How to File an Asbestos Lawsuit

You could be able to file a lawsuit when you or someone you love has been diagnosed with a disease related to asbestos. A mesothelioma lawyer can assist you to understand your options and start the process.

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

Statute of Limitations

A statute of limitation is a law that defines the maximum time limit for someone to bring a lawsuit or to take legal action. The time limit varies by the state and the type of case. For the majority of personal injury cases, the statute of limitations clock starts ticking at the date of the accident or injury. Asbestos victims differ in that they might not be aware of a serious illness such as mesothelioma for a long time after exposure. This is why it's important to get in touch with mesothelioma lawyers immediately following the diagnosis.

A qualified mesothelioma attorney can assess the details of a victim's situation and ensure that their rights are protected. Once the lawyer is confident 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 victims must be aware of their filing deadlines and locations. Even if they miss a deadline a mesothelioma attorney might be able to assist them find alternative options for compensation. This includes filing additional lawsuits at other locations and asbestos trust fund claims.

It is also important to keep in mind that a mesothelioma case can go through a variety of stages before settling or trial. During the course of litigation, plaintiffs and their mesothelioma lawyers must determine asbestos-related companies and products that are accountable. It could take months or even years to complete.

The attorneys will then collect evidence, including medical records, employment history and the identification of the product. The attorneys will also have to calculate damages. This includes future medical expenses, loss of income, emotional distress, and loss companionship. The attorney will decide on the best method to maximize the amount of compensation they can offer their client.

Confidentiality agreements typically prevent the exact amount of mesothelioma-related compensation from being disclosed. Occasionally, however, certain figures are released. For instance, in the year 2018 the family of a Redding mechanic who passed away from lung cancer caused by asbestos received an amount of $630,000 from multiple defendants. This was the second settlement that this family received following a payout in 2017. Although these figures aren't indicative of the overall mesothelioma average however, they show the substantial value that victims can receive from their claims.

How to File a Claim
If you're a veteran diagnosed with mesothelioma or other cancers, contact mesothelioma lawyers from across the country for a no-cost consultation. A team of mesothelioma attorneys will determine if your mesothelioma claim can be filed against companies who exposed you to asbestos during your service in the military.

Settlements

Asbestos victims may receive compensation via negotiated settlements or verdicts. Both can assist in covering the costs of treating mesothelioma as well as other issues like loss of income or quality of life.

In a settlement that is negotiated in a settlement, an asbestos manufacturer will pay a victim a specific amount of money. This is reached through negotiations between the victim's lawyer and the asbestos company responsible for their exposure.

A mesothelioma lawyer with experience will go through your job background and asbestos exposure to determine the defendants in your case. One or more companies could be the defendants when they manufactured or sold asbestos-containing products on your site. These companies were often aware of the dangers of exposing workers to asbestos but did not inform them of the dangers until after their deaths from asbestos-related diseases.

Since many asbestos producers went bankrupt after they were inundated with lawsuits, most asbestos cases now settle through trust funds. These trusts have over $30 billion in funds that can help mesothelioma sufferers. The victim's 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 jury verdict. During the trial, mesothelioma lawyers will present evidence like medical records, employment history and expert testimony, as well as other documentation to prove their client's case.

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 disease that is preventable and offer them compensation to cover medical expenses and lost earnings.

Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. The compensation from a mesothelioma lawsuit can bring closure to the victims' families, and ensure that they receive the financial support needed to live as fully as they can.

The seriousness and death of mesothelioma requires victims to take action quickly. Finding a law firm that has proven success in pursuing mesothelioma-related cases is crucial. Ask your family members, doctor, or any other sources to recommend attorneys in your region.

Trials

Many people suffering from asbestos-related diseases receive compensation via settlements. Certain cases end up in the courtroom. A trial could take a few years and require an impartial jury to determine the award amount. A judge may decide to accelerate the process in cases where the victim is in very serious condition. Trials can be more expensive than settlements.

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

The majority of victims and their families prefer to settle their claims rather than going to trial. Settlements tend to be less stressful than a trial and can let the victim access their compensation earlier. However, a seasoned mesothelioma attorney will prepare for a trial if necessary to maximize their client's recovery.

Compensation for mesothelioma may aid victims in paying their medical expenses, lost income, and other expenses that are related to the disease. In certain instances, compensation can be used to pay for funeral expenses. A lawyer can determine the victim's eligibility to be compensated by examining his or her mesothelioma diagnoses, military and employment histories, and family history. They can also examine asbestos trust funds to determine the compensation of employers and manufacturers.

An asbestos victim's legal team will also consider applying for benefits through the Department of Veterans Affairs. This could give veterans access to some of the most renowned mesothelioma specialists around the world as well as financial support. However, pursuing benefits from the VA does not restrict a veterans right to file an action against the asbestos-related companies responsible for their exposure and mesothelioma.

In most mesothelioma cases the defendants don't want an extensive court trial. They are afraid of the potential verdict, particularly if a case involves punitive damages. In addition, the long history of verdicts against asbestos companies will make it difficult for them to deny the liability in court.