How to File an Asbestos Lawsuit

If you or a loved one has been diagnosed with an asbestos-related illness and you are eligible, you could be able to bring an asbestos lawsuit. A mesothelioma lawyer who is experienced can assist you in understanding your options and assist you to begin the process.

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

Statute of Limitations

A statute of limitations is a law that sets the time limit for when one has to legally take legal action and bring a lawsuit. The time limit varies by the state and the type of case. For most personal injury cases, the statute of limitations clock starts ticking at the date of the accident or injury. Asbestos sufferers are unique in that they may not be aware of a serious illness like mesothelioma until years after exposure. It's important to contact an attorney as soon following a diagnosis as is possible.

A mesothelioma lawyer can assist victims understand the specifics of their case and ensure that their legal rights are secured. After the mesothelioma attorney is convinced they have a solid case they can file a claim for compensation. This could be a personal injury lawsuit or wrongful death suit, or an asbestos trust fund claim.

Asbestos victims must be aware of deadlines and locations where they can file their claims. Even even if they fail to meet the deadline an attorney for mesothelioma may be able to help victims explore other avenues for compensation. This includes additional lawsuit filing locations and asbestos trust fund claims.

It is also important to keep in mind that mesothelioma lawsuits can go through a variety of stages before reaching a settlement or trial. During the litigation process, patients must work with their mesothelioma attorneys to identify responsible asbestos attorney companies and their products. This process can take months or even years.

The attorneys then have to gather evidence, which includes medical records, 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 then decide the best way to achieve the highest amount of compensation for their client.

Confidentiality agreements often keep the exact amount of mesothelioma compensation from being disclosed. Sometimes, however certain amounts are made public. For instance, in 2018, the family of a Redding mechanic who passed away from asbestos claim-related lung cancer received an amount of $630,000 from multiple defendants. This was their second settlement after one in 2017. While these numbers don't represent the total mesothelioma average, they illustrate the significant value that patients can get from their claims.

Making a Claim

Mesothelioma is a complex, terminal illness that requires costly treatments and often puts families under financial stress. Compensation from an asbestos lawsuit allows patients to pay for life-extending medical bills and support their loved ones. It also helps with funeral costs and other expenses.

Each case is different and a variety of factors can impact the value of an claim. During a free review of your mesothelioma lawsuit an experienced lawyer will determine your asbestos exposure and the most effective method to pursue compensation for you.

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

The statutes of limitation in each state set a different timeline within which mesothelioma patients must take legal action. It is important to consult a mesothelioma attorney as early as you can, because the statute of limitation expires and you will not be able to get compensation for your illness.

The mesothelioma lawsuit process typically takes between two and four years from beginning to finish. A multi-disciplined team of lawyers will be there to assist you through every step of the way, such as collecting and analyzing medical records as well as interviewing witnesses, conducting research and getting ready for trial.

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

The mesothelioma compensation typically covers past and future medical expenses, funeral expenses and lost wages, as well as loss of companionship and other losses that are associated with the disease. Additionally veterans who are diagnosed with mesothelioma or an asbestos-related illness should apply for benefits through the VA to help pay for their treatment and healthcare.

If you're a former soldier diagnosed with mesothelioma or other cancers, 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 claim could be filed against companies who exposed you to asbestos during your military service.

Settlements

Asbestos victims can be compensated through negotiated settlements or verdicts. Both of them can assist with the expenses associated with treating mesothelioma, as as addressing other issues like loss of income and quality of life.

In a settlement negotiated the asbestos manufacturer agrees to compensate a victim with a negotiated amount of money. Negotiations are conducted between the victim's attorney and the asbestos settlement company responsible for the victim's exposure.

A mesothelioma lawyer with experience will go through your job background and asbestos exposure to identify the defendants in your case. The defendants could be a number of companies that produced or sold asbestos legal-containing products at your workplace site. These companies exposed workers to asbestos knowingly and failed to warn workers of the dangers until workers passed away from the disease.

Most asbestos cases are resolved through trust funds, since many asbestos producers went bankrupt after being hit by lawsuits. Trusts are able to hold more than $30 billion to aid mesothelioma patients. A mesothelioma lawyer can help them determine which trust fund to file their claim with.

The average settlement for mesothelioma is between $1 million and $2 million. However, the larger a jury verdict, the more money a victim can expect to receive. During the trial, mesothelioma attorneys will present evidence, such as medical records, employment history and expert witness testimony and other evidence, to prove their clients' case.

Despite exposure to asbestos, those affected can still seek justice by filing mesothelioma claims. They can hold negligent asbestos companies accountable for the exposure of their loved ones to this disease that is preventable and offer them compensation to cover medical expenses and lost wages.

Mesothelioma is a painful, life-threatening condition that isn't always curable. The financial compensation resulting from a mesothelioma-related case can bring closure to victims families, and help ensure that they receive the financial aid required to live their lives as fully as they can.

Since mesothelioma can be so serious and deadly, the victims must act swiftly. Locating 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 on attorneys in your region.

Trials

Many people suffering from asbestos-related diseases receive compensation through a settlement. Some cases do end in court. A trial can last several years and the jury has to decide on the amount of compensation. If the victim is severely sick, a judge could decide to accelerate the process. Trials are often more expensive than settlements.

During a mesothelioma lawsuit attorneys compile evidence to prove asbestos exposure. They will identify the manufacturers and companies responsible for the exposure. Mesothelioma lawyers will seek damages for the victim as well as their family members. These damages can include punitive and compensatory damages. In addition, they seek to seek compensation for the victim's loss of enjoyment in life and income loss.

Most victims and their family members prefer to settle their claims rather than go to trial. Settlements are generally less stressful than a trial and can allow the victim to access their compensation much sooner. A mesothelioma lawyer can prepare their client for a trial if necessary to maximize the amount of compensation received by their client.

Compensation for mesothelioma may help victims cover their medical bills, lost income and other documented expenses related to the disease. In certain cases, compensation may cover funeral expenses. An attorney can determine the victim's eligibility to be compensated by reviewing the mesothelioma diagnosis, military and employment histories and family histories. They can also examine asbestos trust funds to determine if manufacturers or employers have paid compensation.

A legal team representing the asbestos victim will also be able to pursue benefits through the Department of Veterans Affairs. This can give veterans access to some of the best mesothelioma physicians around the world as well as financial support. However, the benefits of the VA does not restrict the right of a veteran to file an action against asbestos-related companies responsible for their exposure and mesothelioma.

In most mesothelioma lawsuits, defendants will not want to see their case go through a full-blown trial. They are scared of the potential verdict especially if the case involves punitive damages. Additionally, the long history of asbestos companies being convicted will make it difficult to prove their the responsibility at trial.