Most mesothelioma lawsuits handled by an experienced law firm end in a successful settlement with virtually no stress placed on the clients and families.
Filing a Mesothelioma Lawsuit
Filing a mesothelioma lawsuit can bring much needed financial support and is often less stressful than most patients and families realize. Most mesothelioma patients and their families are eligible for compensation from asbestos manufacturers that hid the dangers of asbestos instead of informing their workers or consumers.
Benefits of Filing
Compensation and Damages
The main reason for filing a lawsuit is the high probability of receiving significant compensation. This money is often responsible for allowing a patient to receive treatment options that would otherwise be unavailable to them because of the high out of pocket costs.
Timely (Out-of-Court) Settlements
Nearly all successful mesothelioma lawsuits are settled outside of court. The legal process for these types of cases isn’t dragged out like it is in many other types of law suits. This means patients can get the compensation they deserve in a timely manner.
An experienced lawyer from a national law firm will travel to their client and take on almost every aspect of the case, including determining where their client was exposed to asbestos.
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- Understand your legal options.
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- Get financial compensation.
Common Questions About Mesothelioma Lawsuits
How long do mesothelioma lawsuits take?
While it is impossible to know ahead of time the exact amount of time your mesothelioma law suit will take, it is true that if you hire a good national mesothelioma law firm, your attorneys will likely be able to get your case expedited and concluded in only 12-18 months, with some jurisdictions offering trial dates in as little as three months.
You mentioned a trial date. Does that mean that my case will go to trial?
That is highly unlikely. Nearly all mesothelioma cases are settled out of court. This is because the asbestos manufacturers have already admitted guilt; meaning that the question is not whether they are going to compensate you, but only how much. Plus, it can be very expensive for an asbestos company to go to trial. That said, your attorney will still get you a trial date which will create a deadline for the asbestos company you are filing against to settle. Therefore, the sooner your trial date, the sooner the asbestos company’s attorney will have to come to the negotiating table to work out a settlement with your lawyer.
Can I file a law suit against a company that has filed for bankruptcy?
Generally, no. Once an asbestos manufacturing company files for bankruptcy, they are legally protected from future law suits. However, these companies were required to set aside funds for people that they unnecessarily exposed to asbestos, despite knowing the dangers for decades. These funds are called Asbestos Trust Funds and an experienced mesothelioma attorney can identify and file with every trust fund established by the bankrupt companies that are responsible for your exposure.
How much money will I receive?
The average mesothelioma case is estimated to be somewhere between $750,000 and $1 million. However, the range of total compensation amounts is wide and depends on many different factors such as number of different asbestos products the patient was exposed to, how many of the responsible asbestos companies are bankrupt, how much each bankrupt company’s trust fund pays, and the size of the settlements from any viable defendants. An attorney can only estimate how much compensation you will receive after reviewing your case and conducting a thorough investigation into your exposure history.
How will I pay my mesothelioma attorney?
You won’t have to pay your attorney up front. Top mesothelioma attorneys charge on a contingency basis only. The lawyer will simply take a percentage of the compensation you are awarded so you never pay anything out of pocket.
How long do I have to file a mesothelioma claim?
Mesothelioma cases have a statute of limitations (SOL), meaning there is a limit to how long you can wait to file. Statutes vary based on where you live, where the exposure happened, and several other factors. That said, some states have an SOL that is only one year from the date of diagnosis, so it is vital that you consult with an attorney early on in order to know what your deadline is to file a case. But a mesothelioma case can take months of investigative work to determine who is liable in your case. Therefore, you must hire a lawyer early on to ensure they have sufficient time to do all the investigative work and file your claim before the statute of limitations expires.
Can veterans file for mesothelioma compensation?
Yes. Veterans can file for both VA Disability Compensation and file against the responsible asbestos manufacturing companies simultaneously. Lawsuits are not filed against the military. The lawsuits are filed against the negligent companies that sold dangerous asbestos products to the military. However, determining which companies were selling asbestos to the military requires a mesothelioma law firm with experience in researching military exposures. If you are a veteran, you should be sure to ask any firm you interview how much experience they have in handling cases with military exposure.
Will I be part of a class action lawsuit?
No. Mesothelioma cases are no longer filed as class action lawsuits. If you choose to file for compensation, your case will be handled individually.
Mesothelioma Claims Process
Hire a Mesothelioma Law Firm
Hiring a quality mesothelioma firm is the first and most important step in filing a claim. Your lawyer is responsible for almost every aspect of your case, so choosing well is important.
Get a Visit From a Lawyer
Patients can hire the best law firms in the country regardless of location because top lawyers will travel to meet their mesothelioma patients. This meeting allows the lawyer to get to know their client and begin the asbestos product identification investigation.
Lawyers Determine Exposure History
By thoroughly researching a patient’s exposure history, mesothelioma lawyers are able to determine which companies to file claims against. The most experienced mesothelioma law firms have been researching asbestos products for decades and possess a vast database of information about asbestos companies and who they were selling asbestos to.
Usually, the most work a patient can expect to do for their lawsuit is provide a video deposition. This deposition is a record of their testimony to be used as evidence in the unlikely event that their case goes to trial. This recording allows mesothelioma patients to testify without being present in court.
Most Suits End in Settlement
Lawsuits can seem overwhelming for many reasons, one potentially being the stress of a drawn out trial. Fortunately, most all mesothelioma lawsuits are settled before the trial date.
Choosing a Mesothelioma Law Firm
Once a patient has committed to finding the best treatment available, the next step is to find the best legal representation available. Just like choosing a specialist for treatment, there are attorneys who specialize in representing the victims of asbestos exposure. Patients should never compromise when finding the best firm to represent them.
A great mesothelioma law firm:
- Has years of experience in mesothelioma cases
- Works on a contingency basis and doesn’t get paid until you do
- Represents clients around the country and will travel to you
- Minimizes stress for their clients by doing most of the work
- Communicates well with you and updates you on your case
A national law firm is more capable of fully investigating your claim to find all liable asbestos companies and determine where to file a case. Experienced law firms will usually move a case to a jurisdiction that is more favorable to their client in terms of the amount they will receive and the time it will take to be compensated. Get in touch with top law firms with our free legal services.