The 10 Scariest Things About Asbestos Mesothelioma Lawsuit
How to File an Asbestos Lawsuit
You may be able to file a lawsuit if you or someone you know has been diagnosed with a disease connected to asbestos. A qualified mesothelioma attorney can help you understand your options and assist you to start the process.
The defendants in a mesothelioma lawsuit are the companies that exposed you to asbestos. These companies often are no longer in existence however, they could have set up trusts to compensate victims.
Statute of Limitations
A statute of limitations is a law that sets the maximum time someone has to legally take legal action and bring a lawsuit. This time frame can differ based on state and case type. For the majority of personal injury cases the statute of limitation clock starts ticking at the time of the accident or injury. However, asbestos sufferers are different in that a lot of them don't realize they suffer from mesothelioma or another serious illness until a long time after exposure to the toxic substance. This is why it's important to contact a mesothelioma attorney as soon as possible after a diagnosis.
A qualified mesothelioma attorney can assess the details of a victim's situation and make sure their legal rights are protected. After the mesothelioma attorney is certain they have a valid case, they can file the appropriate claim for compensation. It could be a personal injuries lawsuit, wrongful deaths suit, or asbestos trust fund claim.
Asbestos victims must be aware of their filing locations and deadlines. Even if they miss a deadline a mesothelioma attorney might be able to assist them explore alternative avenues of compensation. This could include filing additional lawsuits or claims against the asbestos trust fund.
It is important to remember that mesothelioma lawsuits can undergo several stages prior to the settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must identify asbestos-related companies and products responsible. The process can take months or even years.
The attorneys then need to gather evidence such as medical records, employment histories and the identification of the product. Attorneys will also need to calculate damages. This includes future medical expenses, loss of income emotional distress, loss of companionship. The attorney will then determine the best way to achieve the most compensation for their client.
Confidentiality agreements often keep the exact amount of mesothelioma compensation from being revealed. However, certain figures do appear on the public at times in time. For instance, in 2018 the family of a Redding mechanic who died from lung cancer caused by asbestos was awarded an agreement worth $630,000 with multiple defendants. This was the second settlement after a payout in 2017. These figures do not represent the amount of settlement that is typical for mesothelioma. However they do illustrate the value of what patients receive.
Making a Claim
Mesothelioma is a complicated terminal disease that requires costly treatments and can put families under financial stress. The benefits of an asbestos lawsuit could be used to pay for medical bills that extend life and provide support for loved family members. It also helps cover funeral costs and other expenses.
However, every case is unique, and there are a myriad of variables that could influence the value of a claim. When you receive a free mesothelioma claim review, a knowledgeable lawyer will assess the extent to which asbestos exposure has affected your health and determine the best method to seek compensation on your behalf.
A mesothelioma attorney will file an action for financial compensation with the responsible party, which may include a multi-national firm or an insurance company that has taken on the responsibility from a bankruptcy asbestos manufacturer. The lawyer will assist you to complete the necessary paperwork and ensure that it is timely filed to ensure compliance with state laws.
Each state's statutes of limitations provide a distinct timeframe within which mesothelioma patients have to take legal action. You should consult a mesothelioma attorney as soon as you can, because the statute of limitation will expire and you won't be able claim compensation for your illness.
The mesothelioma lawsuit process usually takes between two and four years from start to the end. A multi-disciplinary legal team will aid you at every step, including gathering medical records, interviewing witnesses conducting research, and preparing for trial.
The majority of asbestos cases settle for a settlement before going to trial. If you are not happy with the settlement amount, your lawyer will not hesitate in taking your case to trial.
Mesothelioma compensation usually will cover future and past funeral expenses, medical expenses, lost wages, loss of companionship, and other costs associated with the disease. In addition veterans who are diagnosed with mesothelioma or another asbestos-related illness should apply for benefits through the VA to pay for their treatment and medical expenses.
