How the Mesothelioma Claims Process Works
Compensation amounts vary from case to case. Understanding the options for asbestos compensation and the mesothelioma claim procedure is essential.
Companies that went bankrupt and were exposed to asbestos set up trusts to compensate victims. Asbestos trust funds utilize the payment percentages and schedules to calculate how much each asbestos claim is worth.
Gathering Evidence
A person suffering from an asbestos-related disease has the right to pursue compensation. An experienced attorney who specializes in asbestos litigation can help you through the legal process and defend your rights.
Gathering evidence relevant to your claim is a vital first step in a successful asbestos claim. This could include your medical records, employment records and any documentation pertaining to your asbestos exposure. It is crucial that your lawyer has access to these documents to make a convincing case on your behalf.
An attorney for mesothelioma can assist you in finding witnesses to provide additional evidence of your exposure. Asbestos-related diseases like mesothelioma can be caused by exposure to a variety of products containing asbestos over a prolonged period of time.
Your attorney will file a lawsuit on your behalf after they have gathered all the relevant evidence. This is done through a the court or through an asbestos trust. The complaint will detail the facts of your case and allege that the defendants named in the lawsuit committed negligence by selling an item that was unreasonable dangerous for the intended use.
The defendants in asbestos cases will have the opportunity to respond to the initial complaint and provide their evidence. This is referred to as the discovery stage, and includes depositions and interrogatories as well as request for documents. This is an important part of the process because it allows both sides to gather details about the case that they may not have been aware of prior to filing the lawsuit.
During this phase attorneys may also begin to prepare for trial. This could include preparing witnesses to testify about the extent of your or your loved ones exposure and how it caused their disease. An attorney can also prepare arguments that will be presented at trial in the event the parties are unable to reach an agreement during the pre-trial motions.
In many states, an individual must be diagnosed with an asbestos-related condition to receive compensation. You could only have several months based on the statutes of limitations in your state to file a suit for mesothelioma, or another asbestos-related illness.
Making a Claim
After your lawyer has gathered all the evidence required and documentation, they will file a claim with the asbestos trust funds or manufacturers responsible for the exposure. If you are an active military member, your lawyer can also assist you in submitting a claim for disability compensation through the VA. State laws, also known as statutes of limitations impose a time limit within which you can file an asbestos lawsuit. A mesothelioma attorney can make sure that your claim is in compliance with all legal requirements and is submitted in an efficient manner.
After the asbestos lawyers have filed a lawsuit, they will notify the defendants of the lawsuit and request financial compensation. They will claim that asbestos companies are accountable for their asbestos products but failed to warn workers about the dangers. If the defendants agree to an agreement, they must pay the victim that amount. If they are not happy, they can decide to contest the claim and proceed to trial.
Your attorney will do everything in their power to get the best result for your case. Bellflower asbestos lawyer will build a solid case to be successful in your trial or to negotiate a settlement out of court with asbestos companies. The majority of cases are settled outside of court prior to going to trial.
Your attorney may also file a wrongful death claim on behalf of your loved ones who died as a result of an asbestos-related disease. This type of claim could be filed by the estate of an asbestos victim who has passed away to hold asbestos companies responsible for the death of their loved one.
Wrongful death claims are similar to personal injury lawsuits. Your New York mesothelioma attorney will collect the same evidence as they would in a personal injury case however their primary goal is to hold negligent asbestos companies accountable for the death of a victim. The attorneys at Sokolove Law have extensive experience in wrongful death cases and are committed to getting victims the most compensation for their loss.
Negotiating a Settlement
After your lawyer has gathered the evidence and files a claim, liable parties are given the chance to respond. Often, companies involved in the asbestos industry will attempt to discredit your claims. To discredit your claim, they will collect information about your employment and health records or other evidence. Our attorneys are prepared for this and will fight to ensure that you get the highest amount of compensation.
It is not unusual for victims to receive a settlement offer before their case is brought to the court. Some companies negotiate with victims to put the matter behind and avoid negative publicity. They also want to avoid the expense of a long trial and the risk of losing the case. Our mesothelioma lawyers have the experience to assist you in deciding whether or not you want to accept the settlement. Accepting a settlement ends your rights to pursue additional damages in the future and is therefore not something to take lightly.
We can also assist in determining which types of damages you are entitled to. For instance, certain portions of an asbestos settlement could be tax deductible, like punitive damages. Our lawyers can provide a thorough explanation of how tax-deductible damages are calculated and what you can expect from your settlement.
The average asbestos settlement is $1 million or more. It can vary from one case to the next. Our legal team will work to ensure you receive the best amount of compensation that is possible regardless of whether it's through a trust or an insurance settlement.
We can assist you in filing for an VA claim in the event that you were exposed to asbestos while serving in military to receive financial assistance to cover your treatment or other losses. Veterans may also pursue separate mesothelioma lawsuits against the companies that manufactured and sold asbestos-containing products to our military.
We can help you determine whether you are eligible for compensation and submit your claim by the deadlines. Once your lawyer has filed the necessary documents, it's just a matter of time before you receive a settlement from an asbestos trust or an insurance company settlement. If your case is taken to court, it could take a year or more before you receive compensation.
Trial
In the trial phase, attorneys build an effective case prior to going to court. This includes gathering evidence through interrogatories, document requests, depositions and more. A mesothelioma lawyer will prepare to argue your case before a jury or judge.
A successful lawsuit is based on the proof that the defendants owed a duty to care to the victim. This usually means proving that the victim was injured by negligence, like not warning of risks, not using the appropriate safety equipment, or other similar actions. It is also possible to seek punitive damages, which could be awarded in the case of particularly egregious negligence.
The majority of asbestos victims are diagnosed with mesothelioma, or other illnesses resulting from occupational exposure to asbestos. These asbestos-related illnesses can have severe impacts on a person's quality of life and the lives of their relatives. This makes the process of filing a claim particularly important to ensure that families affected receive the financial compensation they are entitled to.
Typically, anyone suffering from an asbestos-related illness must file a mesothelioma claim or lawsuit against the company who exposed them to asbestos. However, some individuals who have been diagnosed with mesothelioma have been exposed outside of the workplace. This can be the case when they are exposed in military facilities or the use of asbestos-containing products within the home. This type of mesothelioma claim differs from other types, and requires the help of an expert mesothelioma lawyer.
A mesothelioma lawyer will collect all the data to confirm the diagnosis. They will also verify that the asbestos-related illness was caused by specific companies or makers involved in your case. After all the data has been taken into account and analyzed, the lawyer will make mesothelioma claims against several companies.
During the course of litigation, asbestos victims have the option to accept, decline or counter any settlement offer. A mesothelioma attorney can advise a client about accepting or refusing a settlement offer but the final decision is ultimately up to the individual victim. If a person refuses to accept an offer of settlement the case will go to trial. As an alternative, mesothelioma patients can apply for compensation via asbestos trust funds.