Mesothelioma Lawyers
Mesothelioma and other asbestos-related diseases often develop 10-50 years after exposure. A knowledgeable mesothelioma lawyer will gather evidence to determine the source of exposure. Many asbestos companies went under after being hit by lawsuits from victims. Asbestos Trust funds were created to compensate victims.
Compensation for victims can be in the form of VA benefits, settlements, and trial verdicts. The legal team at our law firm partners can determine your eligibility for compensation.
Experienced Lawyers
A lawyer who has expertise in asbestos lawsuits can assist you in obtaining the compensation you deserve. It doesn't matter if it's a personal injury or wrongful death lawsuit or an asbestos trust fund claim they can determine what the most effective course of action is for you and your family.
Mesothelioma lawyers are knowledgeable of different state laws regarding statutes of limitation and will present your case quickly. They will also be capable of reviewing your work history and military service record to find out where your exposure to asbestos occurred. This information will be used to help you win a mesothelioma case against the asbestos companies that exposed you.
Contrary to the class action lawsuits that were common in mesothelioma litigation from the 1960s and the 1990s, most of the lawsuits filed today are single lawsuits filed on behalf of a single plaintiff. A mesothelioma lawyer who is competent will concentrate on each case and not treat it as an alleged mass tort. For instance, the attorneys of Early, Lucarelli, Sweeney & Meisenkothen have assisted thousands who have been affected by asbestos exposure. They have also secured millions for their clients in verdicts and settlements.
A good mesothelioma lawyer can assist you in obtaining VA benefits if the exposure occurred while you were working in the United States Military. In World War II, hundreds of thousands of Americans were exposed to asbestos as jobs in aircraft manufacturing and shipbuilding required large amounts of asbestos.
A good mesothelioma lawyer will be in a position to identify all the defendants in your case, collect evidence, including documents, photos and historical records to prove that asbestos companies were negligent and responsible for your mesothelioma, and negotiate an out-of-court settlement. They can assist you in obtaining financial compensation from the defendants for the medical expenses you incurred, your loss of income as a result of being not able to work, as well as the pain and discomfort that your mesothelioma caused you and your family.
Contingency Fees
Lawyers who represent patients with mesothelioma work on a contingent basis, which means you don't have to pay until the firm is successful. The majority of firms cover all costs and expenses that are incurred by the client while the process of pursuing their claim, meaning there are no bills. Certain firms bill fees differently than others and you should inquire about the specifics prior to hiring a company.
A lawyer will also look over your medical documents, employment records and other records to determine the extent of your damage. They might need to examine the purchase order history of decades ago, locate witnesses and conduct further research in an effort to prove asbestos exposure. This is a lengthy and resource-intensive procedure.
If your lawyers have enough evidence to be able to support the settlement they will negotiate with asbestos companies in order to reach an agreement. If a settlement is not reached, your lawyer will prepare you for trial. They will prepare you for depositions during which company representatives will examine additional evidence.
In certain cases you may be able to receive compensation from an asbestos trust fund. These funds were set up by companies that were overwhelmed by lawsuits regarding asbestos exposure that they filed bankruptcy. Your lawyer will give you the trust fund list and help you select the one that is right for your case.
In the end, it's rare mesothelioma cases go to trial. Generally, defendants will agree to settle rather than face the possibility of a significant verdict against them. However, there are a few circumstances where this doesn't occur, which is why it is crucial to choose a lawyer who is prepared and willing to take your case all the way through trial, if needed.
Time Limits
Mesothelioma patients have a short time to bring a lawsuit against asbestos. The cases must be filed prior the statutes of limitations of the state which could be as short as a year. A mesothelioma lawyer can assist determine whether the statute of limitations applies to a particular case. The location of exposure to asbestos for a victim's or jobsite, as well as the location of their residence can all affect the statute of limitations.
