How to File an Asbestos Lawsuit

You may be able to file a lawsuit when you or someone you know has been diagnosed with a disease that is related to asbestos. An experienced mesothelioma lawyer can assist you in understanding your options and help you start the process.

The defendants in a mesothelioma lawsuit are the companies who exposed you to asbestos. These companies usually have gone out of business, but they may have set up trusts to pay victims.

Statute of Limitations

A statute of limitations is a law that sets the maximum time someone must take legal action and file a lawsuit. The duration of this limitation varies according to the state and also the kind of case. In most personal injury cases the statute of limitation clock begins to tick at the point that the accident or injury occurs. However, asbestos victims are different in that a lot of them do not realize they have a serious illness like mesothelioma until years after exposure to the toxic substance. It is essential to contact an attorney as soon following a diagnosis as is possible.

A qualified mesothelioma attorney can determine all specifics of a victim's situation and ensure their legal rights are secured. When the lawyer is sure that they have a good case, they will submit the appropriate compensation claim. It could be a personal injuries lawsuit, wrongful death suit, or asbestos trust fund claim.

Asbestos sufferers must be aware of the deadlines and locations where they can file claims. Even if victims fail to meet a deadline a mesothelioma attorney could be able to help clients explore other avenues for compensation. This includes filing additional lawsuits and submitting claims against the asbestos trust fund.

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

The attorneys should gather evidence, which includes medical documents, employment and labor history as well as asbestos product identification. The attorneys must also calculate damages, which could include future medical expenses, lost income, emotional distress and loss of companionship. The lawyer will determine the best method to maximize compensation for their client.

Settlement amounts for mesothelioma are often kept private because of confidentiality agreements. However, some figures become public from time to time. 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 multiple defendants. This was the second settlement following one in 2017. While these figures don't represent the total average mesothelioma settlement amount however, they show the substantial value that victims can receive from their claims.

Filing a Claim

Mesothelioma is a complex terminal disease that requires expt your lawyer will not hesitate to take your case to trial.

Compensation for mesothelioma typically covers future and past medical expenses, funeral expenses as well as lost wages, loss of companionship and other losses incurred with the disease. In addition, veterans diagnosed with mesothelioma or another asbestos-related illness should seek benefits through the VA to help pay for their treatment and healthcare.

If you're a former soldier diagnosed with mesothelioma, call mesothelioma lawyers from across the country for a free legal consultation. A team of mesothelioma lawyers will determine if your mesothelioma case can be filed against companies who exposed you to asbestos during your military service.

Settlements

Asbestos victims can receive compensation through settlements or verdicts that are negotiated. Both of these can help pay for the costs of treating mesothelioma and address other issues, such as loss of income or loss of life.

In a settlement negotiated, an asbestos manufacturer will pay a victim the amount they have agreed to. Negotiations are carried out between the attorney of the victim and the asbestos company that is responsible for the victim's exposure.

A mesothelioma lawyer will review your work history and asbestos exposure to determine who the defendants in your case are. One or more companies could be defendants if they sold or manufactured asbestos-containing products on your site. These companies often knowingly exposed workers to asbestos and did not warn workers of the dangers until after their deaths from the disease.

Most asbestos cases are resolved through trust funds, as many asbestos manufacturers went bankrupt after being flooded by lawsuits. Trusts are able to hold more than $30 billion in funds to help mesothelioma victims. The mesothelioma lawyer for the victim can assist them in determining which trust fund to file their claim with.

The mesothelioma average settlement is between $1 and $2 million. The more money a victim will receive, the greater the verdict by the jury. In the trial phase, mesothelioma lawyers will present evidence such as medical records, employment history and expert testimony, as well as other documents to prove their client's case.

Despite exposure to asbestos, those affected are able to seek justice by filing a mesothelioma lawsuit. They can hold negligent asbestos companies accountable for exposing loved ones to this avoidable illness and offer compensation to cover medical expenses and lost wages.

Mesothelioma can be a life-threatening, painful and debilitating condition that isn't always curable. Compensation from a successful mesothelioma lawsuit will bring closure to families of the victims and ensure that they receive the financial help they require to live their lives as full as they can.

The severity and fatality of mesothelioma requires victims to respond swiftly. Locating a law firm that has a track record of success in pursuing mesothelioma-related cases is crucial. Consult with relatives who have been diagnosed with the disease, your physician or other sources for recommendations on lawyers in your area.

Trials

Many asbestos-related disease victims receive 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 settlement. If the victim is severely ill, a judge may decide to accelerate the process. Trials are usually more expensive than settlements.

During a mesothelioma lawsuit attorneys gather evidence to prove exposure to asbestos. They will identify the manufacturers and companies responsible for the exposure. Mesothelioma attorneys will seek damages for the victim as well as their family members. These damages include punitive as well as compensatory damages. They also seek compensation for the victim’s lost income and enjoyment of life.

The majority of victims and their families prefer to settle instead of going to trial. Settlements are less stressful than trials and allow victims to receive their money faster. However, a knowledgeable mesothelioma attorney will prepare for a trial if necessary to maximize their client's compensation.

The compensation from a mesothelioma lawsuit can assist victims in paying their medical bills, lost wages and other documented expenses associated with the disease. In certain cases, it may even cover funeral expenses. A lawyer can determine if a victim is eligible for compensation by looking over their mesothelioma diagnosis, employment and military histories and their family history. They can also review asbestos trust funds to determine the compensation of employers and manufacturers.

The legal team representing asbestos victims will also consider seeking benefits from the Department of Veterans Affairs. This can give veterans access to the most renowned mesothelioma specialists in the world and additional financial support. The VA will not restrict the rights of a veteran to sue asbestos-related companies who caused their exposure and mesothelioma.

In most mesothelioma lawsuits, defendants will not want to see their case go through an entire trial. They are scared of the possible verdict amount, especially if a trial involves punitive damages. In addition, the lengthy history of verdicts against asbestos companies will make it difficult to prove their the liability in court.