Mesothelioma Lawyers
Mesothelioma and other asbestos-related diseases often develop 10-50 years after exposure. A mesothelioma attorney can gather evidence to determine the source of exposure. Many asbestos companies went under after being hit with lawsuits from victims. Asbestos Trust funds were set up to compensate victims.
Compensation for victims can be in the form VA benefits, settlements, and trial verdicts. Our law firm's legal team can help you determine whether you are qualified to receive compensation.
Experienced Lawyers
An attorney who has experience in asbestos lawsuits will help you receive the compensation you're entitled to. They will be able determine the best course of action for you and your family members, whether it is an injury lawsuit for personal injury or wrongful death lawsuit or asbestos trust claim.
Mesothelioma lawyers are well-versed in the various state laws that govern limitations on liability and will submit your claim in a timely fashion. They will also be in a position of reviewing your military service and your work background to determine if you were exposed to asbestos. This information will be used to help win a mesothelioma case against asbestos-related companies that exposed you.
In contrast to the class action lawsuits that were common in mesothelioma litigation between the 1960s and the late 1990s, the majority of lawsuits filed today are single lawsuits filed on behalf of a single plaintiff. A good mesothelioma lawyer will be able to focus on each case and not treat it as an alleged mass tort. For example the lawyers of Early, Lucarelli, Sweeney & Meisenkothen have assisted thousands of people who have been affected by asbestos exposure. They also have won millions for their clients through settlements and verdicts.
A good mesothelioma lawyer can assist you in obtaining VA benefits if your exposure occurred while you were serving in the United States Military. Hundreds of thousands of veterans were exposed to asbestos in the United States during World War II when shipbuilding, aircraft manufacturing and other military jobs required huge quantities of asbestos.
A reputable mesothelioma lawyer will be able to identify all of the defendants in your case, and gather evidence including documents, photos and historical records to prove that asbestos companies were negligent and responsible for the mesothelioma you suffered, and negotiate an out-of-court settlement. They will be able to help you obtain financial compensation from the defendants in order to pay your medical expenses, loss of income due to being unable to work and the pain and suffering mesothelioma caused you and your loved family members.
Contingency Fees
Lawyers representing mesothelioma sufferers work on a contingency basis, meaning that you do not pay the law firm unless it is successful. Most firms also cover all costs and expenses incurred by the client in fighting their case, meaning there are no bills. Certain firms charge these fees differently from others, so be sure you ask questions prior to hiring a company.
A lawyer will also look over your medical documents, employment records and other evidence to determine the extent of your damages. They might need to review the purchase order history of decades ago, track down witnesses and conduct further research to demonstrate asbestos exposure. This is a time-consuming and resource-intensive procedure.
If they are able to gather sufficient evidence the lawyers will work with the asbestos companies to try to reach a settlement agreement. If a settlement can't be reached, then your lawyer will prepare you for trial. They will prepare you for depositions where company representatives will examine additional evidence.
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 regarding asbestos exposure, that they declared bankruptcy. Your lawyer will have a list of these trust funds and will help you locate the right one to file a claim with.
Ultimately, it is rare that mesothelioma cases reach trial. Most defendants are willing to settle their case rather than facing the possibility of a significant verdict against them. However, there are instances when this may not be the situation. It is essential to choose an attorney that will work with your case if it is necessary.
Time Limits
Mesothelioma victims have a limited time frame to file an asbestos lawsuit. The cases must be filed before the statute of limitations in the state which can be as short as one year. A mesothelioma lawyer can help determine how the statute of limitations applies to a specific 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 begins when a patient discovers they have mesothelioma or another asbestos-related illness. Since mesothelioma's latency time can take decades to manifest and many sufferers don't realize they have the disease until they are in its later stages. It is crucial that patients start a mesothelioma case as soon as they are able to.
There are two types of mesothelioma lawsuits which are personal injury and the wrongful death. Asbestos-related victims who are living can submit a personal injury claim to recover 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 diseases. These claims for wrongful deaths are complicated and the victims must act quickly in order to keep the statute of limitations from expiring.
The majority of mesothelioma cases are settled through financial settlements, rather than going to trial. It can take time for the plaintiff and defendant's legal team to construct their case through discovery. This involves exchanging information, like witness testimony and medical records, supporting documents as well as company documents and witness interviews. A lawsuit that goes to trial could be a long time or years, based on the quality of evidence and the number of witnesses. In some states, asbestos litigation is handled by a specific department. This can speed up the process. However other courts can be able to hear asbestos cases as well as all other civil lawsuits.
Settlements
The vast majority of mesothelioma cases settle rather than going to trial. The American court system has historically been sympathetic to victims of corporate greed, particularly those who were exposed to asbestos. Lawyers are able to utilize this to negotiate settlements and win verdicts in favor of the victims.
Lawsuits begin with a process known as discovery. In this phase lawyers can request documents from defendants as well as conduct depositions. After both sides have shared information, a mesothelioma attorney can assist you in establishing mesothelioma class action lawsuit your case. This includes obtaining medical and legal documents along with other relevant details about your exposure to asbestos and mesothelioma diagnoses.
Compensation is for asbestos victims of companies who exposed them knowingly to mesothelioma. This is done by filing an injury claim or wrongful death claim. Mesothelioma lawsuits can also include an application for compensation from an asbestos trust fund. Many of the companies responsible for asbestos exposure are now bankrupt. In the aftermath they have set aside funds to compensate future victims of asbestos exposure.
The mesothelioma lawyer you choose to work with will determine the amount of compensation you'll be awarded for your losses, regardless of whether you file an action for personal injuries or the cause of death. This is typically dependent on the age at which you were diagnosed with mesothelioma and other factors, like your prognosis, life expectancy, and other factors. Compensation may be based on other damages, like suffering and pain.
A loved one or the estate of a victim's estate that has died can make a claim for the cause of death. These cases are similar in nature to personal injury claims. However the statute of limitations is extended.
Trials
Mesothelioma lawsuits can result in compensation to help victims and their families pay for life-extending mesothelioma-related treatments. Compensation can also cover the loss of income when a patient is not working while receiving treatment. Asbestos patients should file a mesothelioma claim as soon as they can to ensure that the time limit does not expire and they get the maximum amount of compensation.
A mesothelioma case varies based on the type of case and asbestos exposure history, but most follow the same legal procedures. A lawsuit starts with a personal injury claim or wrongful death claim filed by a victim or their family members against asbestos companies that may have contributed to the exposure.
The lawyers then conduct a thorough investigation into the asbestos exposure. This may include looking through medical records, details regarding the employer and other documentation. Lawyers may need to conduct interviews with witnesses, review decades-old purchase orders and do other investigations to determine the source asbestos exposure. Mesothelioma lawyers often present claims against multiple defendants in order to increase the potential settlement amount.
Many asbestos-related lawsuits are settled with settlements, but some cases go to trial. Both the plaintiff as well as the defendant are able to present evidence during trial. A court-appointed juror will determine the verdict. Mesothelioma cases are lengthy and require a lot of study to determine the best course of action.
While lawsuits are the most frequent method of compensation for mesothelioma, veterans with mesothelioma can also seek benefits from the Department of Veterans Affairs. VA benefits do not require a lawsuit, and they could provide more support to the veteran and their families. Veterans who were exposed to asbestos during their time in the military may also benefit from the VA network of top-notch mesothelioma specialists.