Quiz: How Much Do You Know About Asbestos Exposure Lawsuit Settlements?
Asbestos Lawsuit Settlements
Asbestos victims receive compensation for medical expenses as well as lost wages in the event that they can't work, as well as non-economic damages such pain and suffering. A variety of factors affect settlement amounts depending on the severity of an asbestos-related illness and the length of exposure.
An attorney prepares an asbestos lawsuit by gathering details about the medical history of the victim and work history as well as asbestos-related products they were exposed to. The lawsuit could end with either a settlement or trial.
Statute of limitations
In the case of lawsuits, the statute of limitations is a significant piece of legislation that imposes a deadline on the date a person can bring a lawsuit against the person responsible for an injury or death. The statute of limitations differs by state and type of claim. In most personal injury cases the clock on the statute of limitations begins ticking when a person is injured. Asbestos claims are different, due to the latency period between exposure and the appearance of symptoms, such as mesothelioma or asbestosis. This has led to a special set of rules applicable to these cases, known as the discovery rule.
Because the statute of limitations for asbestos-related cases could be more complicated than other personal injury claims, it's best to consult a mesothelioma lawyer immediately after diagnosis to review your situation. An experienced attorney will determine if the time limit has passed in your particular case and suggest alternative methods to receive compensation, including asbestos trust fund claims and veterans benefits.
If you have been employed in multiple states during your career and the statutes of limitations for each state has expired, then you might be able to file under a jurisdiction which has a longer statutory filing period. This could be due to the location of your job, where you lived in the time you were exposed to asbestos, or the companies that may be responsible for your asbestos exposure all factor into the statute of limitations applicable to your situation.
It is important to consult with a mesothelioma attorney as early as you can should you be thinking of making a claim against asbestos. The lawyers at the mesothelioma law firm of Williams & Wilkinson can provide you with an evaluation of your case and help you determine the best options for filing a lawsuit in order to receive fair financial compensation for your losses.
A successful mesothelioma or another asbestos lawsuit could compensate you for medical expenses, lost wages, funeral and burial expenses and other monetary damages caused by the exposure to asbestos. To maximize the value of your case, a knowledgeable lawyer will help you through every step of the legal process from beginning to the end.
Exposure to Asbestos
Asbestos is extensively used in household products, auto parts and construction materials. As time passes, asbestos may be broken down into tiny fibers that are easily inhaled when exposed to air. When asbestos fibers in the air get into the lungs, they can become lodged in lung tissue causing serious health problems such as mesothelioma, among other respiratory illnesses. The exposure to asbestos can cause lung scarring known as asbestosis.
Mesothelioma patients can be awarded compensation to cover medical bills, lost income and other costs. However, the process of proving asbestos exposure can be long and complicated. It requires a thorough review of medical records, employment histories and other records. A skilled attorney can help identify and analyze the needed evidence to win an action.
In the majority of cases, asbestos exposed victims may make a claim for personal injury against the company that caused their exposure. A mesothelioma attorney can prepare the necessary paperwork and submit it to court approval. The defendant's attorney will then prepare and respond to any evidence requests from the plaintiff.
In some cases, victims or their attorneys may decide a trial is needed. A trial can take more time, but it will allow the defendant to show that their actions contributed to the victim's illness. A seasoned NYC mesothelioma lawyer can handle all of the details involved in a trial and ensure that the plaintiff is prepared to be a witness.
Some victims do not live long enough to complete their trials. If a mesothelioma sufferer dies before the case is settled, the surviving family members may file a wrongful death lawsuit to recover compensation for funeral expenses and other damages.
Medical Treatment
In cases where asbestos exposure results in an illness such as mesothelioma, a person could receive compensation to pay for medical expenses as well as lost income. Families of victims may be entitled to compensation for funeral expenses and other financial losses.
Contact a mesothelioma lawyer who is experienced to discuss filing a suit. Attorneys can assist in gathering evidence and establishing a case to hold companies accountable. A court case may take months or even years depending on the nature of the mesothelioma case and the circumstances.
There are two types of mesothelioma lawsuits that individuals can file: personal injury and trust fund claims. In a personal injury lawsuit the lawyer for the plaintiff will file the suit on behalf the victim and then take on the defendant, usually an employer from the past or asbestos manufacturer. Mesothelioma lawyers usually send the paperwork to the company of the defendant to review and approve before proceeding with the lawsuit.
Prior to asbestos safety regulations being more strict, workers from diverse industries were exposed to asbestos fibers in their workplaces. Construction and shipyard workers and shipyards, as well as those in mining were at risk. Additionally, veterans who served on military aircraft or Navy ships from the 1930s until the 1970s were also at risk for exposure to asbestos.
Asbestos sufferers are also eligible for benefits through the Department of Veterans Affairs (VA). VA provides disability compensation to service members who suffer from asbestos-related illnesses in addition to health care services. VA benefits usually pay for the cost of treatment for mesothelioma.
While class action suits were more prevalent in the past, mesothelioma lawyers today prefer to file asbestos lawsuits individually for their clients. These lawsuits permit lawyers to focus on proving the specific exposure history of each client and connection between that exposure and their condition. This is crucial to winning compensation in a mesothelioma lawsuit. It is therefore important to get a mesothelioma attorney as soon as you can. A licensed NYC mesothelioma legal team will know how to handle each client's unique situation and needs.
Settlements
If you or someone close to you is diagnosed with an asbestos-related disease you are entitled to compensation. The amount you receive depends on a variety of factors, including the severity of the condition as well as the type and length of exposure. These factors are usually dependent on whether you filed a lawsuit as part of a class action or a case by itself.
Compensation for asbestos-related diseases could include financial damages for example, the cost of past and future medical expenses. Additionally, lawyers for victims can file claims for noneconomic damages, like suffering and pain. This is a term that varies between states, but an skilled lawyer can help victims demonstrate the impact of their condition on their daily lives.
Asbestos victims are able to seek compensation from the company who exposed them or from an insurance company or asbestos trust fund that has taken the liability for the company's negligence. These funds are available regardless of whether the companies who manufactured or installed asbestos shut down or went bankrupt, thanks to court orders that have set aside large sums of money to compensate victims.
Settlements that are not negotiated in court tend to be lower than those granted by a jury or judge after a trial, but they allow victims to avoid the extra cost and time involved in trial. The value of a settlement or jury award is also dependent on the evidence the lawyer representing the plaintiff will present. In depositions and discovery prior to trial, lawyers uncover evidence that suggests that companies did not follow warnings regarding the dangers of exposure to asbestos.
Patients with mesothelioma often have to miss to undergo treatment, which results in loss of income and higher household expenses. A mesothelioma attorney can assist victims in receiving financial compensation for these expenses.
Because asbestos class action suit of victims were exposed to a variety of asbestos-related products, they are entitled to compensation from all the responsible companies. Experienced mesothelioma attorneys examine the unique exposure background of each victim as well as the number companies responsible for their condition when formulating a settlement.