Mesothelioma Lawsuit Compensation
A mesothelioma lawsuit could result in compensation to victims for medical expenses, lost income, and other expenses. Personal injury and wrongful-death claims are the most common types.
Compensation can be given in the form a settlement or a verdict in a trial. Settlements are more desirable than trials which can be lengthy and complicated.
Statute of limitations
Mesothelioma, an asbestos-related cancer affects the mesothelium. It is a thin layer that surrounds important organs of the internal system, such as the lung. The disease is caused by asbestos exposure which is commonplace in power plants and factories. The disease can be anywhere between 10 and 40 years to manifest. This time frame can have a significant effect on the statutes or limitations which are legal timeframes that define when victims are able to bring lawsuits seeking compensation.
Each state has a different statute of limitations for asbestos-related claims. The standard statute spans between two and three year. The time period may be shorter based on the location of the asbestos exposure and whether the victim is pursuing a trust fund or personal injury lawsuit. Mesothelioma attorneys are adept at helping victims understand the statutes of limitation applicable to their particular cases.
The time-limit for personal injury lawsuits usually starts to run out after a diagnosis of mesothelioma. This is because it can take up to a year before mesothelioma patients receive confirmation of their asbestos-related illness from medical professionals. However, there is an exception, known as the discovery rule which allows the statute of limitations to begin at the date of the patient's mesothelioma diagnosis rather than their first exposure to asbestos.
There is still a chance to seek justice for victims whose loved one has died from mesothelioma or asbestos-related illnesses or other asbestos-related diseases. Family members can make wrongful death claims on behalf of their deceased relatives. A knowledgeable mesothelioma attorney will examine a loved one's employment background, identify their potential exposure areas and investigate the options for financial compensation.
Damages
People who have been diagnosed with mesothelioma and other asbestos-related illnesses can file lawsuits against the companies responsible. Compensation can help families and victims pay for medical expenses, income loss and other expenses associated with the disease. Asbestos sufferers can also receive compensation for wrongful deaths in certain cases.
The amount of compensation mesothelioma cases is contingent on the specific circumstances of the person and may include multiple types of damages. Compensation may include compensation for medical expenses, lost income, and pain and suffering. The average settlement for mesothelioma is $1 million. The average verdict in a trial is $2.4 millions.
A lawsuit brought against companies who knew they were exposing workers to asbestos can guarantee that the victims receive the financial assistance they require. A mesothelioma attorney can help you determine which avenue to pursue for compensation.
The top mesothelioma lawyers across the country offer free consultations and reviews of cases. In these meetings, a mesothelioma lawyer will review your case and offer suggestions on how to proceed. The attorneys at these firms operate on a contingency-based fee basis which means that there are no upfront fees and you pay only the amount if you get compensation.
Asbestos litigation can be complex and the timelines for filing a suit can differ greatly. Many asbestos victims have received compensation for their asbestos exposure. Here are some previous mesothelioma verdicts and settlements:
Preparing for trial
Your lawyer will begin a lawsuit after obtaining information about mesothelioma, and identifying defendants. Defendants then have a limited period of time to respond, which could take time. The next step involves the discovery phase, in which both sides ask witnesses and exchange documentation. The process can take several months or more, depending on the extent of the case as well as the number of defendants.
During the discovery process, your attorney will also investigate other sources of potential exposure, like your relatives, former employers, and military service-related records. This will help to determine the responsible parties and when you were exposed to asbestos. Your lawyer will also identify experts who can assist you in your case. Your lawyer might arrange for you or a loved one to participate in a "deposition", which is a witness's testimony under oath. It usually takes place in a courtroom, and will require you to answer questions from opposing counsel. Your lawyer will help you prepare for this and will inform you ahead of time the kind of questions opposing counsel is likely to ask.
Your mesothelioma attorney will prepare for a trial in the event that the defendants refuse to settle. The trial could be long, but your lawyer will strive to achieve an acceptable settlement for you. If you win the trial, the jury will award compensation. It is important to note that the verdict of a jury may be lowered or rescinded in the future.
If you or a loved one has been diagnosed with mesothelioma, contact Galiher DeRobertis & Waxman to find out about your legal options. We charge only fees for mesothelioma claims if we recover compensation on your behalf.
Settlements
Settlements in asbestos lawsuits provide compensation for asbestos victims and their family members. Settlements can be used to pay for medical expenses, lost income, and more. The amount of money that is available in a settlement will depend on a variety of factors. The amount of companies involved will affect the amount of settlement. The state where the claim was filed could also impact the time required to receive a settlement. A mesothelioma lawyer can discuss these and other issues to help patients decide if an appeal or mesothelioma lawsuit attorney assistance settlement is the best option for them.
Most cases filed in the United States settle before they go to trial. The majority of settlements occur outside of court and involve a monetary sum that is negotiated by both parties. Contrary to what is commonly believed, mesothelioma-related cases usually result in higher awards. However, there is no guarantee that juries will be in the favor of plaintiffs.
A mesothelioma lawyer can help get asbestos lawsuit settlements, or a jury verdict. The attorneys can look over the evidence, collect the information of the defendant and draft an official complaint. Mesothelioma claims may be a source of conflict for multiple defendants, such as asbestos manufacturers and other parties that might have exposed their employees to asbestos.
Trials and settlements involving asbestos are a complicated legal issue. Lawsuits should be filed in a timely fashion and mesothelioma lawyers must carefully review all of the evidence in the file. This could require a thorough review of medical records, employment and financial records, legal research, and more. It is not uncommon to take several years to reach a definitive verdict in a mesothelioma-related case. A mesothelioma lawyer is familiar with these types of cases and can make it as simple as possible for clients.
Verdicts
A verdict is a financial award made by a jury or judge in a legal proceeding. Mesothelioma sufferers or their families are eligible for verdict awards in the event of the success of a mesothelioma suit. These awards could include restitution of medical expenses, lost wages and pain and discomfort.
Mesothelioma lawyers can help their clients receive the maximum possible compensation from lawsuits. They can also help with other asbestos claims. For instance, veterans who suffer from asbestos exposure on the job can file a mesothelioma lawsuit for monthly reimbursement from the VA. Asbestos victims may also be entitled to workers' compensation from their employers.
Most mesothelioma cases settle out of the court before going to trial. However, there are some exceptions. A plaintiff lawyer can use the defendant's history of asbestos litigation to their advantage during the discovery process to convince the defendant to settle.
A jury's award amount is determined by a number of factors. The severity and stage of the illness plays an important role. Other factors include a person's mesothelioma type as well as their previous exposure to asbestos. Cancerous diseases like mesothelioma are typically granted more than conditions that are not cancerous like asbestosis.
A woman who was diagnosed with pleural msothelioma after using talcum powder received a $120m award. The value of a mesothelioma claim may also change over time. For instance, certain verdicts have been thrown out or lowered after appeals. This is not common. The average mesothelioma payout is between $1 to $1.4 million. The amount could vary based on the state and case details.