How to File an Asbestos Lawsuit

If you or a loved one has been diagnosed with an asbestos-related condition you might be able to bring an asbestos lawsuit. An experienced mesothelioma lawyer can help you understand the options available to you and help start the process.

The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies often are no longer in existence, but they may have set up trusts to pay victims.

Statute of Limitations

A statute of limitations is a law that determines the time limit for when someone is required to pursue legal action and file a lawsuit. This limit varies by state and kind of case. In most personal injury cases the statute of limitation clock begins to tick at the point that the injury or accident occurs. However, asbestos sufferers are unique in that many don't realize they suffer from mesothelioma or another serious illness until years after their exposure to the toxic substance. This is why it's important to contact mesothelioma lawyers as soon as possible after an announcement of diagnosis.

A mesothelioma lawyer who is experienced will be able to determine the specifics of a victim's situation and make sure their legal rights are protected. Once the lawyer is confident that they have a good case, they will file the appropriate compensation claim. This could be a personal injury lawsuit or wrongful death lawsuit, or an asbestos trust fund claim.

Asbestos victims should be aware of their filing locations and deadlines. Even if victims fail to meet a deadline a mesothelioma attorney could be able to help them explore alternative avenues of compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.

It is important to remember that mesothelioma lawsuits can undergo several stages prior to a settlement or a trial. During the litigation process, victims must work with their mesothelioma attorneys to determine the responsible asbestos companies and products. It could take months or even years to complete.

Then, the attorneys must collect evidence, such as medical records, employment and labor history as well as asbestos product identification. The attorneys will also have to determine the amount of damages. This includes future medical expenses, loss of income, emotional distress, and loss companionship. The lawyer will determine the best strategy to maximize the amount of compensation they can offer their client.

Confidentiality agreements usually prevent the exact amounts of mesothelioma compensation from being revealed. However, occasionally certain numbers are released. For example, in 2018 the family of a Redding mechanic who passed away from lung cancer caused by asbestos was awarded an agreement worth $630,000 with several defendants. This was the second settlement for this family following a settlement in 2017. Although these figures don't represent the total average mesothelioma settlement amount but they do show the huge value that victims can receive from their claims.

Making a Claim

Mesothelioma is a fatal illness that is difficult to treat and requires costly treatment, can cause families to be in financial distress. The compensation from asbestos lawsuits allows patients to pay for life-extending medical bills and also support their loved family members. It also helps with funeral costs and other expenses.

Each case is different and there are many factors that can impact the potential value of an claim. During a free mesothelioma case review, an experienced lawyer will assess how asbestos attorney exposure affected your health and will determine the best avenue to pursue compensation on your behalf.

A mesothelioma lawyer will file an action for financial compensation with the responsible party, which may include a multi-national corporation or an insurance company that has taken on liability from a bankrupt asbestos manufacturer. The lawyer will assist you in filling out the paperwork and making sure it is filed within the deadline set by state law.

Each state's statutes of limitations provide a distinct timeframe within which mesothelioma patients must take legal action. It is essential to speak with a mesothelioma lawyer as soon as you can, because if the statute of limitations passes, you will not be in a position to claim any compensation for your condition.

The mesothelioma lawsuit filing process usually takes between two and four years from beginning to end. A multi-disciplined legal team will assist you at every step that includes gathering medical records, interviewing witness conducting research, and preparing for the trial.

Most asbestos cases are settled with an agreement before going to trial. However, if you're not satisfied with the amount you have received the lawyer will not hesitate to take the case to trial on your behalf.

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

If you are a veteran diagnosed with mesothelioma, contact mesothelioma lawyers from across the country to get a no-cost legal consultation. A dedicated team of mesothelioma attorneys will determine if your eligible to file a mesothelioma claim against companies that exposed you to asbestos while serving in the military.

Settlements

Asbestos-related victims can be compensated through negotiated settlements or verdicts. Both can assist in covering the costs of treating mesothelioma, and also address other issues like loss of income or quality of life.

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

A mesothelioma lawyer will look at your background and asbestos exposure to determine who the defendants are 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 did not warn of the dangers until they died from the disease.

Most asbestos cases are settled through trust funds, as many asbestos manufacturers went bankrupt when they were inundated by lawsuits. These trusts hold over $30 billion to help mesothelioma patients. The mesothelioma lawyer for the victim can help them determine which trust fund to file their claim with.

The median mesothelioma settlement ranges from between $1 million and $2 million. However, the larger a jury verdict, the greater amount the victim is likely to receive. During the trial, mesothelioma attorneys will present evidence, such as medical records and employment history as well as expert witness testimony and other documentation to prove their clients claim.

Even after exposure to asbestos, victims can still pursue justice by filing a mesothelioma lawsuit. They can make negligent asbestos companies accountable for the exposure of their loved ones to this preventable illness and offer them compensation to cover medical expenses and lost wages.

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

Because mesothelioma is so severe and deadly, the victims must act swiftly. It is essential to find a law firm with an established track record of success in litigating mesothelioma cases. Ask relatives who have been diagnosed with the disease, your physician or other sources for recommendations of lawyers in your area.

Trials

Many people suffering from asbestos-related diseases receive compensation via a settlement. However certain cases are eventually taken to trial. A trial can take several years and require a jury to decide the amount of the settlement. A judge may decide to accelerate the process if the victim is in a very serious situation. Trials can be more expensive than settlements.

During a mesothelioma lawsuit attorneys gather evidence to prove asbestos exposure. They will also identify the manufacturers and companies responsible for that exposure. Mesothelioma lawyers will seek damages for the victim and their family members. These damages can include punitive and compensatory damages. They will also seek to recover compensation for the loss of income and enjoyment of life.

Most victims and their families prefer to settle their claims rather than go to trial. Settlements are less stressful than trials and permit victims to receive their compensation sooner. However, a knowledgeable mesothelioma lawyer will plan for a trial, if needed, to maximize their client's recovery.

Compensation from a mesothelioma case can help patients pay for their medical bills, lost wages and other expenses that are attributed to the disease. In certain cases, compensation can cover funeral expenses. A lawyer can determine if the victim's eligibility to be compensated by looking over the mesothelioma diagnosis or employment and military records, and family history. They can also look over asbestos trust funds to determine 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 can give veterans access to some of the most renowned mesothelioma specialists around the world, as well as financial assistance. However, pursuing benefits from the VA does not limit the right of a veteran to bring an action against asbestos-related companies responsible for their exposure and mesothelioma.

In the majority of mesothelioma cases defendants do not want a full-blown court trial. They are scared of the possible verdict amount, especially if a trial involves punitive damages. Additionally, the long history of asbestos companies being convicted will make it difficult to prove their the liability in court.