How to File an Asbestos Lawsuit

If you or a loved one has been diagnosed with an asbestos law (click to read)-related illness, you may be eligible to file an asbestos lawsuit. A mesothelioma lawyer will help you understand your options and start the process.

The plaintiffs in a mesothelioma suit are the companies who exposed you to asbestos. These companies are usually have gone out of business however, they could have established trusts to pay victims.

Statute of Limitations

A statute of limitations is a law that defines the time limit for when someone has to take legal action and bring a lawsuit. This limit can vary by state and type of case. In the majority of personal injury cases, the statute of limitations begins to run at the time the injury or accident occurs. However, asbestos-related victims are unique in the sense that many do not realize they have mesothelioma or another serious illness until a long time after exposure to the toxic substance. This is why it's so important to contact a mesothelioma attorney as soon as possible after a diagnosis.

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 submit the appropriate compensation claim. It could be a personal injuries lawsuit, wrongful death suit or asbestos trust fund claim.

asbestos settlement victims must be aware of deadlines and locations where they can file their claims. 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 important to remember that mesothelioma cases can undergo several stages prior to either a settlement or trial. During the litigation process victims must work with their mesothelioma attorneys to determine the responsible asbestos-related companies and products. This process could be a long and lengthy process that can take months or years.

The attorneys then have to gather evidence, which includes medical documents, employment and labor history, and asbestos product identification. Attorneys will also need to calculate damages. This includes future medical expenses, loss of income, emotional distress, and loss companionship. The lawyer will then decide the best way to achieve the maximum amount of compensation for their client.

The exact mesothelioma settlement amounts are often kept private because of confidentiality agreements. However, certain figures do become public from time to time. In 2018 the family received $630,000 from a variety of defendants for the death of an Redding mechanic who died of asbestos-related lung carcinoma. This was the second settlement for the family after a previous payout in 2017. While these figures aren't representative of the mesothelioma payout but they do show the huge benefit that victims can derive from their claims.

How to File a Claim

Mesothelioma, a terminal illness that is complex and requires costly treatment can put families in financial straits. Compensation from an asbestos lawsuit allows patients to pay for life-long medical expenses and provide for their loved family members. It also helps to cover funeral costs and expenses.

However, each case is unique and there are many variables that could influence the value of a claim. When you receive a no-cost review of your mesothelioma case, an expert lawyer will evaluate your asbestos exposure and the best way to pursue compensation for you.

A mesothelioma lawyer may file a claim with the responsible party to receive financial compensation. This could be a multinational corporation, or an insurance company that has taken over responsibility from a bankrupt producer of asbestos. The attorney will help you complete the required documents and ensure that they are completed in time to be in compliance with the laws of your state.

Each state's statutes of limitations provide a distinct timeframe within which mesothelioma victims have to take legal action. It is important to seek out a mesothelioma lawyer as early as you can, because the statute of limitation expires and you will not be able to get compensation for your illness.

The mesothelioma lawsuit process typically takes between two and four years from beginning to the end. A multi-disciplinary legal team will aid you at every step in the process, from gathering medical records, interviewing witness as well as conducting research and preparing for the trial.

The majority of asbestos cases settle before trial. If you are not happy with the amount of settlement, your lawyer will not hesitate in taking your case to trial.

Compensation for mesothelioma usually covers past and future medical expenses, funeral expenses and lost wages, as well as loss of companionship and other losses that are associated with the disease. Veterans suffering from mesothelioma or other asbestos litigation-related illnesses, should 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 lawyers will determine if your mesothelioma lawsuit could be filed against companies who exposed you to asbestos during your military service.

Settlements

Asbestos victims can be compensated through settlements or verdicts negotiated by the victim. Both of these can help offset the expenses associated with treating mesothelioma, as being able to address other issues, such as loss of income and quality of life.

In a settlement negotiated an asbestos producer will compensate a victim with 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 knowledgeable mesothelioma lawyer will go through your job history and asbestos exposure to identify the defendants in your case. The defendants could be any of the companies that produced or sold asbestos-containing products at your workplace site. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until they died from the disease.

The majority of asbestos cases are resolved through trust funds, since asbestos producers have gone bankrupt after being flooded by lawsuits. Trusts that have more than $30 billion in funds to aid mesothelioma patients. The lawyer of the victim can help them determine which trust fund to make a claim with.

The average mesothelioma settlement is between $1 million and $2 million. The more money the victim will receive, the bigger the jury verdict. During the trial mesothelioma lawyers present evidence such as medical records, employment histories as well as expert testimony and other evidence to support their client's case.

Despite exposure to asbestos, those affected are able to seek justice by filing a mesothelioma lawsuit. They can make negligent asbestos companies accountable for exposing their loved ones to this disease that is preventable and pay compensation to cover medical expenses and lost wages.

Mesothelioma is an incredibly painful, life-threatening illness that is not always cureable. The financial compensation resulting from a mesothelioma-related case can bring closure to victims' families, and ensure that they receive the financial aid required to live as full as they can.

Because mesothelioma is a serious and fatal, those who suffer must act quickly. Locating a law firm that has proven success in pursuing mesothelioma cases is crucial. Check with relatives who have been diagnosed with the disease, your doctor or other sources for recommendations on attorneys in your region.

Trials

Many asbestos-related disease victims receive settlements to compensate them. Some cases do end up in court. A trial can last several years, and a jury must decide the amount of compensation. A judge can decide to accelerate the process if the victim is in a very serious condition. Trials often result in higher awards than settlements.

Attorneys will gather evidence to prove asbestos exposure in a mesothelioma case. They will also identify companies and manufactures that are responsible for asbestos exposure. Mesothelioma lawyers will seek to recover damages for both the victim and their families. These damages include compensatory and punitive damages. They also seek compensation for the victim’s lost income and enjoyment of life.

The majority of victims and their families prefer to settle their claims rather than going to trial. Settlements are less stressful than trials and enable victims to receive their money faster. A mesothelioma lawyer will prepare their client for trial, if necessary, to maximize the compensation of their client.

Compensation from a mesothelioma case can assist victims in paying their medical bills, lost wages, and other expenses that are attributed to the disease. In some cases, compensation may cover funeral expenses. A lawyer can determine a victim's eligibility for compensation by looking over their mesothelioma diagnosis, their work and military history as well as their family history. They can also look into asbestos trust funds to see if manufacturers or employers have compensated victims.

A legal team representing an asbestos victim may also consider pursuing benefits through the Department of Veterans Affairs. Veterans will have access to the best mesothelioma specialists around the world, as well as additional financial assistance. However, seeking benefits from the VA doesn't limit a veterans right to file an action against the asbestos-related companies responsible for their exposure and mesothelioma.

In most mesothelioma lawsuits, the defendants would prefer not to see their case go through an entire trial. They are scared of the potential verdict particularly if the trial includes punitive damages. The long history of verdicts against asbestos companies makes it difficult to deny liability during trial.