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How to File a Mesothelioma Asbestos Claim Compensation is available to those who have been diagnosed with mesothelioma or other asbestos-related diseases. A mesothelioma attorney with experience can assist victims to receive the maximum payout. Individuals may also seek other forms of financial aid. For example workers' compensation may help with medical expenses. Additionally, mesothelioma trust funds could be a source of income. Statute of Limitations In the event of asbestos exposure, a victim has a limited amount of time to file a claim, or risk losing out on compensation. The statutes of limitations differ according to state, but the majority are between 2 and 3 years. The statute of limitations may also be affected by other factors, including the state where the victim lives as well as the date of diagnosis, and the location to which they were exposed. Mesothelioma, as well as other asbestos-related illnesses have a long time of latency that means patients won't develop symptoms or even know they're suffering until years after their first exposure to the harmful material. Due to this, the statutes of limitations “clock” starts on the date of diagnosis rather than the date of exposure used in other personal injury cases. This is referred to as the discovery rule. It allows victims to start on the path to a full recovery faster. It is crucial that patients work with an attorney who is experienced and is aware of the mesothelioma restrictions laws of each state. A mesothelioma lawyer can help clients avoid missing deadlines, which are crucial for obtaining compensation. A disease caused by asbestos can alter the lives of victims and their families. Therefore, those affected should file mesothelioma suits as early as they can in order to be compensated for medical expenses and medical bills. Based on the state, victims may file either a personal injury lawsuit or a wrongful death lawsuit. Personal injury suits are typically filed by patients who have been diagnosed with asbestos-related illnesses, while wrongful deaths suits are filed primarily by relatives of those who have lost a loved one to mesothelioma. The statutes of limitations for wrongful death cases are typically shorter than the statutes of limitation for personal injury claims. The deadlines for filing wrongful death cases vary state-to-state however, most of the time the wrongful death suit must be filed within one year after the victim's date of death. How to File a Claim Finding a reputable attorney is the first step to making mesothelioma claims. Top lawyers work on a contingency basis, meaning they only get paid if they get compensation for their clients. They research asbestos-related companies to determine which areas of the population were impacted by the harmful mineral, and what type of job they had. Mesothelioma patients are able to file a personal injury lawsuit or trust fund claim to receive financial compensation. Lawyers can help loved ones and patients decide which type of claim is beneficial to them. A lawsuit could result in either a settlement or jury verdict. Settlements tend to be more efficient than a trial and can result in faster payouts for victims and their families. Some victims do not want settlements and decide to go to trial to obtain a higher amount of damages. A mesothelioma lawyer will discuss the pros and cons of each choice to their client. The compensation from a mesothelioma lawsuit can help victims pay for their medical expenses, and also ensure financial stability. In a lot of cases, victims could be qualified for government benefits. Veterans who develop mesothelioma following exposure to military shipyards, or other branches of the Armed Forces are entitled to monthly VA benefits, as well as Social Security Disability Insurance (SSDI) to pay for living expenses. Family members of mesothelioma patients can file a wrongful death lawsuit to seek compensation for funeral expenses, loss of companionship and emotional distress. The wrongful death lawsuits could result in a verdict by a jury or settlement, just as personal injury suits. Mesothelioma can cause a variety of effects on the patient's quality of life. Lawyers will take the time to examine every aspect of a victim's case, and then come up with the best strategy for compensation. They will aid victims and their families in gathering all the evidence necessary to build a strong case against asbestos companies. These facts will be used to negotiate a fair and equitable settlement with the defendants. If no settlement can be agreed upon, the lawyers prepare to take the case to trial before jurors. Settlements Many asbestos victims receive financial compensation via settlements. This compensation can be used to pay medical bills loss of income, as well as other intangible expenses such as a decrease in quality of life. It is important to hire an attorney for mesothelioma, as the process is complicated and the laws vary from state to state. A lawyer will analyze the case and determine what companies are responsible for asbestos exposure. Your lawyer will search company documents to determine which companies made and used asbestos-containing products. Many of these asbestos-related companies have ceased to exist and have either shut down or been declared bankrupt. Some of these companies did, however, reserve funds in bankruptcy proceedings to compensate future victims. Your lawyer will help you file a claim against these trusts. The amount of the settlement will depend on a variety of variables like the length of time you've been exposed to asbestos, and your own mesothelioma-related diagnosis. Mesothelioma lawsuits are incredibly complex and long, involving evidence that shows that companies knew asbestos could be dangerous but did not warn workers or consumers. Defense parties usually settle to avoid a lengthy trial and the possibility of losing of a substantial judgment. During the litigation phase that is known as discovery the mesothelioma lawyers solicit information from defendants, including documents from the company and depositions of former employees and managers. Your lawyer will review the evidence to determine the credibility of your claim for mesothelioma. If a mesothelioma suit goes to trial the jury or judge will decide how much the defendant has to pay. Asbestos patients may be able get a higher settlement if they file part of a class action lawsuit. This kind of lawsuit is less popular now that the U.S. Bend asbestos attorney ruled against classifying asbestos exposure classes in 1997. The court declared that there were too many distinctions between individuals with similar exposure histories for one class action. Weitz & Luxenberg has helped hundreds of clients in mesothelioma lawsuits. They have an in-depth understanding of the different types of mesothelioma cases and can explain your options in detail. They also have a network of experts to help in your legal case. Contact us now to begin. Trial After a diagnosis of Mesothelioma, asbestos patients and their families are entitled to compensation. This compensation could assist families with the cost of treatment and alleviate financial burdens during a difficult time. A successful mesothelioma lawsuit can also help victims lead a happier life. Mesothelioma is also known as mesothelium is a serious disease that affects the lining in the lungs and abdominal cavity. Exposure to asbestos, a carcinogenic material is the most prevalent cause of the disease. It is uncommon for people to contract the disease from other sources. The majority of mesothelioma cases are settled in court, and some do not go to trial. If a trial takes place, a jury may decide to award compensation to victims of millions of dollars. In certain cases, more money is granted. Mesothelioma victims and their lawyers typically reach the most lucrative settlement with the defendants named in a claim. This is due in large part to the fact that corporations that are found to be asbestos-related have established trusts with estimated amounts that will cover the cost of medical bills and other damages. The defendants in mesothelioma trials have the time to respond to the claims made by the victim or his lawyer. They often deny responsibility, or claim that the victim is at fault for their injuries. For example, they may claim that the victim was a smoker or was exposed to asbestos while working in another job. A trial could be lengthy and vary in length depending on the number of defendants involved, the location where the trial is being held, as well as the amount of evidence that is presented to the jury. In general, mesothelioma trials last at least 18 months but can extend beyond that. Trials can prove beneficial for victims since they could demonstrate the defendant's negligence or wrongdoing. If you or someone close to you has been diagnosed with mesothelioma you should speak with a mesothelioma attorney to discuss the situation and determine whether it is better to settle or to go to trial.