How to File an Asbestos Lawsuit

You may be able to bring a lawsuit in the event that you or someone you know has been diagnosed with a condition related to asbestos. A qualified mesothelioma attorney can help you understand the options available to you and help start the process.

The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies could no longer exist but may have established trusts to compensate the victims.

Statute of Limitations

A statute of limitation is a law that defines the maximum amount of time allowed for a person to bring a lawsuit or to take legal action. This time frame can differ based on state and case type. In most personal injury cases the statute of limitation begins to run at the time the accident or injury occurs. However, asbestos-related victims are different in that a lot of them do not realize they have mesothelioma, a serious disease, until years after exposure to the deadly substance. It's important to contact an attorney as soon after a diagnosis as soon as you can.

A mesothelioma attorney can help victims understand the specifics of their case and ensure that their rights are protected. When the lawyer is sure that they have a solid case, they will file the appropriate compensation claim. This could be a personal injury lawsuit, wrongful death suit, or asbestos trust fund claim.

Asbestos victims must be aware of deadlines and locations where they can file claims. Even if they miss an important deadline, a mesothelioma attorney might be able to assist them find alternative options for compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.

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

The attorneys then have to gather evidence, which includes medical records, 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 of companionship. The lawyer will then determine the best strategy for achieving the maximum amount of compensation for their client.

Settlement amounts for mesothelioma are often kept private because of confidentiality agreements. However, some figures become public from time to time. In 2018 the family received a settlement of $630,000 from several defendants in connection with the death of an Redding mechanic due to asbestos-related lung cancer. This was the second settlement after the payout in 2017. While these numbers don't represent the total mesothelioma average however, they show the substantial benefit that victims can derive from their claims.

How to File a Claim

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

However, every case is unique, and there are many variables that could affect a claim's potential value. In a free evaluation of your mesothelioma case an expert lawyer will evaluate your asbestos exposure and the best method to pursue compensation for you.

A mesothelioma lawyer can make a claim for financial compensation with the responsible party, which may include a multi-national company or an insurance company that has taken on the responsibility from a bankruptcy asbestos manufacturer. The attorney will assist in filling out the paperwork and making sure it is filed before the deadline in order to be in compliance with state law.

Each state's statute of limitations has a specific date by which mesothelioma sufferers have to take legal action. It is important to work with a mesothelioma lawyer as soon as you can, because if the statute of limitations passes, you will not be able to recover any compensation for your condition.

The mesothelioma lawsuit filing process typically takes between two and four years from start to finish. A multi-disciplined team of lawyers will be there to assist you throughout the way, including collecting and analyzing medical data as well as interviewing witnesses conducting research, and preparing for trial.

Most asbestos cases settle prior to trial. If, however, you are not satisfied with the amount of settlement your lawyer will not hesitate to go to trial on behalf of you.

Mesothelioma compensation typically will cover future and past medical expenses, funeral costs and lost wages, as well as loss of companionship, and other costs associated with the disease. Veterans with mesothelioma, or other asbestos-related diseases, should also apply for VA benefits to help pay for treatment and medical expenses.

Contact a law firm in the United States that specializes in mesothelioma for an initial consultation for no cost. A team of mesothelioma attorneys will determine if your eligible to file a mesothelioma claim against companies who exposed you to asbestos during your time in the military.

Settlements

Asbestos victims can receive compensation through settlements or verdicts that are negotiated. Both can assist in covering the costs of treating mesothelioma and address other issues such as loss of income or quality of life.

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

A mesothelioma attorney will examine your background and asbestos exposure to determine who the defendants in your case are. One or more companies could be defendants when they manufactured or sold asbestos-containing products on your worksite. These companies exposed workers to asbestos knowingly and did not inform workers of the dangers until workers died from the disease.

Because many of the asbestos producers went under after they were inundated with lawsuits, most asbestos cases are now settled using trust funds. Trusts are able to hold more than $30 billion in funds to aid mesothelioma sufferers. A mesothelioma lawyer can help them determine which trust fund to file their claim with.

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

Despite asbestos exposure, victims are able to seek justice by filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for the exposure of their loved ones to this disease that is preventable and offer them compensation to cover their medical expenses and lost earnings.

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

Since mesothelioma can be so serious and deadly, the patients must act quickly. It is important to find an attorney with a track record of successfully litigating mesothelioma cases. Ask family members, your doctor, or any other sources to recommend lawyers in your area.

Trials

Many victims of asbestos-related illnesses receive compensation via an agreement. Some cases do end in court. A trial can last several years and a jury has to determine the amount of compensation. A judge could decide to accelerate the process in cases where the victim is in very serious situation. Trials often result in higher awards than settlements.

During a mesothelioma lawsuit attorneys compile evidence to prove asbestos lawsuits exposure. They will identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will attempt to recover damages on behalf of the victim and their family members. These damages include punitive as well as compensatory damages. They will also seek compensation for the victim’s lost income and enjoyment of life.

Most victims and their families prefer to settle their claims rather than go to trial. Settlements are generally less stressful than trials and may enable the victim to receive their compensation earlier. However, a seasoned mesothelioma attorney will prepare for a trial if necessary to maximize the amount of compensation their client receives.

The compensation from a mesothelioma lawsuit can help victims pay for their medical bills, lost wages, and other expenses that are attributed to the disease. In some cases, it may even cover funeral costs. A lawyer can determine the victim's entitlement to damages by looking over the mesothelioma diagnosis or employment and military records and family history. They can also check asbestos trust funds to see if manufacturers or employers have compensated victims.

A legal team representing the asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. This can give veterans access to some of the best mesothelioma doctors in the world and additional financial support. The VA will not limit the right of a vet to sue asbestos companies which caused their exposure, and mesothelioma.

In most mesothelioma lawsuits, the defendants would prefer not to see a case reach an entire trial. They are afraid of the possible verdict amount, especially if a trial includes punitive damages. The long record of verdicts against asbestos-related companies makes it hard to prove their liability in trial.