If you’ve been diagnosed with an asbestos-related disease such as mesothelioma or lung cancer, you may have the option to file a lawsuit against the manufacturers the asbestos-containing products you were exposed to, negligent employers, and asbestos distributors.
Yet, these cases are time sensitive. Each state has a “statute of limitations” for mesothelioma lawsuits – which is the amount of time a case can be filed by the victim or the victim’s family. Typically, the amount of time you have to file is:
Asbestos Lawsuit: One to six years following diagnosis or discovery of asbestos-related illness
Wrongful Death: One to three years following the death of a family member
Through a mesothelioma lawsuit or settlement, victims and their families can secure financial compensation for their past and future medical bills, lost wages and future lost earnings, emotional distress, and pain and suffering.
What Is The Process for Mesothelioma Lawsuits?
A qualified asbestos lawyer can help you manage the entire lawsuit process – from lawsuit filing until compensation has been recovered. Although each mesothelioma case is unique, the general process is similar and may be expedited based on the health of the plaintiff.
- Initial Consultation: Prior to filing, your asbestos attorney will receive your work and medical histories to determine the date of your exposure, as well as parties that were responsible for your exposure.
- Filing a Complaint: A legal complaint will be filed that provides information about the victim’s medical injuries, as well as why the defendant is responsible for those injuries.
- Responses: The defendant(s) – which may include asbestos product manufacturers, employers, and asbestos distributors – may seek to have the case dismissed. An asbestos attorney will ensure the case proceeds.
- Discovery: During discovery, both sides prepare for a potential trial and gather evidence, depositions and other information regarding the case. Your attorney will also prepare for a trial strategy.
- Settlement or Trial: Most cases do not proceed to trial. Instead, a settlement is reached by both sides prior to the trial. In some cases, a jury trial proceeds, and the defendant may or may not be required to be present.
What Is a Mesothelioma Lawsuit Settlement?
Not all mesothelioma lawsuits proceed to trial. In fact, many are “settled” out of court, prior to proceeding. In these cases, a specific financial reward – the mesothelioma settlement amount – is agreed upon by both sides.
In general, the amount of your mesothelioma lawsuit settlement will be based on a variety of factors, including:
- Diagnosis and medical history
- Proof of negligence
- Past and future medical bills
- Lost wages, lost future earnings
- Pain and suffering
Ultimately, the amount of your settlement will also be linked with the strength of the case you have against the liable parties. Your asbestos attorney will work to establish a strong case against the liable parties, as well as ensure you receive the greatest possible settlement amount.
If your or a family member has been diagnosed with mesothelioma, you may be entitled to compensation. Speak with our experienced asbestos attorney today to learn more about your legal options for securing compensation.