Mesothelioma Lawyers
Mesothelioma, as well as other asbestos-related diseases usually develop 10 to 50 years after exposure. An attorney for mesothelioma can collect evidence to identify the source of exposure. Many asbestos-related companies have been forced to close due to lawsuits filed 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 partner will determine your eligibility for compensation.
Experienced Lawyers
An attorney who has expertise in asbestos lawsuits can assist you in obtaining the compensation you're entitled to. They will be able determine the best course of action for you and your family, whether it is an injury lawsuit for personal injury or wrongful death lawsuit or asbestos trust claim.
Mesothelioma attorneys are familiar with the different state laws governing limitations of liability and will file your claim as quickly as possible. They are also able to review your work history and military service record to determine the place where your exposure to asbestos occurred. They will utilize this information to assist you in deciding whether to file a successful mesothelioma lawsuit against the asbestos-related companies responsible for your exposure.
Contrary to the class action lawsuits that were common in mesothelioma lawsuits between the 1960s and the 1990s, most of the lawsuits filed today are individual lawsuits on behalf of a single plaintiff. A reputable mesothelioma lawyer will focus on each lawsuit individually and not consider it a "mass tort." For example the lawyers at Early, Lucarelli, Sweeney & Meisenkothen (ELSM) have assisted thousands of people afflicted by asbestos exposure and have won millions in verdicts and settlements for their clients.
A reputable mesothelioma lawyer will be able to assist with VA benefits when you were exposed to asbestos while serving in the United States military. During World War II, hundreds of thousands of Americans were exposed to asbestos because jobs in aircraft manufacturing and shipbuilding required large amounts of asbestos.
A reputable mesothelioma lawyer will be in a position to identify all the defendants in your case, collect evidence, including documents, photos and historical records to show that asbestos companies were negligent and responsible for your mesothelioma, and negotiate an out-of-court settlement. They can assist you in obtaining financial compensation from the defendants for the medical expenses you incurred, your loss of income because you were unable to go to work, and also the discomfort and pain that mesothelioma caused you and your family.
Contingency Fees
Lawyers for mesothelioma patients are on a contingency basis, meaning that you do not pay the law firm until it is successful. Most firms also cover the costs and expenses that are incurred by the client while fighting their case, meaning there aren't any bills. Certain firms charge these fees differently from others, so make sure you ask questions prior to selecting a firm.
To determine the amount of the damages, a lawyer may look over medical records, employment records, and other evidence. They may have to examine long-standing purchase orders as well as locate witnesses, and conduct additional research to demonstrate asbestos exposure. This is a labor-intensive process that requires a significant investment of time and money.
If your lawyers have enough evidence to justify the settlement, they will work with asbestos companies to reach an agreement. If no settlement can be reached the lawyer will prepare for trial. They will gather additional evidence for your case and prepare you for depositions, which will be held in front of company representatives.
In some instances, you may be eligible to receive compensation from an asbestos trust fund. These funds were established by companies that were overwhelmed by lawsuits related to asbestos exposure that they declared bankruptcy. Your lawyer will give you the list of trust funds, and help you choose the one that is right for your case.
Rarely do mesothelioma trials reach an agreement. The majority of defendants settle their cases, rather than risk a huge verdict against them. However, there are a few scenarios where this does not apply, and it is crucial to choose a lawyer who is willing and able to take your case to trial, if needed.
Time Limits
Mesothelioma sufferers have a short window to file a lawsuit against asbestos. These cases must be filed within the state's statute of limitations, which may be as short as one year. A mesothelioma lawyer can assist determine if the statute of limitation 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 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. Since mesothelioma's latency time can last for decades before it manifests, many victims won't know they have a condition until they are in its advanced stages. This is why it is important for patients to file a mesothelioma lawsuit as soon as possible.
There are two types mesothelioma suits: personal injury and wrongful death. Asbestos victims who are still alive can file a personal injury claim to recover compensation from at-fault asbestos companies. However, mesothelioma-related wrongful death claims are filed by estate representatives on behalf of loved ones who passed away from an asbestos-related illness. These claims for wrongful deaths are usually complex, and victims need to take action quickly to avoid the expiration of the statute of limitations.
The majority of mesothelioma cases are settled through settlements of money, rather than going to trial. However, it could take time for plaintiff's and defendant's legal teams to construct their cases through discovery, which entails exchanging information such as statements, witness testimony, supporting medical documents, company records witness interviews and more. A lawsuit that goes to trial can take months or years, based on the strength of the evidence and the number of witnesses. In some states, courts have separate departments for asbestos litigation that can accelerate the process, however, other courts may only consider asbestos cases alongside all other civil lawsuits, which could lead to long delays.
Settlements
The vast majority of mesothelioma cases settle instead of going to trial. The American justice system has been historically sympathetic to victims of corporate greed. This includes those who have been exposed to asbestos. Lawyers can make use of this to negotiate settlements or verdicts on behalf of victims.
Discovery is the initial step in the process of filing a lawsuit. During this phase lawyers can request records from defendants and conduct depositions. Once both sides have exchanged details, a mesothelioma attorney can assist you in establishing your case. This includes obtaining documents and medical records along with other relevant information regarding your exposure to asbestos and mesothelioma diagnosis.
Compensation may be for asbestos victims of companies who exposed them knowingly to mesothelioma. This can be done by filing a personal injury or wrongful death claim. Mesothelioma lawsuits may also contain the demand for compensation from an asbestos trust fund. Many of the companies that were responsible for asbestos exposure are now bankrupt. As a result they have set aside funds to pay future victims of asbestos exposure.
If you decide to file a personal injury or wrongful death claim, your mesothelioma lawyer will determine how much you should be awarded compensation for your losses. This is usually dependent on the age at which you were when diagnosed with mesothelioma, your prognosis and your life expectation, and other aspects. Compensation may be based on non-economic damages, such as suffering and pain.
A loved one or the estate of a victim's estate that has passed away can make a claim for wrongful death. These cases are similar to personal injury claims. However, the statute of limitation is extended.
Trials
Mesothelioma lawsuits result in compensation for victims and their families to cover the cost of treatments that prolong life. Compensation may also help to replace lost income for victims who are incapable of working while receiving treatment. Asbestos sufferers must file a mesothelioma lawsuit early enough to ensure that the statute of limitations does not expire and they receive the maximum compensation.
A mesothelioma-related case may differ depending on the type and history of asbestos exposure, but many follow similar legal procedures. A lawsuit starts with an individual injury claim or wrongful death suit brought by the family members of the victim against asbestos-related companies that could have been responsible for exposure.
The lawyers then conduct a thorough investigation into the asbestos exposure. This includes reviewing medical documents, employer information and other documentation. Lawyers may even need to examine decades-old purchase orders histories, conduct interviews with witnesses and other studies to determine the cause of asbestos exposure. mesothelioma class action lawsuit against multiple defendants to increase the total possible settlement payout.
The majority of asbestos-related lawsuits are settled however some cases go to trial. The plaintiff and the defendant could each have the opportunity to present evidence during the trial. A jury appointed by the court will decide the verdict. Mesothelioma cases can be lengthy and require a lot of study to determine the best course of action.
Veterans with mesothelioma may also be eligible for benefits from the Department of Veterans Affairs. VA benefits are not contingent on a lawsuit and can be more beneficial to the veteran and his or family. In addition, veterans exposed to asbestos during military service can benefit from VA's network of world-class mesothelioma doctors.