If you're a former soldier diagnosed with mesothelioma or other cancers, contact a national mesothelioma law firm for a no-cost consultation. A team of mesothelioma attorneys will determine if your mesothelioma lawsuit could be filed against companies who exposed you to asbestos during your service in the military.
Settlements
Asbestos victims may receive compensation through negotiated settlements or verdicts. Both can assist in covering the costs of treating mesothelioma and address other issues like loss of income or the quality of life.
In a settlement that is negotiated, an asbestos manufacturer agrees to compensate the victim with a negotiated amount of money. Negotiations are conducted between the victim's attorney and the asbestos company responsible for the victim's exposure.
A mesothelioma lawyer will look at your background and asbestos exposure to determine who the defendants are in your case. One or more companies could be the defendants when they manufactured or sold asbestos-containing products on your site. These companies often knowingly exposed workers to asbestos and did not warn them of the dangers until after their deaths from the disease.
The majority of asbestos cases are resolved by trust funds as many asbestos manufacturers went bankrupt when they were inundated by lawsuits. These trusts hold over $30 billion in funds to aid mesothelioma patients. The victim's mesothelioma attorney can help them determine which trust fund to file their claim with.
The median mesothelioma settlement ranges from between $1 million and $2 million. The more money the victim will receive, the more substantial the verdict by the jury. During the trial, mesothelioma lawyers will provide evidence, such as medical records, employment history and expert witness testimony and other documents to prove their clients claim.
A mesothelioma case can be filed by victims who have been exposed to asbestos. They can hold negligent asbestos companies accountable for exposing their loved ones to this preventable illness and offer them compensation to cover medical expenses and lost earnings.
Mesothelioma can be an extremely painful, life-threatening condition that isn't always cureable. The financial compensation resulting from a mesothelioma-related case can bring closure to victims families and ensure that they receive the financial support needed to live as fully as they can.
Since mesothelioma can be so serious and fatal, those who suffer must act swiftly. Finding a law firm which has a track record of success in pursuing mesothelioma cases is essential. Consult with relatives who have been diagnosed with the disease, your doctor or other sources for recommendations on lawyers in your area.
Trials
Many victims of asbestos-related illnesses are awarded compensation through settlements. Some cases do end in the courtroom. A trial can take several years and requires an impartial jury to determine the amount of the award. A judge may decide to accelerate the process if the victim is in very serious condition. Trials are usually more expensive than settlements.
In a mesothelioma case attorneys compile evidence to prove asbestos exposure. They will also identify companies and manufacturers that are responsible for asbestos exposure. Mesothelioma lawyers will seek damages for the victim as well as their family members. These damages can include compensatory and punitive damages. They will also seek to recover compensation for the loss of income and enjoyment of life.
Most victims and their family members prefer to settle rather than go to trial. Settlements are generally less stressful than a trial and can enable the victim to receive their compensation much earlier. However, a seasoned mesothelioma lawyer will prepare for a trial, if needed, to maximize the amount of compensation their client receives.
The money received from a mesothelioma cancer case can assist victims in paying their medical expenses, lost wages and other documented expenses associated with the disease. In some cases, it can even pay for funeral expenses. An attorney can determine the victim's eligibility to be compensated by looking over the mesothelioma diagnosis or employment and military records, and family history. They can also check asbestos trust funds to determine if manufacturers or employers have paid compensation.
An asbestos victim's legal team may also look into pursuing benefits from the Department of Veterans Affairs. Veterans can gain access to the most reputable mesothelioma experts in the world, and also additional financial assistance. The VA will not restrict the right of a vet to sue asbestos-related companies who caused their exposure and mesothelioma.
In the majority of mesothelioma lawsuits the defendants would prefer not to see the case progress to a full-blown trial. They are afraid of the possible verdict amount, especially if a trial involves punitive damages. In addition, the lengthy history of asbestos companies being convicted will make it difficult for them to deny the responsibility at trial.
