Skip to main content

Broussard Bunn

Blog entry by Broussard Bunn

Mesothelioma Asbestos Lawsuits

Mesothelioma is a form of cancer that is caused by asbestos, can be fatal. Legal action helps families of victims receive the compensation they deserve.

Compensation can be derived from the company responsible for exposure, or from bankruptcy trust funds set up by large companies who went bankrupt and set aside funds for mesothelioma claims.

If you've been diagnosed with mesothelioma, call mesothelioma lawyers for a free review of your case. The firm that you select should be experienced.

Statute of Limitations

A statute of limitations is a law that limits the time you have to file a lawsuit after an injury. In most personal injury cases the statute of limitations "clock" starts to tick on the date of the accident or injury. However, mesothelioma asbestos cases have a distinct legal procedure that makes it difficult to follow the statute of limitations rules. This is why it is important to speak with a mesothelioma lawyer as soon as you can to ensure that your claims do not expire.

The mesothelioma statute of limitation can vary by state, but the majority of states have similar laws for personal injury and wrongful death claims. For instance, mesothelioma patients in the United States must file a lawsuit within one year of being diagnosed. Some states also take into account the location of the place where a patient was first exposed to asbestos in determining the time limit for filing a lawsuit.

The symptoms of asbestos-related diseases and mesothelioma could take years to show. This long latency period makes asbestos cases extremely difficult. mesothelioma attorney class action lawsuit should be considered when determining the time limit in these cases. It can also impact the time it takes for the victim to get compensation from asbestos companies.

Mesothelioma's statutes are usually shorter than those for personal injuries. This is due to the fact that a victim may be suing multiple asbestos-related lawsuits. A victim could file a personal injury suit and an asbestos trust fund claim.

The mesothelioma lawsuit process is complex and requires the assistance of an experienced attorney. An attorney can help mesothelioma patients as well as their loved ones navigate the statute of limitations and filing deadlines.

An experienced mesothelioma lawyer can also help victims file asbestos lawsuits against responsible companies in a variety of states. This is particularly beneficial if the asbestos exposure was in multiple states. A lawyer can also help victims make claims to several asbestos trust funds in the event that they are unable to reach a settlement with one company. An attorney can also help victims obtain veterans benefits and health insurance.

Discovery

In the discovery phase, the mesothelioma attorney identifies companies accountable for asbestos exposure, and begins to collect evidence. This may include witness statements, documents and physical evidence like asbestos-containing items found at a job site or at home. This evidence is used to build a case for compensatory damages, such as medical expenses and loss of wages as well as pain and suffering and loss of consortium.

Asbestos patients may sue multiple defendants, based on the severity of their illness and the location in which they were exposed. Defendants hire experienced lawyers in order to stall asbestos litigation and prevent victims from receiving compensation. Mesothelioma lawyers are well-versed in these strategies and know what to do to avoid these tactics.

If the defendants are notified of mesothelioma-related lawsuits, they will review the allegations and then submit a response to the claim. The defendants are likely to claim that they are not responsible and argue that the other parties are to blame. The lawyer representing the mesothelioma patient will react to these arguments by presenting evidence that proves the client's injuries were because of the defendants' negligence.

Once the discovery phase is over, a mesothelioma settlement agreement will be presented to the victim. The lawyer will negotiate on behalf of their clients for the best possible compensation. Asbestos companies usually start with low settlements, but mesothelioma lawyers can get much larger settlements.

If a settlement cannot be reached, the mesothelioma patient may decide to bring their case to trial. During a trial both sides will argue their case to a judge or jury. The jury will decide whether the asbestos firm was responsible and what amount of compensation should be awarded to the victim.

Asbestos victims should also be aware that filing a suit is different from applying to the Department of Veterans Affairs for veterans benefits. VA benefits are available to veterans who contracted mesothelioma in the military, and do not involve suing asbestos-related companies.

Settlements

Contingency fees are usually charged in mesothelioma cases. This means that your lawyer will not charge you upfront and instead take a percentage from the settlement or verdict. This is outlined in the fee agreement.

After your lawyer has obtained evidence of your asbestos exposure they can begin negotiations with defendants. On average, it takes 18 months to settle a mesothelioma case, and this is because both sides require time to gather information that will be used in the trial.

The amount of compensation you receive will depend on the severity of your symptoms and how much money will be needed to cover the costs of treatment. This will usually include your medical bills, lost wages and any other expenses relating to your diagnoses. You could also be entitled for non-economic damages, like pain and discomfort, depending on the jury's verdict.

Asbestos lawyers are familiar with the complexity of calculating these awards. Your mesothelioma lawyer will utilize the most recent research and data to put an amount of money on your case. Additionally, they will account for your unique situation and the extent to which mesothelioma symptoms have affected your life.

In a majority of instances, defendants will accept that they will be liable for a portion of the damages that are disputed during the settlement phase. However there are certain defendants who will not bargain and prefer to go to trial. If you can show that the defendant was negligent in the way they exposed you to asbestos the jury is likely to award you a significant sum.

In the past, the majority mesothelioma lawsuits were settled via a multidistrict suit (MDL), but now the vast majority of cases are resolved directly with defendants. More than 30 asbestos-related companies have filed for bankruptcy since asbestos was found to be linked to certain illnesses. This means that the majority of mesothelioma victims are now receiving compensation through more than 60 asbestos trust funds that offer more than $30 billion to asbestos victims.

Certain asbestos plaintiffs have claims against multiple defendants due to the fact that they were exposed to asbestos in different locations and asbestos producers, often in multiple states. Your mesothelioma attorney can assist you in identifying the appropriate defendants in your case, regardless of whether they have gone bankrupt or were acquired by a different company.

Trial

A mesothelioma lawyer can help victims and their families file an asbestos lawsuit against responsible corporations. These cases seek compensation to aid victims in paying for medical expenses, funeral costs, and lost wages due to their condition.

patients-in-surgery-waiting-area-2022-03-04-01-53-40-utc-scaled.jpg?lossy=1&strip=1&webp=1
During the discovery phase, victims and their attorneys communicate with defendants. This process can last for weeks to months. However, the majority of mesothelioma lawsuits are resolved through settlements instead of going to trial. Settlement amounts are determined by the severity of the patient's mesothelioma, or any asbestos-related illness and the type of business responsible for the victim's exposure and many other factors.

Once a lawyer for a plaintiff has gathered relevant information, they will make a claim on the patient's behalf. They will manage the legal process and advise when to either accept a resolution or pursue justice.

The statute of limitations for bringing a mesothelioma claim is determined by a variety of factors, including where a victim resided and worked in the time they were exposed to asbestos and which companies may be accountable. The time limit also differs by state and is different for personal injury or wrongful death cases.

The defendant has 30 days from when the lawsuit was filed to respond. They are not required to admit fault, but they can be able to deny the allegations, or claim that a different party was responsible for the victim's asbestos exposure.

Asbestos defendants can also employ tactics to delay or prevent a case from going to trial. A mesothelioma lawyer with experience is adept at thwarting these tactics and ensuring that your case proceeds in a timely manner.

Although the exact amount of settlements are kept secret due to confidentiality agreements Some of the largest verdicts and settlements in mesothelioma lawsuits are made public at times. In 2022, for example an New York juror awarded $75 million to the family of a former mechanic at a car dealership who was diagnosed with mesothelioma following years of exposure. This is a large sum of money and it's vital that victims get the compensation they deserve.