How to File an Asbestos Lawsuit

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

In a mesothelioma-related case, the defendants are the asbestos exposure companies. These companies may not exist anymore, but they could have established trusts to compensate victims.

Statute of Limitations

A statute of limitations is a law that defines the maximum amount of time someone is required to pursue legal action and bring a lawsuit. This limit can vary by state and type of case. In most personal injury cases the statute of limitation clock begins to tick when the accident or injury occurs. However, asbestos victims are unique in that many don't know they have a serious illness like mesothelioma until years after their exposure to the toxic substance. It's important to contact an attorney as soon after a diagnosis as possible.

A mesothelioma lawyer who is experienced will be able to determine the specifics of a victim's situation and ensure that their legal rights are protected. When the lawyer is sure that they have a solid case they will file the appropriate compensation claim. It could be a personal injury lawsuit, wrongful deaths suit, or asbestos trust fund claim.

Asbestos victims should be aware of their filing dates and filing locations. Even if they miss an important deadline, a mesothelioma attorney may be able help them find alternative options for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.

It is crucial to keep in mind that mesothelioma cases can go through several stages before a settlement or a trial. In the course of litigation, the plaintiffs and their mesothelioma lawyers must identify asbestos-related companies and products responsible. The process can take months or even years.

The attorneys then need to gather evidence such as medical records, employment history and product identification. The attorneys also need to determine damages, which can include future medical expenses and lost income, as well as emotional distress, and loss of companionship. The lawyer will then decide the best method to get the most compensation for their client.

Confidentiality agreements usually prevent the exact amount of mesothelioma-related compensation from being disclosed. Occasionally, however certain amounts are made public. For instance, in 2018 the family of a Redding mechanic who passed away from lung cancer caused by asbestos received a $630,000 settlement with multiple defendants. This was the second settlement following a payout in 2017. While these figures aren't representative of the average mesothelioma settlement amount, they illustrate the significant benefit that victims can derive from their claims.

Making a Claim

Mesothelioma is a debilitating disease that is complicated and requires costly treatment, can put families in financial trouble. Compensation from an asbestos lawsuit allows patients to pay for life-long medical bills and support their loved ones. It also helps cover funeral costs and other expenses.

Each case is unique and there are numerous factors that may influence the value of a claim. During a free review of your mesothelioma case an experienced lawyer will assess your asbestos exposure and the most effective method of pursuing compensation for you.

A mesothelioma attorney will file an action for financial compensation with the responsible party, which may include a multi-national company or an insurance company that has taken on liability from a bankrupt asbestos manufacturer. The attorney will help you complete the required documents and ensure that they are completed in time to be in compliance with the state's laws.

Each state's statutes of limitations set a different timeline within which mesothelioma victims must pursue legal action. It is essential to speak with an attorney for mesothelioma as soon as possible because once the statute of limitations passes the victim will not be able to recover 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 aid you through every step, including collecting medical records, interviewing witness as well as conducting research and preparing for the trial.

Most asbestos cases reach an agreement prior to going to trial. If you aren't satisfied with the amount of settlement, your lawyer will not hesitate to take your case to trial.

Mesothelioma compensation typically covers future and past funeral expenses, medical expenses and lost wages, as well as loss of companionship and other costs associated with the disease. In addition, veterans who are diagnosed with mesothelioma, or any other asbestos lawyer-related illness 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 lawyers will determine if you are eligible to file a mesothelioma claim against companies that exposed you to asbestos while serving in the military.

Settlements

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

In a negotiated settlement an asbestos producer agrees to compensate the victim with an amount that is negotiated. This is reached through discussions between the victim's lawyer and the asbestos company accountable for their exposure.

A mesothelioma lawyer will look at your work history and asbestos exposure to determine who the defendants are in your case. The defendants could be a number of companies that sold or made asbestos-containing products on your work site. These companies exposed workers to asbestos case knowingly and did not warn of the dangers until workers died from the disease.

Since a lot of asbestos producers went under after being flooded with lawsuits, most asbestos cases now settle through trust funds. These trusts hold over $30 billion to help mesothelioma sufferers. Lawyers for the victim can assist them in determining which trust fund they should submit their claim to.

The mesothelioma average settlement is between $1 and $2 million. The more money the victim will receive, the more substantial the verdict of the jury. In the trial phase mesothelioma lawyers are required to present evidence such as medical records, employment history, expert testimony and other evidence to support their client's case.

A mesothelioma lawsuit can be filed by victims who have been exposed to asbestos. They are able to hold negligent asbestos companies accountable for exposing loved relatives to this ailment and offer compensation to cover medical expenses and lost wage.

Mesothelioma can be an extremely painful, life-threatening condition that isn't always curable. Compensation from a mesothelioma case can bring closure to victims families and ensure that they receive the financial aid required to live as full as they can.

The seriousness and death of mesothelioma require patients to take action quickly. It is essential to find an attorney firm that has an established track record of success in pursuing mesothelioma claims. Consult with family members who have been diagnosed with the disease, your physician or other sources for recommendations of attorneys in your area.

Trials

Many asbestos compensation-related illness victims receive settlements to compensate them. Some cases do end in the courtroom. A trial can take several years and require jurors to decide on the award amount. A judge may decide to speed up the process if the victim is in a very serious situation. Trials usually result in higher amounts than settlements.

Attorneys will gather evidence to prove asbestos exposure in mesothelioma cases. They will also identify the companies and manufacturers responsible for the asbestos exposure. Mesothelioma lawyers will attempt to recover damages for both the victim and their family members. These damages include punitive as well as compensatory damages. In addition, they will seek to recover compensation for the victim's loss of enjoyment in life and income loss.

Most victims and their family members prefer to settle rather than go to trial. Settlements are less stressful than trials and permit 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 assist victims in paying their medical bills, lost wages, and other expenses that are attributed to the disease. In some cases, compensation can cover funeral expenses. An attorney can determine the victim's entitlement to damages by reviewing his or her mesothelioma-related diagnoses, military and employment histories and family histories. They can also check asbestos trust funds to determine if manufacturers or employers have compensated victims.

An asbestos victim's legal team will also consider seeking benefits from the Department of Veterans Affairs. Veterans can gain access to the top mesothelioma experts in the world, as well as additional financial aid. The VA will not restrict the right of a veteran to sue asbestos-related companies which caused their exposure, and mesothelioma.

In the majority of mesothelioma lawsuits defendants will not want to see a case reach a full-blown trial. They are scared of the possible verdict amount particularly if the trial is involving punitive damages. In addition, the lengthy history of asbestos companies being convicted will make it difficult to prove their liability at trial.