How to File an Asbestos Lawsuit

If you or someone close to you has been diagnosed with an asbestos-related illness, you may be eligible to make an asbestos lawsuit. A qualified mesothelioma attorney can assist you in understanding your options and assist you to begin the process.

The defendants in a mesothelioma lawsuit are the companies which exposed you to asbestos. These companies are usually have gone out of business however, they could have set up trusts to compensate victims.

Statute of Limitations

A statute of limitations is a law which sets the maximum time limit for someone to file a lawsuit or take legal action. This time frame can differ based on state and case type. For the majority of personal injury cases the statute of limitations begins to run at the date of the accident or injury. Asbestos sufferers are unique in that they might not be aware of a serious illness like mesothelioma for years after exposure. It is essential to contact an attorney as soon after a diagnosis as is possible.

A mesothelioma lawyer can assist victims determine the specifics of their case and ensure that their rights are secured. If the lawyer is convinced that they have a solid 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 sufferers must be aware of the deadlines and the locations where they can file claims. Even if victims miss an important deadline, a mesothelioma attorney may be able help them find alternative options for compensation. This includes filing additional lawsuits and making claims against the asbestos trust fund.

It is important to remember that mesothelioma cases can go through several stages before the settlement or trial. During the course of litigation, victims and their mesothelioma attorneys must determine asbestos-related companies and products that are accountable. It could take months or even years to complete.

The attorneys then have to collect evidence, such as medical records, labor and employment history and asbestos product identification. The attorneys also need to calculate damages, which could include future medical expenses and lost income, as well as emotional distress and loss of companionship. The lawyer will then decide the best way to achieve the highest amount of compensation for their client.

Settlement amounts for mesothelioma are often kept private because of confidentiality agreements. However, some figures get public from time to time. For example, in 2018 the family of a Redding mechanic who passed away from asbestos-related lung cancer received a $630,000 settlement with multiple defendants. This was their second settlement after the payout in 2017. Although these figures don't represent the total average mesothelioma settlement amount but they do show the huge benefit that victims can derive from their claims.

If you're a former soldier diagnosed with mesothelioma, contact a mesothelioma lawyer in the United States to get a no-cost legal consultation. A team of mesothelioma attorneys will determine if your mesothelioma lawsuit can be filed against companies who exposed you to asbestos during your service in the military.

Settlements

Asbestos victims can receive compensation via negotiated settlements or verdicts. Both of these can help offset the expenses associated with treating mesothelioma as well being able to address other issues, such as loss of income and loss of life.

In a settlement negotiated, an asbestos manufacturer 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 mesothelioma lawyer will review your background and asbestos exposure to determine who the defendants are in your case. The defendants could be any of the companies that manufactured or sold asbestos-containing products on your work site. These companies exposed workers to asbestos in a way they knew about and did not warn of the dangers until workers died from the disease.

Most asbestos cases are resolved through trust funds, since asbestos producers have gone bankrupt after being flooded by lawsuits. Trusts are able to hold more than $30 billion in funds to help mesothelioma patients. The victim's attorney can assist them in determining which trust fund to make a claim with.

The mesothelioma average settlement ranges from $1 million to $2 million. The more money a victim can receive, the bigger the verdict by the jury. During the trial, mesothelioma lawyers will present evidence, such as medical records and employment history, expert witness testimony, and other evidence to support their clients claim.

Despite exposure to asbestos, those affected can still get justice through 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 provide them with compensation to cover their medical expenses and lost wages.

Mesothelioma is a painful, life-threatening condition that is not always curable. Compensation from a successful mesothelioma suit will bring closure to victims' families and provide them with the financial support they need to live their lives as fully as possible.

The severity and fatality of mesothelioma requires victims to respond swiftly. Finding a law firm that has a successful track record in pursuing mesothelioma cases is crucial. Consult with family members who have been diagnosed with the disease, your doctor or other sources for recommendations of attorneys in your region.

Trials

Many asbestos-related disease victims receive compensation through settlements. However, some cases will go to trial. A trial can last several years, and a jury must decide the amount of compensation. If the victim is seriously sick, a judge could choose to accelerate the process. Trials are often more expensive than settlements.

In a mesothelioma suit, attorneys will compile evidence to prove asbestos exposure. They will also determine the companies and manufacturers that are responsible for the asbestos exposure. Mesothelioma lawyers will attempt to recover damages for the victim and their family. These damages can include compensatory and punitive damages. In addition, they will seek to get compensation for the victim's loss of enjoyment of life and the loss of income.

Most victims and their family members prefer to settle rather than go to trial. Settlements are less stressful than trials and enable victims to receive their compensation sooner. A mesothelioma lawyer will prepare their client for a trial if necessary to maximize the compensation of their client.

Compensation for mesothelioma could assist patients with medical expenses, lost income, and other expenses that are attributed to the disease. In some cases, it can even pay for funeral expenses. A lawyer can determine whether a victim is eligible for compensation by looking over their mesothelioma diagnose, their military and employment history and their family history. They can also review asbestos trust funds for compensation from manufacturers and employers.

A legal team representing an asbestos victim will also consider pursuing benefits through the Department of Veterans Affairs. This will allow veterans access to the best mesothelioma doctors around the world, as well as financial assistance. However, the benefits of the VA does not restrict the right of a veteran to bring a lawsuit against the asbestos companies responsible for their exposure and mesothelioma.

In most mesothelioma cases defendants do not want an extensive court trial. They are scared of the potential verdict amount especially if the case is involving punitive damages. The long record of verdicts in favor of asbestos-related companies makes it hard for them deny liability during trial.