How to File an Asbestos Lawsuit

If you or someone close to you has been diagnosed with an asbestos-related condition you might be able to bring an asbestos lawsuit. A qualified mesothelioma attorney can help you understand the options available to you and help begin the process.

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

Statute of Limitations

A statute of limitations is a law that sets the maximum period of time for a person to bring a lawsuit or to take legal action. This time frame can differ based on the state and the type of case. In the majority of personal injury cases, the statute of limitation starts to run at the time the accident or injury occurs. However, asbestos victims are unique in the sense that many don't know they have a serious illness like mesothelioma until years after their exposure to the deadly substance. This is why it's so important to contact a mesothelioma attorney immediately following a diagnosis.

A qualified mesothelioma attorney can assess the details of a patient's case and make sure their legal rights are secured. After the mesothelioma attorney is convinced they have a solid case, they can file a claim for compensation. This could be an injury lawsuit for personal injuries or wrongful death lawsuit, or an asbestos trust fund claim.

Asbestos sufferers should be aware of their filing dates and filing locations. Even if victims fail to meet a deadline a mesothelioma attorney may be able help them explore alternative avenues of compensation. This includes filing additional lawsuits or claims against the asbestos trust fund.

It is also important to remember that a mesothelioma lawsuit can go through many stages before reaching a settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos companies and products that are responsible. This could take months or even years to complete.

The attorneys should collect evidence, such as medical records, employment and labor history as well as asbestos product identification. The attorneys will also need to calculate damages. This includes future medical expenses as well as loss of income, emotional distress, and loss of companionship. The attorney will then determine the best method to get the maximum amount of compensation for their client.

Confidentiality agreements often keep the exact amount of mesothelioma compensation from being disclosed. Occasionally, however certain amounts are made public. For example, in 2018, the family of a Redding mechanic who died from lung cancer caused by asbestos received a $630,000 settlement with several defendants. This was the family's second settlement following the payout in 2017. While these figures aren't indicative of the overall mesothelioma average, they illustrate the significant value that victims can receive from their claims.

How to File a Claim

Mesothelioma is a debilitating disease that is complicated and requires expensive treatment, can cause families to be in financial trouble. Compensation from asbestos lawsuits allows patients to pay for life-extending medical expenses and provide for their loved family members. It also helps to cover funeral costs and expenses.

Each case is different and a variety of factors can impact the value of an claim. During a free review of your mesothelioma lawsuit an expert lawyer will evaluate your asbestos exposure and the best method of pursuing compensation for you.

A mesothelioma lawyer will submit an action for financial compensation with the responsible party, which may include a multi-national firm or an insurance company who has assumed the responsibility from a bankruptcy asbestos manufacturer. The lawyer will assist you in filling out the paperwork and ensure that it is filed before the deadline set by the law of the state.

The statute of limitations for each state has a specific date by which mesothelioma sufferers must file legal actions. It is important to consult a mesothelioma attorney as soon as you can, since the statute of limitations will run out and you'll be unable to claim 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 assist you throughout the way, including collecting and analyzing medical records as well as interviewing witnesses conducting research, and getting ready for trial.

Most asbestos cases are settled with a settlement before going to trial. However, if you are not satisfied with the settlement amount your lawyer will not hesitate to take the case to trial on behalf of you.

Mesothelioma compensation typically covers future and past funeral expenses, medical expenses, lost wages, loss of companionship and other costs associated with the disease. In addition those who have been diagnosed with mesothelioma or another asbestos-related disease should apply for benefits through the VA to pay for their treatment and care.

If you are a veteran diagnosed with mesothelioma, call a national mesothelioma law firm for a free legal consultation. A team of mesothelioma attorneys will determine if your mesothelioma claim could be filed against companies who exposed you to asbestos during your military service.

Settlements

Asbestos victims can receive compensation through negotiated settlements or verdicts. Both of these can help pay for the cost of treating mesothelioma, and also address other issues, such as loss of income or the quality of life.

In a settlement that is negotiated, an asbestos manufacturer agrees to compensate a victim with a negotiated amount of money. Negotiations are carried out between the attorney of the victim and the asbestos company that is responsible for the victim's exposure.

A knowledgeable mesothelioma lawyer will review your work history and asbestos product exposure to determine the defendants in your case. The defendants could be a number of companies that manufactured or sold asbestos-containing products on your work site. These companies exposed workers to asbestos knowingly and failed to warn workers of the dangers until they died from the disease.

Most asbestos cases are now resolved through trust funds, since many asbestos producers went bankrupt when they were inundated by lawsuits. Trusts are able to hold more than $30 billion in funds to aid mesothelioma patients. The victim's mesothelioma attorney can assist them in determining which trust fund to file their claim with.

The average settlement for mesothelioma lawsuits is between $1 million and $2 million. However, the higher a jury verdict, the more a victim can expect to receive. During the trial, mesothelioma lawyers will present evidence, such as medical records and employment history, expert witness testimony, and other documentation to prove their clients claim.

A mesothelioma suit can be filed by victims who have been exposed to asbestos. They are able to hold negligent asbestos companies accountable for exposing their loved ones to this avoidable illness and offer compensation to cover the cost of medical treatment and lost wages.

Mesothelioma is a painful, life-threatening condition that is not always cureable. Compensation from a mesothelioma lawsuit that is successful can bring closure to the families of the victims and ensure they get the financial help they require to live their lives as fully as possible.

Because mesothelioma is a serious and fatal, those who suffer must act quickly. Finding a law firm that has a track record of success in the pursuit of mesothelioma cases is crucial. Consult with relatives who have been diagnosed with the disease, your physician or other sources for recommendations of lawyers in your area.

Trials

Many asbestos-related illness victims receive compensation through settlements. However certain cases are eventually taken to trial. The trial could last for several years and the jury has to decide on the amount of compensation. If the victim is extremely sick, a judge could decide to accelerate the process. Trials often result in higher payouts than settlements.

In a mesothelioma lawsuits suit attorneys gather evidence to prove exposure to asbestos. They will also identify the manufacturers and companies who are responsible for this exposure. Mesothelioma lawyers will seek damages for the victim and their family members. These damages include punitive as well as compensatory damages. They will also seek to recover compensation for the victim’s lost income and enjoyment of life.

Most victims and their family members prefer to settle their claims rather than go to trial. Settlements tend to be less stressful than a trial and can allow the victim to access their compensation much earlier. However, an experienced mesothelioma attorney will prepare for a trial if required to maximize their client's recovery.

Compensation from a mesothelioma case can assist victims in paying their medical bills, lost wages and other expenses that are associated with the disease. In certain instances, compensation can be used to pay for funeral expenses. A lawyer can determine the victim's entitlement to damages by examining his or her mesothelioma-related diagnoses as well as employment and military histories, and family history. They can also look over asbestos trust funds for compensation from employers and manufacturers.

An asbestos victim's legal team may also look into applying for benefits through the Department of Veterans Affairs. This could give veterans access to the best mesothelioma doctors in the world and additional financial support. The VA will not limit the right of a veteran to sue asbestos companies which caused their exposure, and mesothelioma.

In most mesothelioma lawsuits, the defendants do not want to see the case progress to a full-blown trial. They are scared of the potential verdict, especially if a trial is involving punitive damages. In addition, the long history of verdicts against asbestos companies will make it difficult for them to deny liability at trial.