How to File an Asbestos Lawsuit

You may be able file a lawsuit in the event that you or someone you know has been diagnosed with a disease related to asbestos. A mesothelioma lawyer who is experienced can help you understand the options available to you and help begin the process.

The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies are usually no longer exist however they may have established trusts to pay victims.

Statute of Limitations

A statute of limitations is a law that sets the time limit for when someone must pursue legal action and bring a lawsuit. This time frame can differ based on state and case type. In most personal injury cases, the statute of limitations clock starts ticking at the moment of the incident or injury. However, asbestos-related victims are unique in that many do not realize they have mesothelioma, a serious disease, until a long time after exposure to the dangerous substance. This is why it's important to get in touch with mesothelioma lawyers immediately following the diagnosis.

A mesothelioma lawyer can help patients determine the details of their case and ensure that their legal rights are protected. If the lawyer is convinced that they have a strong case they will file the appropriate compensation claim. It could be a personal injury lawsuit, wrongful death suit or asbestos trust fund claim.

Asbestos victims should be aware of their filing dates and filing locations. Even if they miss the deadline an attorney for mesothelioma may be able to assist clients explore other avenues for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.

It is important to remember that mesothelioma cases may go through multiple stages prior to either a settlement or trial. During the litigation, plaintiffs and their mesothelioma lawyers must identify asbestos companies and products that are accountable. This process could take months or even years.

Then, the attorneys must collect evidence, such as medical records, employment and labor history as well as asbestos product identification. The attorneys must also calculate damages, which include future medical expenses, lost 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.

Confidentiality agreements often keep the exact amount of mesothelioma compensation from being disclosed. Sometimes, however certain numbers are released. In 2018 the family received a settlement of $630,000 from multiple defendants for the death of a Redding mechanic due to asbestos-related lung cancer. This was the second settlement for the family following a prior settlement in 2017. These figures don't represent the average settlement amount for mesothelioma, but they do show the value of what patients receive.

How to File a Claim

Mesothelioma is a fatal illness that is difficult to treat and requires costly treatment can put families in financial straits. The compensation from asbestos lawsuits can be used to pay medical expenses that prolong life and support loved relatives. It also helps pay for funeral costs and expenses.

Each case is unique, and there are many factors that may impact the value of a claim. When you receive a no-cost review of your mesothelioma case, an experienced lawyer will determine your asbestos exposure and the most effective way to pursue compensation for you.

A mesothelioma lawyer can submit a claim for financial compensation with the responsible party which may include a multi-national firm or an insurance company who has assumed responsibility for a bankruptcy asbestos manufacturer. The attorney will assist you complete the required paperwork and ensure it is filed on time to comply with state laws.

Each state's statute of limitations provides a distinct time frame within which mesothelioma patients must file legal actions. It is recommended that you seek out a mesothelioma lawyer as soon as you can since the statute of limitations expires and you will not be able to recover compensation for your illness.

The mesothelioma lawsuit process usually takes between two and four years from start to finish. A multi-disciplined legal team will assist you in every step of the process in the process, from collecting medical records, interviewing witnesses as well as conducting research and preparing for trial.

Most asbestos cases settle prior to trial. If you aren't satisfied with the amount of settlement, your lawyer will not hesitate to take your case to trial.

The mesothelioma compensation typically will cover future and past medical expenses, funeral costs as well as lost wages, loss of companionship and other losses that are associated with the disease. Veterans suffering from mesothelioma, as well as other asbestos-related illnesses, must be eligible for VA benefits to pay for treatment and medical expenses.

If you're a veteran diagnosed with mesothelioma, contact mesothelioma lawyers from across the country to get a no-cost legal consultation. A team of mesothelioma experts will determine if you are eligible to file a mesothelioma suit against companies who exposed you to asbestos while serving in the military.

Settlements

Asbestos victims can receive compensation through settlements or verdicts negotiated by the victim. 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 settlement by a manufacturer of asbestos, the company agrees to pay a victim a specific amount of money. Negotiations are carried out between the attorney of the victim and the asbestos company responsible for the victim's exposure.

A mesothelioma lawyer who is knowledgeable will examine your employment history and asbestos product exposure to identify the defendants in your case. The defendants could be any of the companies that sold or made asbestos-containing products at your workplace site. These companies were often aware of the dangers of exposing workers to asbestos and did not warn them of the dangers until their deaths due to the disease.

The majority of asbestos cases are resolved by trust funds since asbestos producers have gone bankrupt when they were inundated by lawsuits. These trusts have over $30 billion in funds that can help mesothelioma sufferers. The victim's mesothelioma attorney can help them determine which trust fund to file their claim with.

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

Despite asbestos exposure, victims are able to pursue justice by filing mesothelioma lawsuits. They are able to hold negligent asbestos companies accountable for exposing loved family members to this deadly disease and seek compensation to pay medical expenses and lost wages.

Mesothelioma is a painful, life-threatening condition that is not always cureable. The financial compensation resulting from a successful mesothelioma lawsuit will bring closure to families of the victims and provide them with the financial assistance they require to live their lives as completely as possible.

Since mesothelioma can be so serious and deadly, the victims need to act fast. It is essential to find a law firm with a track record of successfully litigating mesothelioma cases. Consult with family members who have been diagnosed with the disease, your physician or other sources for recommendations of attorneys in your area.

Trials

Many victims of asbestos-related illnesses are awarded compensation through a settlement. However some cases are eventually taken to trial. A trial can last several years, and a jury must decide the amount of compensation. A judge could decide to accelerate the process in cases where the victim is in a very serious situation. Trials can be more expensive than settlements.

During a mesothelioma lawsuit, attorneys will compile evidence to prove asbestos exposure. They will also determine the companies and manufacturers responsible for the asbestos exposure. Mesothelioma lawyers will seek to recover damages for both the victim and their families. These damages can include compensatory and punitive damages. They also seek compensation for the loss of income and enjoyment of life.

Most victims and their families prefer to settle rather than go to trial. Settlements are less stressful than trials and allow victims to receive their payouts earlier. However, a knowledgeable mesothelioma attorney will prepare for a trial if required to maximize the amount of compensation their client receives.

The money received from a mesothelioma cancer case can help patients pay for their medical bills, lost wages, and other expenses that are attributed to the disease. In certain cases, it can even cover funeral expenses. A lawyer can determine if a victim is eligible to claim damages by examining their mesothelioma diagnosis, their employment and military histories as well as their family history. They can also examine asbestos trust funds for compensation from manufacturers and employers.

A legal team representing the asbestos victim will also consider pursuing benefits through the Department of Veterans Affairs. Veterans will have access to the top mesothelioma specialists around the world, and also additional financial support. 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 cases, defendants do not want a full-blown court trial. They are afraid of the possible verdict amount particularly if the trial is involving punitive damages. The long record of verdicts involving asbestos companies makes it difficult to prove their liability in trial.