Mesothelioma Lawyers
Mesothelioma and other asbestos-related diseases usually develop 10 to 50 years after exposure. A mesothelioma attorney can 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 established to compensate victims.
Compensation for victims may be in the form of VA benefits, settlements, and trial verdicts. The legal team of our partner law firm can determine your eligibility for compensation.
Experienced Lawyers
A lawyer who is experienced in asbestos lawsuits will be able to assist you in getting the compensation you are entitled to. It doesn't matter if it's an injury claim, wrongful death lawsuit, or a claim for asbestos trust fund, they can determine the best option is for you and your family.
Mesothelioma lawyers are knowledgeable of various state laws regarding statutes of limitation and will present your case in a timely manner. They are also in a position to review your military service and your work background to determine if you were exposed to asbestos. They will use this information to assist you in deciding whether to file a successful mesothelioma lawsuit against the asbestos companies responsible for your exposure.
Unlike the class action lawsuits that were common in mesothelioma litigation from the 1960s and the late 1990s, most of the lawsuits filed today are single lawsuits filed on behalf of a single plaintiff. A reputable mesothelioma law firm will concentrate on each individual lawsuit and not consider it an "mass tort." For example, the attorneys at Early, Lucarelli, Sweeney & Meisenkothen (ELSM) have helped thousands of individuals impacted by asbestos exposure and have won millions of dollars in settlements and verdicts for their clients.
A good mesothelioma lawyer can assist you in obtaining VA benefits if the exposure occurred while working 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 massive amounts of asbestos.
A reputable mesothelioma lawyer will be able identify all defendants in your case. They will also collect evidence, like documents, photos, and historical records, to prove that asbestos companies are negligent and responsible for your mesothelioma. In addition, they will negotiate an out of court settlement. They will be able to help you obtain financial compensation from the defendants to cover your medical expenses, lost income due to being unable to work and the pain and suffering mesothelioma caused you and your loved ones.
Contingency Fees
Lawyers who represent mesothelioma patients are on a contingency basis, which means that you don't pay unless the firm is successful. In addition, most firms will cover all costs and expenses related to pursuing your claim, so you don't pay any bills. Certain firms charge these fees differently than others, so make sure to ask before selecting a firm.
A lawyer will also examine your medical records, employment records and other records to determine the extent of your damages. They may have to examine the purchase order history of decades ago as well as locate witnesses and conduct further research in an effort to prove asbestos exposure. This is a labor-intensive procedure that requires a substantial investment of time and money.
Once your lawyers have enough evidence to support a settlement and negotiate with asbestos companies to reach an agreement. If a settlement cannot be reached, your lawyer will prepare you for trial. They will prepare you for depositions during which representatives from the company will review additional evidence.
In certain cases, you could be eligible for compensation from an asbestos trust funds. These funds were created by companies that were overwhelmed by lawsuits related to asbestos exposure, that they declared bankruptcy. Your lawyer can give you the trust fund list and assist you in choosing the one that is right for your claim.
In the end, it's rare that mesothelioma cases reach trial. In general, defendants settle their cases, rather than risk a large verdict against them. However, there are certain scenarios where this does not occur, which is why it is crucial to choose a lawyer who is willing and able to pursue your case to trial if necessary.
Time Limits
Mesothelioma patients have a short time to file a lawsuit against asbestos. The cases must be filed prior to the statute of limitations in the state, which may be as short as one year. A mesothelioma lawyer can help determine whether the statute of limitations applies to a particular case. The location of exposure to asbestos for a victim's, jobsite and residence could all impact the statute of limitations.
The statute of limitation begins when a victim is diagnosed with mesothelioma, or any other asbestos-related illness. Many victims will not know they suffer from the disease until it is in its advanced stages due to mesothelioma's latency period. It is essential that victims start a mesothelioma case as soon as they can.
There are two types of mesothelioma lawsuits: personal injury and the wrongful death. Asbestos victims who are living may file a personal injury claim to receive 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 wrongful death cases are complex and the victims must act quickly in order to avoid the statute of limitations expiring.
The majority of mesothelioma cases are settled through financial settlements, rather than going to trial. However, it can take a while for the plaintiff's and defendant's legal teams to establish their case by way of discovery, which includes exchanging information such as statements witnesses' testimony, medical documents, company records witness interviews, and more. A lawsuit that goes to trial may last for months or even years, based on the strength of evidence and number of witnesses. In some states, courts have designated departments for asbestos litigation, which can accelerate the process, however other courts may only hear asbestos cases alongside all other civil lawsuits which can lead to lengthy delays.
Settlements
The vast majority of mesothelioma cases settle rather than go to trial. The American court system has historically been a benefactor to victims of corporate greed, particularly those who were exposed to asbestos. Lawyers have the ability to make use of this to negotiate settlements and verdicts for victims.
The process of bringing a lawsuit begins with a step known as discovery. In this phase lawyers may request records from defendants and conduct depositions. Once both sides have shared information, a mesothelioma attorney can assist you in establishing your case. This includes gathering medical and legal documents, as well as other relevant information regarding your asbestos exposure and mesothelioma diagnoses.
Asbestos victims may be eligible for compensation from companies who knowingly exposed them to mesothelioma. This can be accomplished by filing an injury-related personal or wrongful death claim. Mesothelioma lawsuits may also contain a request for compensation from an asbestos trust fund. This is due to the fact that many of the companies responsible for asbestos exposure have been unable to pay their bills. As a result they have set aside funds to compensate future victims of asbestos exposure.
Your mesothelioma lawyer will determine the amount of compensation you will be awarded for your losses, regardless whether you have an action for personal injuries or wrongful deaths. This is typically based on your age when you were diagnosed with mesothelioma, as well as other factors, such as your prognosis, life expectancy and other factors. Compensation may be based on non-economic damages, like suffering and pain.
A loved one or the estate of a victim who has passed away may file a claim for wrongful death. These cases are similar to personal injury claims, but the statute of limitations is tolled, meaning that it does not expire until the date of death.
Trials
Mesothelioma lawsuits result in compensation to help the victims and their families pay for life-extending mesothelioma treatment. Compensation can also cover the loss of income while a victim is out of work receiving treatment. Asbestos victims must file a mesothelioma lawsuit as soon as they can to ensure the statute of limitations is not over and they lawsuits for mesothelioma get the maximum amount of compensation.
A mesothelioma suit 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 or wrongful death claim made by the victim or family members against asbestos-related companies that may have contributed to the exposure.
Lawyers then conduct an extensive investigation into the asbestos exposure. This involves looking over medical documents, employer information and other records. Lawyers may even need to examine decades-old purchase orders histories, conduct interviews with witnesses, and other investigations to determine the cause of asbestos exposure. Mesothelioma lawyers often file claims against multiple defendants to increase the possible settlement payout.
The majority of asbestos-related lawsuits are settled but certain cases go to trial. The plaintiff and defendant may both have a chance to present evidence at trial. A jury appointed by the court will decide on the verdict. Mesothelioma cases are lengthy and require a lot of research to prepare.
Veterans with mesothelioma may also be eligible for benefits from the Department of Veterans Affairs. VA benefits do not require the filing of a lawsuit, but they can provide greater assistance to the individual and their family. Veterans who were exposed to asbestos during their time in the military may also benefit from the VA network of top mesothelioma specialists.