Mesothelioma Asbestos Lawsuits
Mesothelioma is a fatal, asbestos-related cancer. Legal action can help patients and their families receive compensation.
Compensation can come from the company responsible for exposure, or from trust funds for bankruptcy created by large corporations which went bankrupt and set aside funds for mesothelioma claims.
Contact a mesothelioma lawyer to arrange for a free review of your case if you've been diagnosed. The firm that you choose should have experience.
Statute of limitations
A statute of limitations is law that establishes the limit on how long you have to take legal action after an injury. In the majority of personal injury claims, the "clock" of the statute of limitations starts in the day of the injury or accident. However, mesothelioma asbestos cases have a unique legal process that complicates the statute of limitations rules. This makes it important to speak with a mesothelioma lawyer as soon as you can to ensure that your rights are not canceled.
The time limit for mesothelioma lawsuits can differ from state to state, however, the laws are generally the same in all states. In the United States, for example mesothelioma sufferers must make a claim within one year after diagnosis. Certain states also take into account the location of the place where a patient was first exposed to asbestos in determining the time limit for filing a lawsuit.
Mesothelioma and other asbestos-related diseases typically do not manifest symptoms for decades after exposure. This long time lag makes asbestos cases extremely difficult. The time limit for these types of cases should be taken into account and will determine how long the victim is required to claim compensation from an asbestos company.
Mesothelioma's statutes tend to be shorter than those for personal injury. This is because a victim may be filing multiple asbestos-related legal actions. A victim could be able to file a personal injury lawsuit and an asbestos trust fund claim.
Additionally the mesothelioma legal procedure is often complex and could require the assistance of an experienced attorney. An attorney can help mesothelioma victims and their families in understanding the statute of limitations regulations and filing deadlines.
A mesothelioma lawyer can assist victims file asbestos lawsuits against the responsible companies in multiple states. This is especially helpful when a person has been exposed to asbestos in several states. A lawyer can also help victims file claims to multiple asbestos trust funds in the event that they are not able to negotiate a settlement with one company. An attorney can also assist victims receive health insurance and veterans benefits.
Discovery
The plaintiff's attorney for mesothelioma begins collecting evidence during the discovery phase. This may include documents, witness statements and even physical evidence, such as asbestos-containing materials found at the workplace or in a residence site. The information is used in a court case to claim compensation for damages like medical treatment and lost wages, pain and loss of consortium.
Asbestos victims can sue multiple defendants, based on their illness and where they were exposed to asbestos. Defendants often hire experienced lawyers to try and thwart asbestos litigation and stop them from winning settlements. Mesothelioma lawyers are accustomed to these tactics and know what they can do to stay clear of them.
When defendants are served with mesothelioma-related lawsuits they will study the allegations and then submit a response to the claim. The defendants will likely deny any responsibility and claim that the plaintiff is responsible. The lawyer representing mesothelioma patients will respond to these arguments by presenting evidence that proves their client was injured because of defendants negligence.
Once the discovery phase is over the mesothelioma settlement contract will be presented to the victim. Lawyers negotiate for their client to ensure they receive the best compensation possible. Asbestos companies usually start with small settlements, however mesothelioma lawyers are able to secure much higher settlements.
If a settlement is not reached, the plaintiff may decide to go to trial. In a court trial both sides will present their arguments to the jury or a judge. The jury will decide whether the asbestos company is liable and how much compensation should be paid to the victim.
Asbestos victims should also know that filing a lawsuit is different from applying for benefits for veterans through the Department of Veterans Affairs (VA). Veterans who have developed mesothelioma as a result of serving in the military are eligible to receive VA benefits. This does not mean that asbestos companies can't be sued.
Settlements
Mesothelioma lawsuits are handled on a contingency basis which means that your lawyer does not charge fees up front and will only take a portion of the final settlement or verdict. This arrangement is written in your fee agreement.
After your lawyer has gathered evidence of the asbestos exposure, they will begin the negotiation process with the defendants. On average, it takes 18 months to settle a mesothelioma claim as each side needs time to gather the information that will be used in the trial.
The amount of compensation that you receive will depend on the severity of your symptoms, and how much money is needed to cover the treatment costs. This will usually include your medical bills, lost wages, and any expenses that are related to your diagnosis. You could also be entitled to non-economic damages, such as discomfort and pain, based on the verdict of the jury.
Asbestos lawyers are familiar with the difficulties of calculating these types of awards. Your mesothelioma lawyer will make use of the most current research and data to put the value of your case. They will also take into account your unique situation, and how your mesothelioma has affected your life.
In many cases, the defendants will agree to pay for some of the disputed damages in the settlement phase of your case. However there are some defendants who will not negotiate and prefer to go to trial. If beaumont mesothelioma lawyer can prove that the defendant was negligent and exposed you to asbestos, you will likely receive a substantial amount of money from a juror.
Historically, the majority of mesothelioma claims were settled through a multidistrict suit (MDL) however, now the majority of mesothelioma claims are resolved directly with defendants. More than 30 asbestos-related companies have filed for bankruptcy since asbestos was confirmed to be associated with certain diseases. Patients suffering from mesothelioma are receiving compensation from more than 60 asbestos trusts which have more than $30 billion in funds for asbestos victims.
Certain asbestos plaintiffs have claims against multiple defendants due to the fact that they were exposed to asbestos in different locations and asbestos manufacturers, often in multiple states. A mesothelioma lawyer can assist you in identifying the appropriate defendants in your case, regardless of whether they've filed for bankruptcy or were acquired by another company.
Trial
A mesothelioma attorney can help victims and families bring a case against asbestos-related companies. These cases seek compensation for victims to pay for funeral costs, medical expenses, and lost wages due to the effects of their condition.
During the discovery phase, the victims and their attorneys exchange information with defendants. The process can last from weeks to months. However, the majority of mesothelioma cases are settled through settlements instead of going to trial. The amount of the settlement is determined on the severity of a person's mesothelioma or other asbestos-related diseases, the types of companies that are responsible for their exposure, and other factors that affect the amount of compensation.
A plaintiff's lawyer will gather all the pertinent details and file a suit for the patient. They will handle the legal process and advise when to either accept a resolution or seek justice.
The time limit to file a lawsuit against a company which could be responsible for mesothelioma depends on a variety of factors including where the victim lived and worked and when they were exposed to asbestos. The time frame also differs by state and is different for personal injury and wrongful death cases.
After the lawsuit is filed the defendant has 30 days to reply to it. They do not have to admit fault and may deny the allegations, or claim that a different party was responsible for the victim's exposure to asbestos.
Asbestos defendants may also resort to stall tactics to slow the case or keep the case from proceeding to trial. A mesothelioma lawyer with experience is adept at thwarting these tactics and making sure your case proceeds in a timely manner.
While exact settlement amounts are kept secret due to confidentiality agreements, some of the biggest settlements and verdicts in mesothelioma cases are revealed periodically. In 2022, for example an New York juror awarded $75 million to the family of a former mechanic in the automotive industry who was diagnosed with mesothelioma after years of exposure. This is a significant sum of money, and it is crucial that victims receive the compensation they deserve.