The statute of limitations kicks in when a patient discovers they have mesothelioma or another asbestos-related illness. Because mesothelioma's latency period can last for decades before it manifests most patients don't even realize they have the disease until they're in later stages. It is crucial that patients make a mesothelioma lawsuit immediately.
There are two types of mesothelioma lawsuits that are personal injury and wrongful death. Asbestos survivors who are still alive can file a personal injury claim to recover compensation from asbestos companies that are at fault. However, mesothelioma-related wrongful death claims are filed by estate attorneys on behalf of loved ones who passed away from an asbestos-related illness. These cases of wrongful death are extremely complex and the victims must be quick to avoid the statute of limitations expiring.
Most mesothelioma cases settle through settlements of money, rather than going to trial. It may take a while for the legal team to build their case through discovery. This involves exchanging information like witness testimony, supporting documents, medical records as well as company documents and witness interviews. A lawsuit that goes to trial may take months or years, depending on the strength of the evidence and the number of witnesses. In some states, courts have separate departments for asbestos litigation that can speed up the process, however, other courts might only consider asbestos cases alongside all other civil lawsuits which could lead to long delays.
Settlements
The vast majority mesothelioma cases settle rather than go to trial. The American court system is historically tolerant of victims of corporate greed. This includes those who were exposed to asbestos. Lawyers are able to utilize this to negotiate settlements, and even win verdicts in favor of the victims.
The process of bringing a lawsuit begins with a step known as discovery. During this phase lawyers may request documents from defendants and take depositions. Once both sides have shared details, a mesothelioma attorney can assist you in establishing your case. This includes gathering documents and medical records and other relevant details about your exposure to asbestos and mesothelioma diagnoses.
Asbestos-related victims could be eligible for compensation from companies that knowingly exposed them to mesothelioma. This is done by filing an injury claim or wrongful death claim. Mesothelioma lawsuits can also include a request for damages from an asbestos trust fund. This is because many of the companies responsible for asbestos exposure have been unable to pay their bills. They have therefore put aside money to pay future asbestos victims.
If you decide to file a personal injury or mesothelioma lawsuit deadline wrongful death claim Your mesothelioma lawyer will determine how much you'll receive in compensation for your losses. This is usually based on your age when you were diagnosed with mesothelioma as well as other factors, like your prognosis, your life expectancy and other factors. Compensation may be based on non-economic damages, such as pain and suffering.
Wrongful death claims are filed by the estate or loved ones of a deceased victim. These cases are similar to personal injury claims, however, the statute of limitations is extended, which means that it doesn't expire until the date of death.
Trials
Mesothelioma lawsuits are a way to get compensation to help the victims and their families pay for life-extending mesothelioma-related treatments. Compensation also can cover lost income when a patient is unable to work while receiving treatment. Asbestos victims must file a mesothelioma lawsuit as soon as they can to ensure the time limit does not expire and they receive the highest compensation.
A mesothelioma suit varies based on the type of case and the history of asbestos exposure however, most follow similar legal procedures. A lawsuit begins with an individual injury claim or wrongful death suit filed by the relatives of the victim against asbestos-related companies that may have been responsible for exposure.
Lawyers then conduct an extensive investigation into the asbestos exposure. This may involve studying medical records, employer information, and other documentation. Lawyers might need to conduct interviews with witnesses, review the purchase orders of decades old and do other studies to determine the source of asbestos exposure. Mesothelioma lawyers typically present claims against multiple defendants to increase the possible settlement payout.
Many asbestos-related lawsuits end in settlements, however a few cases do go to trial. Both the plaintiff and defendant may present evidence at trial. A juror appointed by the court will decide the verdict. Mesothelioma trials are long and require a lot of research in order to prepare.
While lawsuits are the most common method of mesothelioma compensation those suffering from mesothelioma are also able to pursue benefits from the Department of Veterans Affairs. VA benefits do not require a lawsuit, and they could provide more support to the individual and their family. In addition, veterans exposed to asbestos during military service can benefit from the VA's network of world-class mesothelioma doctors.