiations are conducted between the victim's attorney and the asbestos company that is responsible for the victim's exposure.

A mesothelioma lawyer who is knowledgeable will examine your employment history and asbestos litigation 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 in a way they knew about and failed to warn workers of the dangers until they died from the disease.

Most asbestos cases are now settled through trust funds, as many asbestos manufacturers went bankrupt when they were inundated by lawsuits. Trusts that have more than $30 billion in funds to help mesothelioma patients. The lawyer of the victim can help them determine which trust fund they should submit their claim to.

The mesothelioma settlement average is between $1 million and $2 million. The more money a victim can receive, the more substantial the verdict by the jury. During the trial, mesothelioma attorneys will present evidence, such as medical records and employment histories as well as expert witness testimony and other documentation to support their clients' case.

Even after exposure to asbestos, victims can still get justice through filing mesothelioma claims. They can hold negligent asbestos companies accountable for exposing their loved family members to this deadly disease and offer compensation to cover medical expenses and lost wage.

Mesothelioma can be an extremely painful, life-threatening condition that isn't always cureable. The financial compensation resulting from a mesothelioma-related case can bring closure to victims families, and help ensure that they receive the financial assistance required to live as full as they can.

Because mesothelioma is a serious and fatal, those who suffer must act swiftly. It is essential to find an attorney firm that has an established track record of success in seeking mesothelioma compensation claims. Consult with family members who have been diagnosed with the disease, your doctor or other sources for recommendations on attorneys in your region.

Trials

Many asbestos-related illnesses sufferers receive settlements to compensate them. However certain cases will go to trial. A trial can last for several years and require jurors to decide on the amount of the award. A judge may decide to speed up the process if the victim is in a very serious situation. Trials often result in higher amounts than settlements.

During a mesothelioma lawsuit, attorneys will compile evidence to prove asbestos litigation exposure. They will also identify the manufacturers and companies who are responsible for this exposure. Mesothelioma lawyers will attempt to recover damages for the victim and their family members. These damages include compensatory and punitive damages. In addition, they seek to get compensation for the victim's loss of enjoyment in life and lost income.

The majority of victims and their family members prefer to settle than to go to trial. Settlements are generally less stressful than a trial and let the victim access their compensation much earlier. However, a seasoned mesothelioma attorney will prepare for a trial if necessary to maximize their client's recovery.

Compensation for mesothelioma could assist patients with medical bills, lost income and other expenses that are attributed to the disease. In some instances, compensation can be used to pay for funeral expenses. A lawyer can determine the victim's eligibility to receive damages by examining his or her mesothelioma-related diagnoses, military and employment histories and family histories. They can also review asbestos trust funds to determine compensation from manufacturers and employers.

A legal team representing an asbestos victim may also be able to pursue benefits through the Department of Veterans Affairs. Veterans will have access to the top mesothelioma specialists in the world, and also additional financial assistance. However, seeking benefits from the VA does not restrict the rights of veterans to file an action against asbestos companies responsible for their exposure and mesothelioma.

In most mesothelioma lawsuits, defendants will not want to see a case reach a full-blown trial. They will be scared of the potential verdict especially if the case involves punitive damages. The long record of verdicts in favor of asbestos-related companies makes it hard to prove their liability in trial.