How to File an Asbestos Lawsuit

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

In a mesothelioma-related case the defendants are 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 sets the maximum time one must legally take legal action and bring a lawsuit. This time frame can differ based on state and case type. For most personal injury cases, the statute of limitations clock starts ticking at the time of the incident or injury. Asbestos sufferers are unique in that they might not be aware of a serious illness such as mesothelioma for a long time after exposure. It is essential to contact an attorney as soon following a diagnosis as soon as you can.

A mesothelioma lawyer can assist victims understand the specifics of their case and ensure that their rights are protected. Once the mesothelioma lawyer is certain they have a valid case and is confident that they have a strong case, they can file the proper claim for compensation. It could be a personal injury lawsuit, wrongful deaths suit, or asbestos trust fund claim.

Asbestos victims need to be aware of deadlines and the locations where they can file their claims. Even if they miss a deadline, a mesothelioma lawyer might be able to assist them explore other avenues of compensation. This includes filing additional lawsuits and making claims against the asbestos trust fund.

It is important to remember that mesothelioma cases may go through several stages before the settlement or trial. In the course of litigation, the victims and their mesothelioma attorneys must determine asbestos-related companies and products responsible. This could take months or even years to complete.

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

Confidentiality agreements usually prevent the exact amount of mesothelioma compensation from being disclosed. However, some figures appear on the public at times in time. For example, in 2018 the family of a Redding mechanic who passed away from asbestos-related lung cancer received an amount of $630,000 from several defendants. This was the second settlement for the family after a previous settlement in 2017. While these figures aren't representative of the average mesothelioma settlement amount, they illustrate the significant value that victims can receive from their claims.

How to File a Claim

Mesothelioma is a complicated, terminal illness that requires expensive treatment and can put families under financial stress. The compensation from asbestos lawsuits allows patients to pay for life-extending medical bills and support their loved family members. It also helps cover funeral costs and other expenses.

Every case is unique and a variety of factors can impact the potential value of a claim. During a free mesothelioma case review, an experienced lawyer will evaluate the impact asbestos exposure had on your health and will determine the best way to pursue compensation on your behalf.

A mesothelioma lawyer may submit a claim to the responsible party to receive financial compensation. This could be a multinational corporation, or an insurance company that has taken over the responsibility of a bankrupt manufacturer of asbestos. The lawyer will assist you to complete the required paperwork and ensure it is timely filed to ensure compliance with state laws.

The statutes of limitation in each state set a different timeline within which mesothelioma sufferers have to take legal action. It is important to consult with a mesothelioma attorney as early as you can, because the time limit will expire and you will not be able to get compensation for your condition.

The process of submitting a mesothelioma lawsuit can take between two and four year. A multi-disciplined team of lawyers will help you through every step of the way, including collecting and analyzing medical records and interviews with witnesses conducting research, and preparing for trial.

The majority of asbestos cases settle for an agreement before going to trial. If you aren't satisfied with the amount of settlement, your lawyer will not hesitate in taking your case to trial.

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

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

Settlements

Asbestos-related victims can be compensated through settlements or verdicts that are negotiated. Both can assist in covering the costs of treating mesothelioma as well as other issues such as loss of income or quality of life.

In a negotiated settlement, an asbestos manufacturer agrees to pay a victim the amount they have agreed to. This is reached through negotiations between the lawyer of the victim and the asbestos company responsible for their exposure.

A mesothelioma lawyer will look at your work history and asbestos exposure to determine who the defendants in your case are. One or more companies could be the defendants when they manufactured or sold asbestos-containing products on your site. These companies exposed workers to asbestos in a way they knew about and failed to warn workers of the dangers until workers died from the disease.

The majority of asbestos cases are settled through trust funds, since asbestos producers have gone bankrupt after being hit by lawsuits. Trusts have more than $30 billion in funds to aid mesothelioma sufferers. A mesothelioma lawyer can assist them in determining which trust fund to file their claim with.

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 phase mesothelioma lawyers are required to present evidence like medical records, employment histories, expert testimony and other evidence to support their client's case.

A mesothelioma suit is a legal action filed by those who have been exposed to asbestos. They can hold negligent asbestos companies accountable for the exposure of their loved ones to this preventable illness and pay compensation to cover medical expenses and lost earnings.

Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. The compensation from a mesothelioma lawsuit can bring closure to victims families and ensure that they receive the financial assistance required to live their lives as fully as they can.

The seriousness and death of mesothelioma requires victims to take action promptly. Finding a law firm which has a successful track record in pursuing mesothelioma-related cases is essential. Ask family members, your doctor, or other sources to recommend attorneys in your region.

Trials

Many asbestos-related illnesses sufferers receive settlements to compensate them. Some cases do end in the courtroom. A trial can last for several years and requires a jury to decide the award amount. A judge can decide to speed up the process if the victim is in extremely serious condition. Trials are usually more expensive than settlements.

In a mesothelioma case, attorneys will compile evidence to prove exposure to asbestos. They will also identify companies and manufacturers that are responsible for the asbestos exposure. Mesothelioma lawyers will try to recover damages on behalf of the victim and their family. These damages can include punitive and compensatory damages. In addition, they seek to recover compensation for the victim's loss of enjoyment from life and the loss of income.

The majority of victims and their families prefer to settle rather than go to trial. Settlements tend to be less stressful than trials and enable the victim to receive their compensation much sooner. However, an experienced mesothelioma attorney will prepare for a trial if necessary to maximize the amount of compensation their client receives.

Compensation for mesothelioma may aid victims in paying their medical bills, lost income and other expenses that are attributed to the disease. In some cases, it can even cover funeral costs. A lawyer can determine whether a victim is eligible for damages by reviewing their mesothelioma diagnosis, work and military history and their family history. They can also check asbestos trust funds to determine whether employers or manufacturers have paid compensation.

A legal team representing an asbestos victim will also look into pursuing benefits through the Department of Veterans Affairs. This could give veterans access to the best mesothelioma physicians around the world, as well as financial assistance. However, seeking benefits from the VA doesn't limit the right of a veteran to bring an action against asbestos companies that are responsible for their exposure and mesothelioma.

In most mesothelioma cases defendants do not want a full-blown court trial. They are scared of the possible verdict amount, especially if a trial is involving punitive damages. In addition, the lengthy history of asbestos companies being convicted will make it difficult for them to deny liability at trial.