Mesothelioma Lawyers
Mesothelioma, as well as other asbestos-related diseases usually develop 10 to 50 years after exposure. A knowledgeable mesothelioma lawyer will gather evidence to determine the source of exposure. Many asbestos-related companies went bankrupt after being hit by lawsuits from victims. Asbestos trust funds were set up to compensate them.
Compensation for victims may be in the form of settlements, VA benefits and trial verdicts. Our law firm's legal team can help you determine if you are eligible for compensation.
Experienced Lawyers
An attorney who has experience in asbestos lawsuits will help you get the compensation you are entitled to. They can help you determine the best course of action for your family and you, whether it is a personal injury lawsuit or wrongful death suit or asbestos trust claim.
Mesothelioma lawyers are knowledgeable of the various laws of each state regarding statutes of limitations and will present your case quickly. They will also be capable of reviewing your work history and military service records to find out where your exposure to asbestos occurred. They will utilize this information to help you in filing a successful mesothelioma lawsuit against the asbestos-related companies responsible for your exposure.
The majority of lawsuits filed nowadays are individual lawsuits filed by one plaintiff, as opposed to the mass actions that were common during the mesothelioma cases in the 1960s and 1990s. A mesothelioma lawyer who is competent will focus on each case and not treat it as a mass tort. For example the lawyers of Early, Lucarelli, Sweeney & Meisenkothen have assisted 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 when shipbuilding and aircraft manufacturing jobs required large quantities of asbestos.
A reputable mesothelioma lawyer will be capable of identifying all the defendants in your case, and gather evidence, including documents, photos and historical records to show that asbestos companies were negligent and at fault for mesothelioma and negotiate a settlement outside of court. They will be able to assist you in obtaining financial compensation from the defendants in order to pay the cost of your medical bills, lost income due to being unable to work and the suffering and pain that mesothelioma caused you and your loved ones.
Contingency Fees
Lawyers for mesothelioma patients operate on a contingency fee which means that you do not pay the law firm until it wins. In addition, most firms cover all client expenses and expenses associated with the process of pursuing your claim, meaning you don't have to pay bills. Certain firms charge these fees differently from others, so be sure you ask questions prior to hiring a company.
To determine the amount of damages, a lawyer will also look over medical records, employment records, and other evidence. They may have to review decades-old purchase order histories, locate witnesses and conduct further studies to establish the asbestos exposure. This is a lengthy and costly process.
If they are able to gather enough evidence, your lawyers will work with asbestos companies to try to negotiate a settlement. If no settlement is reached, your lawyer will prepare for trial. They will prepare you for depositions during which company representatives will examine additional evidence.
In certain cases, you may be eligible to receive compensation from an asbestos trust fund. These are funds that were created by companies who were so overwhelmed with lawsuits related to asbestos exposure that they had to file for bankruptcy. Your lawyer will have a list of these trust funds and will help you find the right one to file a claim.
Rarely do mesothelioma trials come to an agreement. Most defendants are willing to settle rather than face the possibility of a significant verdict against them. There are some situations where this may not be the situation. It is important to choose an attorney that is willing to go through with your case in the event that it is required.
Time Limits
Mesothelioma patients have a limited time to bring a lawsuit against asbestos. These cases must be filed before the statute of limitations in the state which can be as short as one year. A mesothelioma lawyer can assist determine whether the statute of limitations applies to a specific case. The statute of limitations may be affected by the victim's asbestos-exposure location, the place of work as well as their home.
The statute of limitations starts when a patient is diagnosed with mesothelioma, or a different asbestos-related disease. Since mesothelioma's latency time can last for decades before it manifests, many victims won't know they have the disease until they're in its advanced stages. It is crucial that patients make a mesothelioma lawsuit immediately.
There are two types of mesothelioma lawsuits that are personal injury and the wrongful death. Asbestos-related victims who are living may submit a personal injury claim to get compensation from asbestos companies at fault. Estate representatives file mesothelioma lawsuits on behalf of average settlement for mesothelioma lawsuits loved ones who died due to asbestos-related diseases. These claims for wrongful deaths are complicated and the victims must be quick to stay out of the time limit expiring.
Most mesothelioma lawsuits resolve in financial settlements instead of trials. It can take some time for the legal team to construct 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 can last for months or even years, depending on the quality of evidence and the number of witnesses. In certain states, asbestos litigation is handled by a dedicated department. This could accelerate the process. However, other courts will be able to hear asbestos cases as well as all other civil lawsuits.
Settlements
The vast majority of mesothelioma lawsuits 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 to asbestos. Lawyers can utilize this to negotiate settlements, or even win verdicts for the victims.
Discovery is the first step in a lawsuit. During this phase, lawyers can ask for documents from defendants as well as conduct depositions. A mesothelioma lawyer can assist you create a case after both sides have provided their details. This includes gathering medical records, documents and other relevant details of your asbestos exposure as well as your mesothelioma diagnosis.
Asbestos victims may be entitled to compensation from companies that knowingly exposed them to mesothelioma. This can be done by filing a personal injury or wrongful death claim. Mesothelioma lawsuits may also contain a request for damages from an asbestos trust fund. This is because a lot 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 wrongful death claim the mesothelioma lawyer you hire will determine how much you should be awarded compensation for your losses. This is usually determined by how old you were at the time of being diagnosed with mesothelioma, your prognosis and your life expectancy, as well as other factors. Compensation can also be based on non-economic damages, such as suffering and pain.
Wrongful death claims are filed by an estate or a loved one of the deceased victim. These cases are similar in nature to personal injury claims. However, the statute of limitation is tolled.
Trials
Mesothelioma suits result in compensation for victims and their families to pay for treatment that extend their lives. Compensation can also cover the loss of income when a victim is out of work receiving treatment. Asbestos victims must file a mesothelioma lawsuit as soon as possible to ensure the statute of limitations doesn't run out and they receive the highest amount of compensation.
A mesothelioma-related case may differ depending on the type and background of asbestos exposure, however, many follow similar legal procedures. A lawsuit begins with a personal injury or wrongful death claim brought by a victim or their relatives against asbestos companies that may have contributed to the exposure.
Lawyers then conduct an extensive investigation into the asbestos exposure. This may involve studying medical records, employer information, and other records. Lawyers might need to conduct interviews with witnesses, examine the purchase orders of decades old and do other studies to determine the source of asbestos exposure. Mesothelioma lawyers typically file multiple lawsuits against defendants to maximize the settlement payout.
The majority of asbestos-related lawsuits are settled, but some cases go to trial. Both the plaintiff and the defendant may present evidence at trial. A jury appointed by the court will decide the verdict. Mesothelioma trials can be lengthy and require a great deal of research in order to prepare.
Veterans with mesothelioma may also be able to receive benefits from the Department of Veterans Affairs. VA benefits are not contingent on a lawsuit, and could be more beneficial for the veteran and his or her family. In addition, those exposed to asbestos during military service can benefit from VA's world-class mesothelioma doctors.