How Long Does an Asbestos Claim Take?
The amount of time it takes for an asbestos claim to settle or be awarded can vary. The process can take an average of 18 months.
Victims or their loved ones must begin the process by contacting an experienced asbestos attorney. The lawyer will determine the different types of compensation the victim may qualify for.
Statute of Limitations
A statute of limitations sets the maximum time limit for legal claims. It is essential that asbestos victims or their families submit a claim before the statute of limitations expiring. Failure to do so could mean that the amount of compensation that he is entitled to. A mesothelioma lawyer can help determine whether the statute of limitation is appropriate for your particular case. The statutes differ by state and the type of claim, which includes personal injury or wrongful death.
Mesothelioma and other asbestos-related diseases are characterized by long latency. This means that patients might not even be able to show signs or know they have the disease until years after exposure. Because of this, the statute-of-limitations clock doesn't necessarily start on the day an individual experiences their first symptoms. Bethlehem asbestos attorneys could begin when a physician should have known that asbestos exposure was to be blamed for the illness.
Certain states also allow the limitation period to be tolled. This puts the clock in a pause but only for a limited amount of time. This is usually the case when the claimant is a child or has no legal capacity. A judge or a third party can also halt the clock in instances of fraud on the part of the defendant.
An experienced mesothelioma attorney will examine the various factors that impact the statute of limitations for a particular asbestos claim such as the type of case, the location of the exposure or employer, and the number of cancers diagnosed. Depending on the circumstances, victims can sometimes obtain extensions to their time-limit or alternative compensation options, such as veterans benefits, workers' compensation, or trust fund claims.
People who have been exposed to asbestos must speak to an experienced mesothelioma law firm as soon as possible about their case. The most reputable mesothelioma lawyers are willing to visit clients' homes and visit their families. They also are available on a contingent basis. To get started, complete a free case evaluation now. It takes just a few moments, and you will be contact by an attorney in the near future to discuss your potential case.
How to File a Claim
Many people who are affected by asbestos are unsure of what takes to start a mesothelioma lawsuit. It can take some time, but experienced lawyers are able to speed up the process. They have connections to mesothelioma specialists and are able to gather evidence and identify defendants who are liable.
A mesothelioma lawyer can review your medical documents, employment records asbestos-related documents, as well as other relevant information to determine your eligibility for compensation. They can also assist you to determine the best avenues for recovery like bankruptcy trusts, Department of Veterans Affairs and asbestos insurance companies.
An attorney can also help you find and interview witnesses to create an argument that is strong. They will determine the extent of the exposure you have to asbestos and the time frame it took to develop a disease. They will also take any additional evidence, like a biopsy to confirm a diagnosis of mesothelioma.
The initial consultation with a lawyer is free. After obtaining all the details necessary and submitting it to your lawyer, you will be able to submit a civil lawsuit or an asbestos trust. In certain cases the complaint may include a request for compensatory damages, such as an amount of money to cover pain and suffering as well as medical expenses. You or your loved ones may be able to receive punitive damages in addition an award of money for compensatory damages.
While in other areas of personal injury law the statute of limitations "clock" starts when an accident occurs, it does not operate this way in asbestos cases. You must act fast due to the long mesothelioma's time of latency asbestos-related illnesses, as well as other asbestos-related illnesses.
Once your lawyer file an action, the responsible party or asbestos trust will be given the opportunity to respond. In certain cases, they'll settle without going to the court. If the parties are unable to reach an agreement, then mesothelioma litigation will be commenced. The litigation process can go on for several years. It is important to consult an experienced attorney early and act swiftly.
Negotiating a Settlement
While the timeline of an asbestos claim can vary from case to case, there are key elements that can help the victims and their families know the length of time they'll have to pursue compensation. Asbestos sufferers should file their claim before the statute of limitations expires. They should also work with an attorney to make sure the claim is solid.
Asbestos lawyers are adept at dealing with asbestos litigation and have extensive experience in helping clients pursue the compensation they are entitled to. They can assist victims to build a strong case to hold asbestos companies responsible for their wrongful conduct. This could include identifying the types and locations of asbestos exposure and obtaining evidence of the financial loss incurred by their exposure.
Mesothelioma lawyers are also well-versed of the effect mesothelioma, along with other asbestos diseases, can have on the victim's quality of life. They will know to include this in their request for damages and will help victims negotiate fair settlements.
After the lawsuit is filed the mesothelioma lawyers exchange information with asbestos companies' attorneys as part of the discovery phase. This can take a few months. When both parties have this information, they'll generally try to come to an out-of-court agreement which results in an asbestos settlement. Almost all mesothelioma cases are settled, since the companies don't want to go to trial and shell out large sums of money.
The lawyer of the victim will look over a company's settlement offer and may suggest a counter-offer. If the victim accepts a settlement offer the victim must sign and notarize a release before seeking further compensation. They may also decline or reject the offer and continue to pursue compensation through other avenues such as taking the company to trial.
Asbestos victims might be able to get compensation through an asbestos trust fund, rather than by filing a lawsuit. These trust funds are set up by asbestos manufacturers to pay claims quickly and without the necessity of long trials. The asbestos trusts may be depleted of funds and will not be accessible to all victims.
Trial
The legal procedure for obtaining compensation can be long, regardless of whether you are mesothelioma patient or the spouse who died. You must prove that you suffered damage due to wrongful asbestos exposure, and the defendants have to admit liability for your harm. You may also be eligible for compensatory damages to cover the cost of your suffering, which includes medical expenses loss of income, emotional stress. You may also be able to demand punitive damages to reprimand the companies for their wrongdoing and prevent others from doing similar things.
It is important to be aware of where you worked and what asbestos-containing products you used. Multiple asbestos exposures are common among those who develop mesothelioma and other asbestos-related illnesses. It can take years before symptoms start to appear and you are diagnosed with an asbestos-related illness. This period of latency is a major reason behind the asbestos statutes-of-limitations laws which restrict the time you can file a lawsuit.
Most asbestos claims are settled with asbestos companies. Your lawyer can negotiate the terms of your settlement, which typically include a lump sum payment and ongoing compensation to cover your future medical costs.
The discovery process is an important part of your case. It is the time when you and the defendants share details about the case. This can be a time-consuming process, but it's vital to preparing for the trial.
A jury or judge will decide on the amount you're entitled to in your lawsuit once your case is ready to go to trial. The amount of money you receive isn't certain, but your lawyers can present a strong argument on your behalf.
In rare instances asbestos lawsuits could be investigated. However, this could delay your lawsuit, and there's no guarantee that you'll win an amount greater than what you would have received through settlement. Your lawyer will be able to explain to you the advantages and disadvantages of a trial and assist you to determine the best course of action for your particular situation. Asbestos victims have been awarded millions of dollars in verdicts, but this doesn't mean that you'll get the same amount.