Mesothelioma Lawyers
Mesothelioma and other asbestos-related illnesses usually develop 10 to 50 years after exposure. An attorney for mesothelioma can collect evidence to determine the source of exposure. Many asbestos companies have gone bankrupt due to lawsuits brought by victims. Asbestos Trust funds were set up to compensate victims.
Compensation for victims could be offered in the form of settlements, VA benefits and trial verdicts. The legal team at our law firm partners can determine your eligibility for compensation.
Experienced Lawyers
An attorney who has expertise in asbestos lawsuits can help you get the compensation you're entitled to. It doesn't matter if it's a personal injury or wrongful death lawsuit or asbestos trust fund claim they will be able to determine what the best option is for you and your family.
Mesothelioma lawyers are knowledgeable of the various laws of each state regarding statutes of limitation and will present your case promptly. They will also be capable of reviewing your work background and military record to find out the place where your exposure to asbestos occurred. This information will be used to help you win a mesothelioma case against asbestos-related companies that exposed you.
Most of the lawsuits currently are individual lawsuits brought by a single plaintiff, as in contrast to the class actions that were common during the mesothelioma lawsuits between the 1960s-1990s. A good mesothelioma lawyer will be able to focus on each case and not treat it as an alleged mass tort. For example, the attorneys of Early, Lucarelli, Sweeney & Meisenkothen have helped thousands who have been affected by asbestos exposure. They have also secured millions for their clients through verdicts and settlements.
A reputable mesothelioma lawyer will also help you get VA benefits if the exposure occurred while in the United States Military. During World War II, hundreds of thousands of Americans were exposed to asbestos as shipbuilding and aircraft manufacturing jobs required large amounts of asbestos.
A reputable mesothelioma lawyer will be able to identify all of the defendants in your case, gather evidence, including documents, photos and historical records to prove that asbestos companies were negligent and at fault for the mesothelioma you suffered, and negotiate a settlement outside of court. They can assist you in obtaining financial compensation from the defendants to cover your medical expenses, your loss of income because you were in a position that you are unable to work, as well as the discomfort and pain that mesothelioma brought to you and your family.
Contingency Fees
Lawyers for mesothelioma victims work on a contingency basis which means that you will not pay the law firm until it is successful. Additionally, the majority of firms cover all client expenses and other expenses incurred in the process of pursuing your claim, meaning you don't pay any bills. Some firms charge these costs differently than others, so make sure you ask questions prior to hiring a company.
To determine the extent of damages, a lawyer will also look over medical records, employment records, and other evidence. They may have to look at long-standing purchase orders, track down witnesses, and conduct additional studies to establish the asbestos exposure. This is a labor-intensive procedure that requires a significant amount of time and money.
If they have sufficient evidence, your lawyers will work with the asbestos companies to to reach a settlement agreement. If a settlement is not reached, your lawyer will prepare you for trial. They will gather additional evidence for your case and prepare you for depositions, which will be in front of company representatives.
In some instances you may be able to receive compensation from an asbestos trust fund. These funds were created by companies that were so overwhelmed by lawsuits relating to asbestos exposure that they declared bankruptcy. Your lawyer will have a list of these trust funds and can help you find the right one to file a claim with.
Rarely do mesothelioma trials reach an agreement. Most defendants are willing to settle instead of facing the possibility of a large verdict against them. However, there are some circumstances where this doesn't occur, which is why it is crucial to select a lawyer who is ready and willing to pursue your case all the way through trial if necessary.
Time Limits
Mesothelioma sufferers have a short time frame to file an asbestos lawsuit. These cases must be filed prior the statute of limitations in the state which could be as short as a year. A mesothelioma lawyer will help determine if the statute of limitation applies to a specific case. The statute of limitations could be affected by the victim's exposure to asbestos location, their jobsite, and their residence.
The statute of limitation begins when a victim is diagnosed with mesothelioma, or any other asbestos-related illness. Because mesothelioma's latency period can take decades to manifest, many victims won't know they have a disease until they're in its advanced stages. This is why it is crucial for victims to file a mesothelioma lawsuit as soon as possible.
There are two types of mesothelioma lawsuits that are personal injury and wrongful deaths. Asbestos victims who are alive can submit a personal injury claim to receive compensation from asbestos companies that are at fault. Estate representatives file mesothelioma lawsuits on behalf of loved ones who have passed away from asbestos-related illnesses. These claims for wrongful death are often complicated, and victims must act quickly to avoid statute of limitations expiration.
The majority of mesothelioma lawsuits settle in financial settlements rather than trials. However, it could take time for lawyers of the plaintiff and defendant to build their cases through discovery, which entails exchanging information such as statements witnesses' testimony, medical documents, company records witness interviews and more. Trials can last for months or years, depending on the strength and number of witnesses. In some states, courts have dedicated departments for asbestos litigation that can speed up the process, however, other courts may only hear asbestos cases in conjunction with all other civil lawsuits which can lead to lengthy delays.
Settlements
The vast majority of mesothelioma cases end up settling instead of going to trial. The American courts have been historically supportive of the victims of corporate greed. This includes those who were exposed asbestos. Lawyers can use this to negotiate settlements or win verdicts for victims.
Lawsuits begin with a process called discovery. In this stage lawyers may request records from defendants and conduct depositions. A mesothelioma lawyer can help you develop a case after both parties have provided their information. This includes gathering medical records, documents and other pertinent details about your asbestos exposure and your mesothelioma diagnosis.
Asbestos victims may be entitled to compensation from companies that have knowingly exposed them to mesothelioma. You can do this by filing a claim to recover personal injury or wrongful death. Mesothelioma lawsuits can also contain claims for damages from the asbestos trust fund. This is because many of the companies that are responsible for asbestos exposure have been unable to pay their bills. In the aftermath, they have set aside funds to compensate the future asbestos exposure victims.
Whether you file a personal injury or wrongful death claim, your mesothelioma lawyer will determine how much you'll receive in compensation for your losses. This is typically determined by how old you were when diagnosed with mesothelioma. It also depends on your prognosis and life expectancy, and other factors. Compensation can be determined by other damages, such as suffering and pain.
In the case of wrongful death, claims are made by an estate or a loved one of the deceased victim. These cases are similar to personal injury claims. However, the statute of limitation is shortened.
Trials
Mesothelioma lawsuits result in compensation to help victims and their families pay for life-long mesothelioma treatment. Compensation can also cover lost income for those not able to work during treatment. Asbestos sufferers should file a mesothelioma lawsuit as soon as they can to ensure that the statute of limitations does not expire and they are awarded the most compensation.
A mesothelioma case varies based on the kind of case and the history of asbestos exposure, but most follow similar legal procedures. A lawsuit starts with a personal injury or wrongful death claim made by the victim or family members against asbestos companies that may have contributed to the exposure.
The lawyers then conduct an in-depth investigation into the asbestos exposure. This may include looking over medical records, information regarding the employer and other documents. Lawyers may have to conduct interviews with witnesses, examine old purchase orders from decades ago and conduct other studies to determine the cause of asbestos exposure. Mesothelioma lawyers typically file multiple lawsuits against defendants to maximize the potential settlement payout.
Many asbestos-related lawsuits end in settlements, however a few cases are able to go to trial. The plaintiff and the defendant may both be able to present evidence at trial. However, a jury appointed by the court will decide the outcome. Mesothelioma trials are long and require a great deal of research 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 average mesothelioma lawsuit settlements a lawsuit, and they may provide more assistance to the veteran and their families. Additionally, veterans exposed to asbestos during military service can benefit from VA's world-class mesothelioma doctors.