Mesothelioma Lawsuits

Mesothelioma lawsuits allow victims to seek compensation for medical expenses as well as pain and suffering. A certified asbestos lawyer can review your specific information to determine the best avenues for securing compensation.

In addition to holding negligent asbestos companies accountable, lawsuits can also help bring asbestos companies to justice. Settlements can resolve cases without having to go to trial.

The Statute of Limitations

The time limit or statute of limitations in each state will determine the time when victims can file a claim. They will lose their right to receive compensation if they fail to file. A mesothelioma attorney can help victims determine if they have the time to file their lawsuit.

The statute of limitations varies depending on the state and the type of asbestos claim. The time limits for personal injury lawsuits and claims against trust funds differ. Certain states allow only mesothelioma lawsuits for two years and others allow for six years. However, mesothelioma lawyers can often get victims extensions or exemptions from the statute of limitations.

Asbestos exposure typically occurs over an extended period of time. In most cases, victims are not aware that they've been injured until a long time later. The latency period for mesothelioma can last up to 40 years. Experts in asbestos law say this is the reason that most states have a "discovery" rule for asbestos exposure cases. The statute of limitations could be set when the victim finds out, or should have known that they suffer from an asbestos-related disease.

Some states also have statutes for asbestos claims. A statute of repose is similar to a statute or limitations however, asbestos claim it runs from the day asbestos exposure occurred instead of the date when the diagnosis was made.

Mesothelioma lawyers can also assist with wrongful death lawsuits brought by relatives of asbestos victims who have passed away. The claims for wrongful death are typically subject to the same statutes of limitation as personal injury lawsuits. In certain circumstances, the wrongful death claimant could be entitled to punitive damages. This is not common, but it could be useful in certain situations.

Preparation

The mesothelioma litigation process can be intimidating, especially since symptoms may not appear for 20 to 50 years. Legal claims can help patients and families receive reimbursement for medical expenses, lost income, pain and discomfort associated mesothelioma.

A mesothelioma attorney can guide patients and ensure that they receive the maximum payout. The process begins with the filing of an action that contains mesothelioma diagnosis and a list of damages sought.

The defendants will be given the chance to defend themselves. This phase of the case may require more information gathering, and could include a recorded statement with your lawyer in attendance. Most often, mesothelioma lawyers as well as the defendants will attempt to settle the case during this time. This will save the defendants from the expense of a trial, as well as the risk of a verdict by a juror that is not favorable.

If a settlement cannot be reached the case will go to the discovery stage, where both your attorneys and those of the defendants will gather evidence from both sides. During this phase, the defendants may also be questioned. This can take several months. Your attorney and you should be prepared for the next phase of the process. You will be asked about your work history, places where asbestos exposure took place, and if you or a member of your family, were exposed by secondhand means.

The most efficient method to prepare for this part of the trial is to talk with a mesothelioma attorney about your case and the history. They will have access databases with asbestos producers and identify how and where you were exposed. They can also decide the companies against whom to file and which court to file with and when it is best to file a claim with an asbestos trust fund.

Discovery

The legal process begins with gathering evidence. This may include medical records or asbestos test results. A mesothelioma lawyer can tell you where to look for the most relevant documents, and may be able to request asbestos company documents through state and federal agencies.

A mesothelioma lawyer who is experienced will use this information to create a strong case and build a timeline of exposure. This will enable lawyers to determine if the statute of limitations has expired and to file a lawsuit on behalf of their clients.

A lawsuit can pay victims and their family for the costs incurred due to mesothelioma treatments. This includes lost wages and medical expenses. It can also assist with emotional stress. A mesothelioma lawsuit that is successful may aid in the payment of additional expenses that Medicare and private insurance will not cover.

It is important to hire mesothelioma attorneys who have experience representing asbestos victims. The firm should provide an unreserved review of your case and handle all aspects in the legal process. The firm's lawyers work on a contingent fee basis. This means they won't charge upfront fees, and will only take a small portion of the settlement or verdict.

Mesothelioma claims are filed under the law of product liability which hold companies responsible for the production and sale of asbestos-containing products that are known to be dangerous. Mesothelioma patients may bring a personal injury lawsuit or a claim for wrongful death to seek compensation. If a person dies before their mesothelioma claim is settled the estate of the deceased can make a claim for wrongful deaths to hold the party responsible accountable for their loss. A mesothelioma attorney can explain how each lawsuit is handled and the compensation amounts available.

Trial

A mesothelioma case that is successful might not be capable of compensating you or a loved one for the total damage caused by this horrible disease, but it could pay for medical expenses, treatment costs, lost wages, future expenses as well as pain and suffering. A mesothelioma lawyer can help you determine the amount of compensation you are entitled to.

A judge or jury will decide whether the defendants are accountable for causing your mesothelioma and the amount you will be compensated. The jury will listen to testimony, scrutinize evidence, and consider arguments offered by your mesothelioma attorney and the lawyers of the defendants prior to delivering a verdict.

Asbestos survivors, and their families have the right to demand accountability from companies for negligent acts that led to asbestos exposure. The companies must pay for wrongful deaths and compensation for mesothelioma treatment and diagnosis, and also compensation for any future loss.

Your mesothelioma lawyer will meticulously examine your case and determine potential defendants. Your attorney will then file your mesothelioma lawsuit in the proper jurisdiction once the list is made. The jurisdiction is based on where your asbestos exposure occurred and other legal considerations.

After filing, defendants are given the chance to reply. This could take from weeks to a few months. If they don't then you will be awarded the case by default. The next stage is discovery, in which your mesothelioma attorney will gather information and evidence to support the case.

Settlement

A mesothelioma suit seeks compensation for the physical, emotional, and financial losses suffered by the victim. Compensation can include medical expenses, income loss due to treatment-related job restrictions and benefits lost, as well as suffering and pain. Asbestos-related victims may also be eligible for additional compensation based on the nature and the location of their exposure as well as the companies that are involved.

A plaintiff's lawyer for mesothelioma will collect evidence and create an argument in law that they can present to the defendants. To strengthen their case they can ask for documents or provide depositions in person or via videoconference. Once they have built an impressive case, defendants might be willing to settle.

A reputable mesothelioma lawyer would be ready to go to trial should the settlement offer not enough. They will create a stronger case to obtain the most compensation that is possible.

Lawyers who specialize in mesothelioma know with court procedures and know how to handle all steps of an action. They can also assist their clients achieve the most favorable outcome.

The majority of mesothelioma cases end in a settlement instead of an outcome at trial. Trials can be expensive and asbestos companies prefer to avoid trials if they are possible. Settlements also permit victims to receive compensation sooner. Trial verdicts, however, generally provide higher amounts of money. Trials are also lengthy. A mesothelioma lawsuit can be overwhelming to a victim or their family. This is why a mesothelioma attorney is so important to have on your side. Contact a mesothelioma lawyer today to schedule a no-cost consultation.